Decision 17/2019/QD-TTg bidding packages are subject to contractor selection in special cases

DECISION

On a number of bidding packages and procurement contents to maintain routine operations, which are subject to contractor selection in special cases specified in Article 26 of the Bidding Law^[1]

Pursuant to the June 19, 2015 Law on Organization of the Government;

Pursuant to the June 22, 2015 Law on Promulgation of Legal Documents;

Pursuant to the November 26, 2013 Bidding Law;

Pursuant to the Government’s Decree No. 63/2014/ND-CP of June 26, 2014, detailing the implementation of a number of articles of the Bidding Law regarding contractor selection;

At the proposal of the Minister of Planning and Investment;

The Prime Minister promulgates the Decision on a number of bidding packages and procurement contents to maintain routine operations, which are subject to contractor selection in special cases specified in Article 26 of the Bidding Law.

Article 1.Scope of regulation

1. This Decision prescribes the list of bidding packages and procurement contents to maintain routine operations, which are subject to contractor selection in special cases specified in Article 26 of the Bidding Law, and the procedures for contractor selection for bidding packages and procurement contents specified in this list.

2. Cases of procurement to maintain routine operations other than those specified in Article 3 of this Decision must comply with the Bidding Law and the Government’s Decree No. 63/2014/ND-CP of June 26, 2014, detailing the implementation of a number of articles of the Bidding Law regarding contractor selection.

Article 2.Subjects of application

State agencies, political organizations, socio-political organizations, socio-politico-professional organizations, socio-professional organizations, social organizations, people’s armed forces units, public non-business units, and public science and technology organizations using state capital to purchase assets, goods and services to maintain their routine operations.

Article 3.List of bidding packages and procurement items to maintain routine operations, which are subject to contractor selection in special cases

1. Specialized training bidding packages for cadres and civil servants, including compilation of textbooks, due to the necessity to invite agencies or units having competence or specialized training functions and tasks as assigned by competent authorities.

2. When necessary to select contractors to provide services of organizing conferences, seminars, congresses and training courses (food catering and accommodations for delegates; lease of meeting halls, meeting rooms and related services such as decoration, reception and drinking water catering, etc.) that require large accommodations of the same quality for all delegates after a short period of preparation.

3. Bidding packages for the provision of overseas training services for Vietnamese human resources by overseas training institutions with special professional or technical expertise in the fields of culture, science, technique and natural and social sciences.

4. Bidding packages for purchase or training of police dogs; purchase of narcotics, explosives, samples impregnated with narcotic vapor or explosives to train police dogs.

5. Bidding packages for rent of warehouses for keeping temporarily seized goods; hired transportation, loading and unloading of temporarily seized goods at seaports and concentrated goods inspection locations if there is only one service provider at the port.

6. Bidding packages for transportation of national reserves goods for relief and aid in case immediate delivery of goods is required.

7. Printing and provision of stamps (duty-free stamps, imported liquor stamps, domestically produced liquor stamps, imported cigar stamps; imported cigarette stamps, domestically produced cigarette stamps, stamps for collection of fees for customs clearance, stamps for collection of fees for in-transit cargoes and vehicles); receipts (tax receipts, revenue receipts, fee receipts, export duty receipts, tax receipts for imported goods); declarations (declaration of origin of imported automobiles, declaration of origin of imported motorbikes); duty-free goods quota books; and customs seals.

8. Purchase and exchange of television broadcast copyright.

9. Production and installation of stages for production of broadcasts associated with their realization ideas.

10. Rent of locations for the production and recording of programs with high artistic content.

11. Publicization in the mass media including printed newspapers, newswires, radio and television stations of contents made to serve political tasks assigned by the Party and the State, providing information on the defense of national sovereignty and borders and islands in cases where agencies or units allocated with funds for communication tasks directly sign contracts with press agencies for implementation.

12. Bidding packages for organizing special art programs in service of political tasks assigned by the Party and the State.

13. Bidding packages for urgent valuation of property involved in criminal cases as required by investigating bodies.

14. Bidding packages for import of sport weapons to serve annual training and competition of sport training clubs, schools and centers.

