Thông tư 35/2016/TT-BTC

CIRCULAR

GUIDANCE ON CONCENTRATED PROCUREMENT OF GOVERNMENT PROPERTY

Pursuant to the Law on the management and use of State-owned property dated June 30, 2008;

Pursuant to the Law on State budget dated December 16, 2002;

Pursuant to the Law on Bidding dated November 26, 2013;

Pursuant to the Government’s Decree No.52/2009/NĐ-CP detailing and guiding a number of articles of the Law on management and use of State-owned property dated June 03, 2009;

Pursuant to the Government’s Decree No.63/2014/NĐ-CP detailing and guiding a number of articles of the Law on bidding in respected of contractor selection dated June 26, 2014;

Pursuant to the Government's Decree No. 215/2013/NĐ-CP dated December 23, 2013 defining the functions, tasks, entitlements and organizational structure of the Ministry of Finance;

Pursuant to the Prime Minister’s Decision No. 08/2016/QĐ-TTg on concentrated procurement of the Government property dated February, 2016;

At requests of the Director of the Agency for Public Asset Management, the Ministry of Finance hereby issues this Circular providing guidance on concentrated procurement of the Government property.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

1. This Circular provides guidance on the concentrated procurement of the Government property (hereinafter referred to as “concentrated procurement”), including:

a) Concentrated procurement processes. The process of concentrated procurement of medicines shall follow the guidance of the Ministry of Health;

b) Management of concentrated procurement budget;

c) Other relevant regulations;

2. The procurement of the following goods and services shall not be governed by this Circular:

a) Specialized and special purpose goods or services for Vietnam’s People's Armed Forces; overseas representative offices of the Socialist Republic of Vietnam and other overseas agencies of Vietnam;

b) Any goods and service purchased with grants or financial aid from foreign-invested projects or programs whose investors have different procurement requirements from that in this Circular.

Article 2. Regulated entities

1. Purchasing agencies include:

The national purchasing agency;

b) Purchasing agencies of Ministries, Ministerial-level agencies, Governmental agencies, central agencies of political organizations, socio-political organizations, socio-political and professional organizations, social organizations, socio-professional organizations and other central authorities (hereinafter referred to as “ central authorities”), and provicial government.

2. State agencies, public service providers, People's Armed Forces, political organizations, socio-political organizations, socio-political-professional organizations, social organizations, socio-professional organizations , project management boards (hereinafter referred to as “entity”) of Ministries, central authorities and provinces directly using goods or services on concentrated procurement lists (hereinafter referred to as “user”).

3. Entities other than those specified in clause 2 of this Article purchasing goods or services with funding other than those stipulated in Article 4 of this Circular should apply provisions hereof.

Article 3. Requirements for concentrated procurement

The concentrated procurement shall:

1. Conform to standards, quotation, regulation and concentrated procurement lists released and published by State competent authorities.

2. Do not exceed the budget; ensure the openness, transparency, effectiveness and economy.

3. Ensure the uniformity and conformity with administrative reforms, public finance reforms and the reality.

4. Be carried out by the purchasing agencies.

5. Obey the law on bidding.

Article 4. Funding for concentrated procurement

1. Funding provided by State competent authorities as estimated in annual budget estimates by authorities, organizations and units.

2. Funding from sovereign bonds, government bonds and municipal bonds.

3. Funding from ODA projects or programs; or financial aid from both domestic and overseas organizations, or individuals whose procurement requirement is the same as that stipulated in this Circular.

4. Funding from operating budgets of public services providers that raise part of their budget themselves and those whose operating budget totally funded by the State, or from Off-Budget Financial Funds.

5. Funding from medical insurance funds, proceedings from medical examination and treatment, and other legal proceedings of public medical facilities.

Article 5. Methods of concentrated procurement

The concentrated procurement may be conducted under one of the following forms:

1. Concentrated procurement under framework agreements: The purchasing agency shall aggregate procurement lists and select contractors under regulations of laws on bidding or hire a professional bidding organizer to select contractors, and enter into a framework agreement with the selected contractor. Every agency, organization or unit shall directly sign the procurement contract with the selected contractor and directly make payment to the selected contractor ( unless where the State competent authority authorizes the purchasing agency to settle payment), receive asset and their documents and fulfill the contract obligations, and comply with warranty and maintenance requirements by the selected contractor.

