Regulations on regular purchases in Vietnam

What are the conditions for regular purchases in Vietnam? What are the regulations on regular purchases? - Tuan Truong (Khanh Hoa, Vietnam)

Regulations on regular purchases in Vietnam (Internet image)

1. Conditions for regular purchases in Vietnam

According to Article 46 of the Law on Procurement 2013, the conditions for regular purchases in Vietnam are as follows:

Regulatory agencies, political organizations, socio-political organizations, socio-political-occupational organizations, social organizations, socio-occupational organizations and units of the People’s armed forces, and public non-business units may apply the recurrent procurement of goods and services upon satisfying all the following conditions:

- Use the capital sources for regular purchases in Vietnam;

- Goods and services under list of goods and services allowed applying regular purchases to maintain regular activities of agencies, organizations and units.

2. Regulations on regular purchases in Vietnam

According to Decree 73 of Decree 63/2014/ND-CP, the regular purchases (except for purchases of supplies and equipment for the project; specialized equipment and vehicles serving national defense and security) include:

- Purchases of working equipment under government’s regulations on standards and limits on working equipment of state agencies, officials and civil servants;

- Purchases of supplies, tools, and equipment serving regular operation;

- Purchases of machinery and equipment serving professional operation, assurance of occupational safety and fire safety;

- Purchases of professional outfits (including payment for materials and tailoring services);

- Purchases of IT products: machines, equipment, accessories, software, and other IT products, including installation, test run, warranty (if any) IT projects funded by government budget according to government’s regulations on management of IT applications funded by government budget.

- Purchases of means of transport: cars, bikes, ships, boats, and other vehicles (if any);

- Publications, documents, forms, stamps, books, videos, and propagation products serving professional operation;

- Maintenance, repair of machines, equipment, vehicles; lease of the office building and other goods; lease of the transmission lines; insurance, supply of electricity, water; telephone line, and other services;

- Consulting services include: consultancy on technology selection; bid-envelope evaluation, and other consulting services;

- Industrial property rights, intellectual property rights (if any);

- Other goods/services purchased for the purpose of sustaining the normal operation of the unit.

3. Regular purchase process in Vietnam

The regular purchase process according to Article 74 of Decree 63/2014/ND-CP is as follows:

The selection of a contractor for regular purchase must comply with regulations on selection of contractors for the projects mentioned in Chapter II and Chapter II of the Law on Procurement 2013.

4. Organizing selection of bidder in regular purchase in Vietnam

Organizing selection of bidder in regular purchase according to Article 47 of Law on Procurement 2013 as follows:

- Selection of bidder in recurrent procurement shall comply with Articles 38, 39, 40, 41, 42 and 43 of Law on Procurement 2013.

- The Government shall elaborate regulations on on recurrent procurement.

Thanh Rin

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