15. Purchase of flight tickets for delegations on domestic and international working missions.

16. Bidding packages for cooperation in film production to serve assigned political tasks.

17. Selection of lawyers to provide legal services to protect the rights and interests of the Vietnamese Government or State agencies at foreign or international tribunes when Vietnam is a defendant or respondent in international lawsuits.

18. Procurement of various types of property, goods and services produced by a single establishment and having uniform selling prices set by the State (such as electricity, water, petrol, oil, environmental sanitation charge and other similar services), fixed telephone charge and charge for maintenance of the fixed telephone switchboard system.

19. Bidding packages of a value not exceeding VND 50 million.

20. Selection of contractors to provide a number of services that require long-term (more than 1 year) commitment with suppliers such as rent of transmission lines and relay stations, technical infrastructure facilities, software, domain names and servers; electronic data storage; warranty assistance and operation of hardware and software systems, and user support services (call centers), etc.

21. In addition to the cases specified in Clauses 1 thru 20 of this Article, any bidding packages and procurement items with special or particular conditions for which the forms of contractor selection specified in Articles 20, 21, 22, 23, 24 and 25 of the Bidding Law cannot be applied shall be submitted by ministers, heads of ministerial-level agencies and chairpersons of People’s Committees at all levels to the Prime Minister for consideration and decision under Article 26 of the Bidding Law.

Article 4.Procedures for contractor selection in special cases

1. Bidding packages specified in Clauses 1 thru 13, Article 3 of this Decision shall be implemented according to the following procedures:

a/ Formulation, appraisal and approval of contractor selection plans;

b/ Negotiation on contracts with contractors with sufficient capacity and experience;

c/ Approval of contractor selection results;

d/ Finalization and signing of contracts with contractors; a contract must contain all contents related to the requirements on jobs to be performed, period of performance, quality of performed jobs, and contractual value.

Particularly for bidding packages specified in Clause 13, Article 3 of this Decision, contractors invited for contract negotiation must fully satisfy the requirements on capacity, experience and prestige and shall carry out price appraisal in accordance with the requirements of the investigation and trial of cases.

2. Bidding packages specified in Clause 14, Article 3 of this Decision shall be implemented according to the following procedures:

a/ Formulation, appraisal and approval of plans on selection of contractors for importing sport weapons;

b/ Negotiation on contracts with selected contractors for importing sport weapons;

c/ Approval by the project owner of results of selecting contractors for importing sport weapons. A selected contractor must be an organization or enterprise licensed to produce and trade in weapons, having prestige and sufficient capacity and experience in trading in sport weapons and offering reasonable prices of weapons to be imported;

d/ Finalization and signing of contracts with selected contractors for importing sport weapons. A contract must have all contents on jobs to be performed, categories of imported weapons and their designs, symbols, country and year of manufacture and main technical parameters, performance period, performed job quality, and contractual value. The licensing of import, equipping and use of sport weapons must comply with the current regulations on management and use of sport weapons.

3. Bidding packages for purchase of flight tickets specified in Clause 15, Article 3 of this Decision shall be implemented according to the following procedures:

a/ For groups on international working trips

- Based on the approved working plan and flight route, the agency or unit shall take at least two price quotes of two different flight ticket agents (or quotes of one air ticket agent for at least two different airlines, including at least one official agent of the Vietnam Airlines) with the same flight route for consideration, comparison and selection of the flight ticket provider that meets the following requirements: the flight is direct and suitable to the working plan, and the total amount of airfare (inclusive of taxes and surcharge), expenses for travel to/from and waiting at the airport is the lowest.

- Heads of agencies and units that sign contracts with service providers shall ensure thrift and efficiency and take responsibility for their decisions. In case of changing overseas flight routes due to business needs, group leaders shall decide on the purchase of flight tickets.

b/ For groups on domestic working trips

Heads of agencies and units that sign contracts with service providers shall ensure thrift and efficiency and take responsibility for their decisions.

The purchase of flight tickets for domestic and international working groups is not subject to the formulation, appraisal and approval of contractor selection plans.