2. Concentrated procurement under contracts: The purchasing agency shall compile the procurement lists and select contractors under regulations of laws on bidding or hire a professional bidding organizer to select contractors, and directly sign contracts with the selected contractor and make payment to selected contractor.. Every agency, organization or unit directly using the goods and services shall take delivery of such asset, documents and comply with the warranty and maintenance manuals of the selected contractor.

Chapter II

CONCENTRATED PROCUREMENT PROCESS

Section I: CONCENTRATED PROCUREMENT PROCESS UNDER FRAMEWORK AGREEMENTS

Article 6. Concentrated procurement processes under framework agreements

1. Estimate and approve procurement estimates.

2. Compile procurement lists

3. Compile, assess and approve contractor selection plans.

4. Make preparations for contractor selection.

5. Select contractors

6. Assess bid envelopes and negotiate framework agreements.

7. Assess, approve and publish the contractor selection result.

8. Sign the framework agreement on concentrated procurement.

9. Sign procurement contracts.

10. Make payment, transfer, take delivery of goods and services and finalize the procurement contract.

11. Provide warranty and maintenance.

Article 7. Making and approving concentrated procurement

1. According to the standards, quotations and regulations on management and use of goods and services stipulated by the State competent authority and the reality, every user shall submit a procurement plan which specifies the quantities, catergories and cost estimates for the procurement of goods and services on the procurement list to the competent authority under regulations of laws on the State budget;

2. The competent authority shall provide funding for eligible organizations or units in accordance with regulations of laws on the State budget.

Article 8. Concentrated procurement demand aggregation

1. According to the procurement estimates provided by the competent authority, every relevant entity shall submit their procurement list to their superior authority (hereinafter referred to as “ focal registry”). The focal purchasing agency shall submit such lists to Ministries, Central authorities and provinces by January 31 of every year.

The procurement list includes:

Name of user;

b) Catergories and quantities of goods/services to be procured;

c) Cost estimates, sources of finance and methods of payment;

d) Estimated date and place of transfer and receipt of goods/services and other proposals (if any).

2. Purchasing agencies of Ministries, central authorities and provincial government shall:

a) Compile procurement lists using the form No.01a/TH/MSTT enclosed herewith to make contractor selection plans and bid-envelopes for goods and services on the procurement list.

b) Submit the aggregate procurement list using the form No.01b/TH/MSTT enclosed herewith to Ministries, central authorities, People’s Committees of provinces; or to the Ministry of Finance (for national procurement lists) by February 28 of every year.

3. The national purchasing agency shall compile national procurement lists using the Form 02/TH/MSTT enclosed herewith to prepare contractor selection plans and invitation to bid.

4. Any organization/agency/unit and Ministry, central authority and People’s Committee of provinces fails to submit their procurement lists by the set forth deadline shall be considered no demand.

Article 9. Development and assessment of contractor selection plans

1. The purchasing agency shall prepare a contractor selection plan under laws on bidding. The contractor selection plan shall be assessed under laws on bidding.

2. The competence to approve the contractor selection plan shall be as follows:

a) The Minister of Finance has the competence to approve contractor selection plans for national concentrated procurement;

b) Ministers and heads of central authorities have the competence to approve contractor selection plans for concentrated procurement by Ministries and central authorities;

c) Presidents of the People’s Committees of provinces have the competence to approve contractor selection plans for concentrated procurement by their provinces.

3. The concentrated procurement may be divided into various contracts according to goods specifications, procurement process to ensure the uniformity , reasonable contract scale, warranties and after-sale services provided by the contractor. Illegal contracts shall not be allowed.

Article 10. Preparation for contractor selection, bid assessment, contract negotiation, verification and announcement of contractor selection results

1. The preparation for contractor selection, bid assessment, contract negotiation, verification and announcement of contractor selection results shall be carried out in accordance with regulations of laws on bidding.

2. The purchasing agency shall carry out the contractor selection procedure under laws on bidding. In case of lack of capacity, the purchasing agency is allowed to hire a professional bidding organizer to carry out the contractor selection process under Article 26 hereof.

3. Every purchasing agency or professional bidding organizer shall publish their concentrated procurement information on the Vietnam’s national bid network, Vietnam Public Procurement Review Journal, the Ministry of Finance ‘s website on public assets (for all types of procurement contracts for concentrated procurement) and websites of Ministries, central authorities and provincial government ( for procurement contracts of Ministries, central authorities and provincial government).

