Overall bulk purchasing process in bidding in Vietnam

Overall bulk purchasing process in bidding in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Rules for bulk purchasing in bidding in Vietnam

According to Article 68 of Decree 63/2014/ND-CP, the rules for bulk purchasing in bidding is as follows:

-  The purchases must be made via a unit specialized in bulk purchasing (hereinafter referred to as bulk-purchasing unit) of a Ministry, ministerial agency, Governmental agency, a central agency, the People’s Committee of a province, or a company.

If the bulk-purchasing unit is not capable, it shall hire a professional bidding organizer to select a contractor.

- With regard to goods and services on the list of goods/services that must be purchased in bulk, the buyer shall recognize the result of contractor selection, the framework agreement, and sign a contract with the selector contractor via shopping pursuant to the framework agreement.

If the contract is signed with a contractor other than that selected via shopping, the contract shall not be paid for.

- Application of online bidding to bulk purchasing shall be carried out under the roadmap approved by the Prime Minister.

- When selecting contractors to perform similar contracts within the competence of different persons, such persons shall reach an agreement on authorizing a competent person as prescribed in Article 73 of the Law on Bidding;

In this case, the competent person shall appoint a unit capable of selecting a contractor and fulfill other obligations prescribed in Article 69 of Decree 63/2014/ND-CP.

2. Overall bulk purchasing process in bidding in Vietnam

Overall bulk purchasing process in bidding according to Article 70 of Decree 63/2014/ND-CP is as follows:

- Overall bulk purchasing process:

+ Survey the needs;

+ Make, evaluate, and approve the contractor selection plan;

+ Prepare for contractor selection;

+ Carry out the contractor selection;

+ Evaluate bid-envelopes and negotiate the contract;

+ Verify, approve, and announce the result of contractor selection;

+ Complete and sign the framework agreement;

+ Complete, sign, and perform the contract with the selected contractor. If the bulk-purchasing unit directly signs a contract with the selected contractor, the framework agreement mentioned in Point g of this Clause may be omitted;

+ Pay for and finalize the contract.

- Depending on the scale and characteristics of the contract, the bulk-purchasing process may be divided into multiple parts, each of which may be performed by a separate contractor.

3. List of goods and services purchased in bulk in Vietnam

According to Article 71 of Decree 63/2014/ND-CP, the list of goods and services purchased in bulk is as follows:

- Goods and services shall be put on the list of goods and services purchased in bulk when:

+ They are purchased in large quantities or commonly used at many organizations;

+ Goods or services must be consistent and modern.

- Responsibility to issue the list of goods/services purchased in bulk:

+ The Ministry of Finance shall issue to issue the national list of goods/services purchased in bulk. The Ministry of Health shall issue the list of medicines purchased in bulk;

+ Ministries, regulatory bodies, local governments and companies shall issue their own lists of goods/services purchased in bulk.

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