Decree No. 32/2019/ND-CP bidding for provision of public products and services

DECREE

Prescribing the assignment of tasks, placement of orders, or bidding for provision of public products and services covered by state budget funds for regular expenditures^[1]

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

Pursuant to the June 25, 2015 Law on the State Budget;

Pursuant to the November 26, 2013 Bidding Law;

Pursuant to the June 20, 2012 Law on Price;

At the proposal of the Minister of Finance;

The Government promulgates the Decree prescribing the assignment of tasks, placement of orders, or bidding for provision of public products and services covered by state budget funds for regular expenditures.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree prescribes the assignment of tasks, placement of orders, or bidding for provision of public products and services covered by state budget funds for regular expenditures.

Article 2. Subjects of application

1. Ministries, ministerial-level agencies and government-attached agencies (below referred to as ministries and central agencies), People’s Committees of provinces and centrally run cities (below referred to as provincial-level People’s Committees), People’s Committees of urban districts, rural districts, towns and provincial cities (below referred to as district-level People’s Committees), and attached management agencies that are authorized to carry out the assignment of tasks, placement of orders, or bidding for provision of public non-business products and services covered by state budget funds for regular expenditures.

2. Public non-business units established by competent state agencies in accordance with law, having the legal person status, and providing public non-business services serving state management work.

3. Enterprises of all economic sectors, organizations, and units (including public non-business units not attached to agencies that are allocated funds for placement of orders or bidding for provision of public products and services), cooperatives having the legal person status, and individuals conducting independent practice and making business registration under law that have the function to provide public products and services meeting the State’s requirements (below collectively referred to as other public non-business service providers; and public-utility product producers and service providers or contractors in case of bidding under the bidding law); and agencies and organizations involved in the organization and provision of public products and services.

4. The Ministry of National Defense, Ministry of Public Security, political organizations, socio-political organizations, and socio-politico-professional organizations may apply this Decree and relevant regulations on assignment of tasks, placement of orders, or bidding for provision of public products and services covered by state budget funds for regular expenditures as assigned by competent authorities.

5. Ministries, central agencies, localities, enterprises, organizations, agencies, and units that provide public non-business services, or public products and services covered by other financial sources (other than state budget funds) are encouraged to apply this Decree.

Article 3. Interpretation of terms

In this Decree, the terms below are construed as follows:

1. Public products and services means products and services essential to the socio-economic life of the country and residential communities or helping maintain national defense and security the provision of which must be organized by the State in the fields of education and training; vocational education; health; culture, sports and tourism; information and communications; science and technology; natural resources and environment; transport; agriculture and rural development; industry and trade; construction, labor, invalids and social affairs; and justice, and other fields under the Government’s regulations. Public products and services include public non-business services and public-utility products and services.