Article 11. Conclusion of framework agreements on concentrated procurement

1. The framework agreement is signed between a purchasing agency and selected contractor.

2. Every framework agreement shall be made using the form 03/TTK/MSTT enclosed herewith.

3. Every purchasing agency shall:

a) Publish lists of selected contractors, framework agreements signed between contractors and purchasing agencies, goods catalogues ( which specify the name, specification, unit price, color and origin of goods and services); procurement contract samples for each respective goods on the Ministry of Finance’s website of public assets (for all types of concentrated procurement contracts) and websites of Ministries, central authorities and provincial government ( for procurement contracts of Ministries, central authorities and provincial government)

b) Send written notices to Entities submitted their procurement lists to the purchasing agency directly . To be specific:

- The national purchasing agency shall send written notices to Ministries, central authorities and provincial government;

- Purchasing agencies of Ministries, central authorities and provincial government shall submit written notices to the focal registry.

4. According to the written notice, the Ministry, central authority , provincial government and focal registries shall notice the users.

Article 12. Procurement contract conclusion

1. Every user shall enter into a procurement contract with the contractor who signs the framework agreement with the purchasing agency. In case that the selling price of any goods or service announced at the time of contract conclusion is lower than that in the winning bid price , the user shall negotiate with the contractor to ensure that the purchase price is not exceeding the selling price in the contract.

2. Every procurement contract shall be made using the form 04a/HĐMS/MSTT enclosed herewith.

3. Every user shall submit one copy of procurement contract to the purchasing agency or input the procurement contract into the national asset database according to the guidance of the Ministry of Finance.

Article 13. Payment

1. Every user shall directly pay the contractor for their goods or services.

2. The payment shall be made in accordance with regulations of laws, the framework agreement and procurement contract signed with the contractor.

3. The State Treasury shall control the State budget spending on concentrated procurement under regulations of laws.

Article 14. Transfer of goods and services

1. The transfer of goods and services by the contractor and user shall be made in accordance with the procurement contract.

2. The transfer of goods and services shall be recorded using the form No.05a/BBGN/MSTT enclosed herewith enclosed with the following documents:

a) The original procurement contract;

b) Original invoices

c) Original warranties;

d) Original deliverables and manuals;

dd) Other relevant documents (if any).

3. Every users shall take delivery of goods or services, open logbooks, manage and use goods and services under regulations of laws on accounting and management and use of State-owned property.

Article 15. Finalization of procurement contracts

1. Every user shall:

a) Close out procurement contracts signed with contractors;

b) Settle payment;

2. Contract Finalization shall be made in accordance with regulations of laws, and the procurement contract signed with the contractor.

Article 16. Warranty and maintenance

1. Every contractor shall provide warranty and maintenance of their provided goods .

2. The obligations to provide warranty, the warranty period, incurring expenses for warranty and responsibilities of all parties (the user, purchasing agency and contractor) shall be specified in the invitation to bid , framework agreement and procurement contract.

Section II: CONCENTRATED PROCUREMENT PROCESS UNDER CONTRACTS

Article 17: Concentrated procurement process under contracts

1. Compile procurement lists

2. Compile, assess and approve contractor selection plans.

3. Make preparations for contractor selection.

4. Select contractors

5. Assess bid envelopes and negotiate contracts.

6. Assess, approve and publish the contractor selection result.

7. Sign procurement contracts.

8. Make payment, transfer, take delivery of goods and services and close out the procurement contract.

9. Provide warranty and maintenance.

Article 18. Concentrated procurement demand aggregation

Every user needing goods and services for foreign-invested projects or programs whose investor requires to apply contracts shall submit their procurement lists to the superior authorities. The superior authority shall compile and submit such procurement lists to the purchasing authority under Article 8 hereof.

Article 19. Development and assessment of contractor selection plans

Contractor selection plans shall be made and approved under Article 9 hereof.

Article 20. Preparation for contractor selection, bid assessment, contract negotiation, verification and announcement of contractor selection results

The preparation for contractor selection, bid assessment, contract negotiation, verification and announcement of contractor selection results shall be carried out in accordance with Article 10 hereof.

Article 21. Procurement contract conclusion

1. According to the contractor selection result, the purchasing agency shall negotiate and conclude a procurement contract with the selected contractor.

