Amendments to regulations on determination of procurement value covered by state capital

Amendments to regulations on determination of procurement value covered by state capital
Tran Thanh Rin

On November 11, 2022, the Minister of Finance issued Circular No. 68/2022/TT-BTC on amendments to Circular Circular No. 58/2016/TT-BTC on use of state capital for procurement for maintenance of regular operations of state agencies and affiliated units.

According to this Circular, the value of procurement of goods, assets and services is determined, as follows:

On the basis of the approved procurement budget estimate, the procurement value is determined according to at least one of the following documents to avoid deviations from market prices:

+ The market price is based upon at least 03 latest quotations of the different suppliers in the local area, obtained within the last 90 days before the date of submission to the appraisal agency for the plan for selection of contractors.    

In case, there are not enough 03 local suppliers, the market price may be obtained from suppliers in other areas or information sources provided by competent agencies or organizations with legal status in accordance with regulations of the Law;

+ Results of valuation given by valuation authorities or enterprises for assets, goods and services subject to valuation according to regulations of the Law on prices;

+ Latest successful bids for procurement of a similar type of goods at the latest time, within the last 90 days (previously within the last 30 days according to Circular No. 58/2016/TT-BTC)

If the procurement is divided into multiple parts, the estimated value of each part must be clearly stated.

- In case there are grounds to determine that the market price has a fluctuation compared to the approved price (according to quotations, the valuation results and the successful bids for procurement of a similar type of goods), the person who has the power to approve the plan for selection of contractors shall decide to update the procedure value within 28 days before the date of bid opening, if necessary. (New point)

- If the relevant laws have regulations of determination of procurement value, the determination of the procurement value shall comply with regulations of the relevant laws. (New point)

Circular No. 68/2022/TT-BTC takes effect from November 14, 2022.

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