4. Bidding packages specified in Clause 16, Article 3 of this Decision shall be implemented according to the following procedures:

a/ The project owner of a film production project shall formulate and submit to a competent agency for appraisal and approval contents of a theme plan and film production cooperation theme groups every plan year;

b/ The project owner of a film production project shall send notices to film production establishments (below referred to as film production contractors) on the approved theme plan and film production cooperation theme groups and publicize information in accordance with the Bidding Law;

c/ Script appraisal council (established by the project owner of a film production project in accordance with regulations) shall review and select the best-quality script in terms of content and art and in conformity to the approved theme plan and groups sent by film production contractors;

d/ Based on the “script assessment” results, the project owner of a film production project shall decide or submit to a competent authority for decision to include the selected script in a film production plan and notify the film production contractor whose script is selected in order to make a film production plan and dossier under current regulations;

dd/ The council for film production project selection (established by the project owner of a film production project under regulations) shall make overall appraisal and assessment of the film production plan sent by the film production contractor, and make a report on results of the contractor selection assessment and appraisal in order to provide consultancy to the project owner;

e/ Based on a report on results of the contractor selection assessment and appraisal of the council for film production project selection, a project owner shall approve results of the film production contractor selection, approve or submit to a competent authority for approval the maximum price that the State may accept for film production cooperation. Based on results of film production contractor selection, the project owner shall sign a contract on implementation of the film production project under current regulations;

g/ Once the film production process is finished, the project owner of a film production project shall test for acceptance the product, check and issue a decision or submit to a competent authority for decision the approval of the finalization of film production project expenses (including those for film production, advertising and distribution) and carry out the contract liquidation under current regulations.

5. Bidding packages specified in Clause 17, Article 3 of this Decision shall be implemented according to the following procedures:

a/ An agency in charge of settling a lawsuit shall formulate criteria and terms for job assignment and a mechanism for controlling law-practicing organizations and lawyers, draw up a list of at least 3 reputable and experienced law-practicing organizations and lawyers to be hired, giving priority to those that have participated in the litigation for and won several international lawsuits;

b/ An agency in charge of settling a lawsuit shall organize the negotiation for a legal service contract with the best law-practicing organization or lawyer based on job assignment terms and conditions as well as the mechanism for controlling law-practicing organizations and lawyers in lawsuits;

c/ An agency in charge of settling a lawsuit shall approve results of the law-practicing organization or lawyer selection;

d/ An agency in charge of settling a lawsuit shall finalize and sign a legal service contract with a law-practicing organization or lawyer.

6. Bidding packages specified in Clause 18, Article 3 of this Decision shall be implemented according to the following procedures:

Heads of agencies and units shall directly sign contracts with service providers for implementation (without having to make, appraise and approve contractor selection plans).

7. Bidding packages specified in Clause 19, Article 3 of this Decision shall be implemented according to the following procedures:

Heads of agencies and units deciding on the procurement shall ensure thrift and efficiency and take responsibility for their own decisions; and are not required to sign contracts with suppliers but shall ensure sufficient invoices and documents in accordance with law (without having to make, appraise and approve contractor selection plans).

8. Bidding packages specified in Clause 20, Article 3 of this Decision shall be implemented in accordance with the Bidding Law and must satisfy the following requirements:

a/ A contractor selection plan must clearly state the period of contract performance and bidding package price (estimated expenses for the whole contract), value expected to be paid  to the contractor in years (first year, second year, third year, etc.);

b/ A competent person shall approve a contractor selection plan and take responsibility for allocating sufficient funds for annual contract payment;

c/ A bidding dossier or dossier of requirements must clearly state the period of contract performance and conditions for making payment to the contractor (annual payment after annual expenditure estimates are approved by a competent authority).

In case the selection of a contractor to provide one of the above services has been carried out in the form of open bidding or restricted bidding, at the end of the period of contract performance, a bid solicitor may negotiate to extend the service provision contract, while ansuring provided transparency and economic efficiency. The period of contract performance (including the period for implementation of former bidding packages and extension, if any) must not exceed 5 years.

Article 5.Effect and implementation responsibility

1. This Decision takes effect on May 22, 2019.

2. Persons deciding on the procurement shall take responsibility for transparency of the procurement; and approve expense estimates and bidding package prices in accordance with law and spending norms, ensuring thrift and avoiding losses and waste, with a view to achieving economic efficiency, and shall examine and supervise bidding activities under their management.

3. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, heads of other central agencies, chairpersons of provincial-level People’s Committees and heads of related agencies and units shall implement this Decision.-

Prime Minister
NGUYEN XUAN PHUC