2. The procurement contract shall be made using the form 04a/HĐMS/MSTT enclosed herewith.

Article 22. Payment

1. The payment shall be made through one of the following methods:

a) The purchasing agency shall request the project/program management organization to make payment to the contractor by transferring;

b) The purchasing agency shall request the project/program management authority to transfer money to the purchasing agency; and the purchasing agency shall make payment to the contractor;

2. The payment shall be made in accordance with regulations of laws and procurement contract signed with the contractor.

3. The State Treasury shall control the State budget spending on concentrated procurement under regulations of laws.

Article 23. Transfer of goods and services

1. According to the procurement contract, the purchasing agency shall notice the user of the plan and date of transfer within 15 days prior to the actual date of transfer.

2. The transfer shall be made between three parties (the contractor, purchasing agency and user). The location of transfer shall be favorable for users to take delivery and save budget of goods/services transfer.

3. The transfer of goods and services shall be recorded using the form No.05b/BBGN/MSTT enclosed herewith enclosed with the following documents:

a) The original procurement contract;

b) Originals or copies of invoices;

c) Original warranties;

d) Original deliverables and manuals;

dd) Other relevant documents (if any).

4. Every users shall take delivery, do accounting, manage and use goods and services under regulations of laws on accounting and management and use of State-owned property. The purchasing agency shall open a logbook to keep track of goods or service transferred to users.

Article 24. Finalization of procurement contracts

1. Procurement contract finalization:

a) Every purchasing agency shall be responsible for the finalization of procurement contracts;

b) The procurement contract shall be closed out in accordance with regulations of laws, and procurement contract signed with the contractor.

2. Payment settlement:

a) Project/program management organization shall settle all payment in case of point a, clause 1, Article 22 hereof.

b) The purchasing agency shall settle all payment in case of point b, clause 1, Article 22 hereof.

Article 25. Warranty and maintenance

1. Every contractor shall provide warranty and maintenance of their goods or services sold .

2. The obligations to provide warranty, the warranty period, incurring expenses for warranty and responsibilities of all parties (the user, purchasing agency and contractor) shall be specified in the invitation to bid and procurement contract.

Section 3: SELECTION OF PROFESSIONAL BIDDING ORGANIZERS

Article 26: Selection of professional bidding organizers

In case of lack of capacity, the purchasing agency may hire a professional bidding organizer to carry out the contractor selection process. The selection process shall be carried out in accordance with regulations of laws on bidding.

Article 27: Contracts for employment of professional bidding organizers

1. The contract for employment of professional bidding organizers (hereinafter referred to as “ employment contract” shall be concluded by the purchasing agency and professional bidding organizer.

2. The employment contract shall be made in writing including the following clauses:

a) The purchasing agency information;

b) The professional bidding organizer information;

c) Categories and quantities of goods and services and requirements for goods and services;

d) Cost estimates;

dd) Contractor selection methods;

e) Date of completion of contractor selection;

g) Costs of contractor selection under regulations of laws;

h) Rights and obligations of both parties;

i) Penalties;

k) Other clauses mutually agreed by both parties under regulations of laws.

3. The selection of professional bidding organizers shall be terminated in accordance with the civil code.

Chapter III

MANAGEMENT OF CONCENTRATED PROCUREMENT BUDGETS

Article 28. Proceedings from concentrated procurement

1. For professional purchasing agencies:

a) Proceedings from selling invitations to bid under regulations of laws on bidding;

b) Proceedings from handling of complaints under laws on bidding;

c) Proceedings from bid bonds and contract performance guarantees in case the contractor is not eligible for receiving such amount of bid bond or contract performance guarantee back under laws on bidding;

d) Proceedings from service charges in case the contractor provides contractor selection services for another purchasing agency;

dd) Other proceedings under regulations of laws;

2. The part-time purchasing agency shall be entitled to receive above mentioned proceedings specified in clause 1 of this clause other than those point Article, clause 1 of this clause.

Article 29. Expenses incurring from concentrated procurement

1. Elements of expenses:

a) Costs of contractor selection under clause 1, Article 13 of the Law on Bidding dated 2013, Article 9 of the Decree No.63/2014/NĐ-CP detailing a number of articles of the Law on Bidding dated June 26, 2014 and relevant laws;

b) Costs of hiring professional bidding organizers and consultants (if any) for contractor selection;

c) Costs of transfer of goods and services;

d) Proceedings for handling contractors’ complaints (if any);

dd) Costs for other activities directly related to the concentrated procurement;

e) Others relevant expenses under regulations of laws.

2. The amount of expenses in clause 1 of this Article shall conform to standards, quotations and regulations published by the State competent authority; in case of absence of such standards, quotations and regulations, the head of the purchasing agency shall made an estimation according to the current financial management regulations and shall be responsible for their own decisions.

Article 30. Management and spending of proceedings

1. Proceedings from the concentrated procurement shall be managed and spent by purchasing agencies as follows:

a) For contracts by mission assigned by the State competent authorities: In the event that the proceedings is less than the spending, the difference shall be offset with the purchasing agency’s budget . In case the proceedings exceed the spending, the difference shall be added to the purchasing agency’s operation budget under regulations of laws;

b) For subcontracts of employment contracts, the purchasing agency shall manage and spend their proceedings under regulations of laws.

2. Proceedings from the concentrated procurement shall be managed and spent by part-time purchasing agencies as follows: In the event that the proceedings are less than the spending, the difference shall be offset with the purchasing agency’s budget . In case the proceedings exceed the spending, the difference shall be submitted to the State budget under the Law on the State budget;

Chapter IV

CONCENTRATED PROCUREMENT PUBLISHING AND REPORTING

Article 31. Concentrated procurement publishing

Every purchasing agency shall publish the concentrated procurement information including:

1. Procurement lists:

a) Contents: Quantities and categories of goods and services, cost estimates and sources of finance.

b) Publish date: within 30 days from the date of aggregation of procurement lists.

2. Contractor selection plans: Contents and publish date under the Law on bidding.

3. After concentrated procurement:

a) Contents: Quantities and categories of goods and services, cost estimates and sources of finance; methods of purchasing; contractors; commissions, discounts and promotion (if any).

b) Publish date: under the Law on Bidding

4. Methods of publishing: Besides methods of publishing specified in clauses 1, 2 and 3 of this Article, the concentrated procurement information shall be published on the websites of Ministries, central authorities, local governments and website of public assets.

Article 32. Concentrated procurement reporting

1. Every purchasing agency shall submit an annual report on concentrated procurement of the previous year under clauses 3 and 4 of Article and irregular reports at requests of State competent authorities.

2. The report on concentrated procurement is a part of the report on management and use of State-owned property. The Ministry of Finance shall send Ministries, central authorities, People’s Committees of provinces, organizations, agencies and units a guidance on a numbers of contents of concentrated procurement reports (where necessary) by December 31 of every year.

3. Report contents:

a) Procurement lists;

b) Obtained goods and services;

c) The total amount saving from concentrated procurement (the total estimated amount – actual expenses)0}

d) Handling of violations against concentrated procurement.

4. The process and time limits for submission of annual reports shall be as follows:

a) The national purchasing agency shall submit the annual report to the Ministry of Finance and Ministry of Health by January 31 of every year;

b) Every purchasing agency of Ministries, central authorities and provincial government shall submit their annual report to such Ministries, central authorities and People’s Committee of provinces by February 28 of every year;

c) Every Ministry, central authority and People’s Committee of provinces shall submit the Ministry of Finance by March 15 of every year;

d) The Ministry of Finance shall submit the annual aggregate report on concentrated procurement and report on management and use of State-owned property by March 31 of every year under the Law on Management and Use of State-Owned Property;

dd) The Government shall submit the annual report on management and use of State-owned property by April 30.

Chapter V

IMPLEMENTATION

Article 33. Entry into force

1. This Circular enters into force from April 10, 2016 and replaces the Circular No.22/2008/TT-BTC dated March 10, 2008 guiding the implementation of a number of articles of regulations on concentrated procurement of goods and asset with the State budget issued together with the Decree No.179/2007/QĐ-TTg dated November 26, 2007 by the Prime Minister.

2. Concentrated procurement in 2016 shall be stipulated as follows:

a) Every contract whose contractor selection plan is approved by the competent authority by April 10, 2016 (for vehicles on the national procurement lists) and by June 30, 2016 (for asset on the procurement lists of Ministries, central authorities and provincial government) shall follow current regulations of laws.

b) Vehicles on the national procurement lists other than those in point a of this clause shall be purchased as follows:

- According to the procurement estimates provided by the competent authority, every relevant entity shall submit a list of national concentrated procurement list to focal purchasing agency. The focal purchasing agency shall submit such lists to Ministries, Central authorities and provincial government by April 20, 2016.

- The purchasing agency or other units (in case of absence of the purchasing agency) of the Ministry, central authority or provincial government shall submit procurement lists using the form 01b/TH/MSTT enclosed herewith to the respective Ministry, central authority or the People’s Committee of the province. The Ministry, central authority or the People’s Committee of the province shall submit the national procurement list of vehicles to the Ministry of Finance by May 30, 2016

- The national purchasing agency of the Ministry of Finance shall purchase vehicles on national procurement lists under provisions hereof.

c) For the purchase of goods and services on the procurement List of Ministries , central authorities or provinces other than those in point a of this clause, the Minister or Heads of central authorities, Presidents of the People’s Committees of provinces shall specified deadlines for concentrated procurement registration and submission of procurement lists according to the reality.

3. Any issues arising from the implementation of this Circular shall be promptly reported to the Ministry of Finance./.

Form 01a/TH/MSTT

(Issued together with the Circular No.35/2016/TT-BTC dated February, 2016 by the Ministry of Finance )

CONCENTRATED PROCUREMENT LIST OF [NAME OF MINISTRY/LOCAL GOVERNMENT]

Year:............

Notes:

- (2), (3), (4), (5), (6) and (7)  must be filled.

- (5): Specify according to the estimate approved by the competent authority.

- (6): Specify sources of finances under Article 4 of the Circular 35/2016/TT-BTC dated February 26, 2016 by the Ministry of Finance.

- (7): Specify methods of payment ( lump-sum or installment, by cash or transfer).

- (8): Propose time and location for  transfer of goods/services

- (9): Provide information for reference such as color, capacity, origin, etc.

Form 01b/TH/MSTT

(Issued together with the Circular No.35/2016/TT-BTC dated February, 2016 by the Ministry of Finance )

NATIONAL CONCENTRATED PROCUREMENT LIST

Year:............

To: The Ministry of Finance  

Notes:

- (2), (3), (4), (5), (6) and (7)  must be filled.

- (2): Specify the title of persons required vehicles such as the Minister, Deputy Minister, President of People’s Committee of provinces, etc.

- (4): Specify number of seats (4 or 5 seats, etc.); jot down if it is four-wheel drive vehicle.

- (5): Specify according to the estimate approved by the competent authority.

- (6): Specify sources of finance under Article 4 of the Circular 35/2016/TT-BTC dated February 26, 2016 by the Ministry of Finance.

- (7): Specify methods of payment ( lump-sum or installment, by cash or transfer).

- (8): Propose time and location for  transfer of goods/services

- (9): Provide information for reference such as color, capacity, origin, etc.

Form 02/TH/MSTT

(Issued together with the Circular No.35/2016/TT-BTC dated February, 2016 by the Ministry of Finance )

NATIONAL CONCENTRATED PROCUREMENT LIST

Year:............ ...........

Form 03a/TH/MSTT

(Issued together with the Circular No.35/2016/TT-BTC dated February, 2016 by the Ministry of Finance )

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
------------------

FRAMEWORK AGREEMENT ON CONCENTRATED PROCUREMENT

No. ..................

Pursuant to the Law on Bidding dated November 26, 2013;

Pursuant to the Government’s Decree No.63/2014/NĐ-CP detailing and guiding a  number of articles of the Law on bidding in respected of contractor selection dated June 26, 2014;

Pursuant to the Prime Minister’s Decision No.08/2016/QĐ-TTg on  national concentrated procurement  dated February, 2016;

Pursuant to Circular No. 35/2016/TT-BTC dated February 26, 2016 of the Ministry of Finance providing guidance on concentrated procurement of government property;

According to the invitation to bid, bid envelope, contractor selection plan and contractor selection result ….

This agreement is made as of………….at………….. between:

I. The purchasing agency:

[Name of the Purchasing Agency]: ....................................................................................

Establishment Decision:.....................................................................................................

TIN:....................................................................................................................................

Representative:.................................................................Title:..........................................

And

II. The contractor

[Name of the contractor]: ...................................................................................................

Business Registration Certificate:......................................................................................

Establishment Decision:.....................................................................................................

TIN:....................................................................................................................................

Representative:.................................................................Title:..........................................

We hereby mutually agree to  sign the framework agreement on concentrated procurement (hereinafter referred to as “framework agreement”) as follows:

Article 1. Scope

1. Name of goods/services (specify name, specifications and origins)

2. Procurement lists.

3. Lists of organizations/agencies/units directly using goods and services (hereinafter referred to as “user”).

Article 2. Selling prices

Specify the selling price of every types of assets in Article 1 hereof.

Article 3. Finalization of framework agreement

1. Settlement

2. Finalization.

Article 4. Date and location for  transfer of goods/services (expected)

1. Date of transfer.

2. Location of transfer.

Article 5. Warranty, maintenance and manuals

1. Conditions for warranty and maintenance.

2. Provision of manuals or training.

Article 6. Rights and obligations of parties

1. Rights and obligations of the contractor.

2. Rights and obligations of the parties directly signing the procurement contract.

3. Rights and obligations of the purchasing agency.

Article 7. Effective period  

Article 8. Penalties

Article 9. Relevant clauses

This framework agreement is made in……copies having equal legal force, two copies for each party (the purchasing agency and contractor). Each relevant Ministry, central authority and provincial government shall keep one copy in case of national procurement. The focal registry shall keep one copy in case of concentrated procurement by Ministries, central authorities or province.

This framework agreement lays the foundation for the user entering into procurement contracts with the contractor./.

Form 04a/HĐMS/MSTT

(Issued together with the Circular No.35/2016/TT-BTC dated February, 2016 by the Ministry of Finance )

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
------------------

PROCUREMENT CONTRACT

No. ..................

(For procurement under framework agreements)

Pursuant to the Law on Bidding dated November 26, 2013;

Pursuant to the Government’s Decree No.63/2014/NĐ-CP detailing and guiding a  number of articles of the Law on bidding in respected of contractor selection dated June 26, 2014;

Pursuant to the Prime Minister’s Decision No.08/2016/QĐ-TTg on  national concentrated procurement dated February, 2016;

Pursuant to Circular No. 35/2016/TT-BTC dated February 26, 2016 of the Ministry of Finance providing guidance on concentrated procurement of government property;

Pursuant to the framework agreement No……. made as of……….[date] between……….[name of the purchasing agency] and………….[name of seller];

This agreement is made as of………….at………….. between

The seller:

[Name of the seller]:............................................................................................................

Business Registration Certificate:.......................................................................................

Establishment Decision:......................................................................................................

TIN:........................................................................................................

Representative:………………………………….Title………………………………………..

And

II. Organization/agency/unit directly using assets (hereinafter referred to as “buyer”):

[Name of the buyer]:............................................................................................................

Establishment Decision:......................................................................................................

TIN:........................................................................................................

Representative:………………………………….Title………………………………………..

Both parties hereby agree to enter into the procurement contract as follows:

Article 1. Categories and quantities

1. Categories.

2. Quantities .

Article 2. Selling prices

Specify the selling price of every types of assets in Article 1 hereof.

Article 3.b Methods of payment and time limits for payment

1. Methods of payment

2. Time limits for payment

Article 4. Date and location of  transfer of goods/services (expected)

1. Date of transfer.

2. Location of transfer.

Article 5. Rights and obligations of parties

1. Rights and obligations of the seller

a) Rights and obligations to  provide warranty and maintenance

b) Rights and obligations to provide training and instruction on the use of assets (if any).

c) Other rights and obligations.

2. Rights and obligations of the buyer.

Article 6. Penalties

This contract is made in……..copy having equal legal force. Each party shall keep 02 copies and submit 01 copy to the purchasing agency.

Form 04b/HĐMS/MSTT

(Issued together with the Circular No.35/2016/TT-BTC dated February, 2016 by the Ministry of Finance )

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
------------------

PROCUREMENT CONTRACT

No. ..................

(For concentrated procurement under contracts)

Pursuant to the Law on Bidding dated November 26, 2013;

Pursuant to the Government’s Decree No.63/2014/NĐ-CP detailing and guiding a  number of articles of the Law on bidding in respected of contractor selection dated June 26, 2014;

Pursuant to the Prime Minister’s Decision No.08/2016/QĐ-TTg on  national concentrated procurement dated February, 2016;

Pursuant to the Prime Minister’s Decision No.08/2016/QĐ-TTg guiding the national concentrated procurement dated February, 2016;

According to the invitation to bid, bid envelopes, contractor selection plan and contractor selection result ….

This agreement is made as of………….at………….. between:

The seller:

[Name of the seller]:..............................................................................................................

Business Registration Certificate:.........................................................................................

Establishment Decision:.......................................................................................................

TIN:........................................................................................................ .

Representative:.................................................................Title:............................................

And

II. The purchasing agency (hereinafter referred to as “buyer”):

[Name of the buyer]:.............................................................................................................

Establishment Decision:........................................................................................................

TIN:........................................................................................................

Representative:.................................................................Title:............................................

Both parties hereby agree to enter into the procurement contract as follows:

Article 1. Categories and quantities

1. Categories.

2. Quantities.

Article 2. Selling prices

Specify the selling price of every category of assets in Article 1 hereof.

Article 3. Methods of payment and time limits for payment

1. Methods of payment

2. Time limits for payment

Article 4. Date and location of  transfer of goods/services (expected)

1. Date of transfer.

2. Location of transfer.

Article 5. Rights and obligations of parties

1. Rights and obligations of the seller

a) Rights and obligations to  provide warranty and maintenance

b) Rights and obligations to provide training and instruction on the use of assets (if any).

c) Other rights and obligations.

2. Rights and obligations of the purchasing agency.

3. Rights and obligations of the organization/agent/unit directly using assets (user).

Article 6. Penalties

This contract is made ……..copy with equal valid. Each party shall keep 02 copies and submit 01 copy to the user.

Form 05a/BBGN/MSTT

(Issued together with the Circular No.35/2016/TT-BTC dated February, 2016 by the Ministry of Finance )

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
------------------

RECORD OF  ACCEPTANCE/TRANSFER/RECEIPT OF GOODS/SERVICES

(For procurement under framework agreements)

Pursuant to Circular No. 35/2016/TT-BTC dated February 26, 2016 of the Ministry of Finance providing guidance on concentrated procurement of government property;

Pursuant to the framework agreement No……. made as of……….[date] between……….[name of the purchasing agency] and………….[name of contractor];

Pursuant to the procurement contract No……….made as of…………..[date] between……………[name of organization/agency/unit directly using assets] and…………[name of contractor].

This agreement is made as of………….at………….. between:

I. Contractor’s representatives:

1. Mr(s).……………..Title……………….

2. Mr(s).……………..Title……………….

And
II. Representatives of the organization/agency/unit directly using goods and/or services (hereinafter referred to as “ user’s representative””):

1. Mr(s).……………..Title……………….

2. Mr(s).……………..Title……………….

We hereby mutually agree to approve and transfer goods and/or services as follows:

1/ Transferred goods and/or services:

2/ Documents on transferred goods and/or services:

3/ Proposals of parties (if any):

3.1. Contractor’s proposals

3.2. User’s proposals:

Form 05b/BBGN/MSTT

(Issued together with the Circular No.35/2016/TT-BTC dated February, 2016 by the Ministry of Finance )

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
------------------

RECORD OF  ACCEPTANCE/TRANSFER/ RECEIPT OF GOODS AND/OER SERVICES

(For concentrated procurement under contracts)

Pursuant to Circular No. 35/2016/TT-BTC dated February 26, 2016 of the Ministry of Finance providing guidance on concentrated procurement of government property;

Pursuant to the procurement contract No……. made as of……….[date] between……….[name of the purchasing agency] and………….[name of contractor];

This agreement is made as of………….at………….. between:

I. The contractor’s representatives:

1. Mr(s).:……………..Title……………….

2. Mr(s).:……………..Title……………….

And

II. Representatives of purchasing agency  :

1. Mr(s).:……………..Title……………….

2. Mr(s).:……………..Title……………….

And

III. Representatives of organization/agency/unit directly using assets (hereinafter referred to as “user’s representative”):

1. Mr(s).:……………..Title……………….

2. Mr(s).:……………..Title……………….

We hereby mutually agree to approve and transfer goods and/or services as follows:

1/ Transferred assets:

2/ Documents on transferred goods and/or services:

3/ Proposals of parties (if any):

3.1. Contractor’s proposals

3.2. User/purchasing agency’s proposals: