DECISION

ON THE ESTABLISHMENT OF NATIONAL COUNCIL FOR CONSIDERATION AND SELECTION OF BID WINNER FOR SIZABLE INVESTMENT PROJECTS

THE PRIME MINISTER

- Pursuant to the Minister Law on Organization of the Government dated 30 September 1992;
- Pursuant to the Regulation on the Management of capital construction promulgated in attachment to Decree No 385-HDBT dated 7 November, 1990 of the Council of Ministers;
- Pursuant to the Decree of the Government concerning promulgation of Regulations on the Management and making full use of Official Development Assistance source no 20-CP 5 March, 1994;
- Considering proposal of the Minister, Chairman of the State Planning Committee.

DECIDES

Article 1 : To establish the national Council for consideration and Selection of bid winner for sizable investment projects (hereinafter referred to as National Council for Consideration) to work as a Consulting Organization to the Prime Minister and to evaluate the result of the bid toward the projects which make use of capital provided by the State work from VND 100 Billion upward (equivalent to USD 10 million) or projects which have lower value when Prime Minister a particular decision. The projects which make use of capital provided by the State consist of the ones which use of the State budget, loan capital foreign aid capital and State capital of the enterprises. The State Planning Committee shall determine the projects including the ones of the enterprises which receive State capital through the bid and submit to the National Council for bid Consideration.

Article 2. Rights and Liabilities of the National council for bid Consideration

1. Organizing the identification and assessing the result of the bid toward the projects of the Ministries localities or enterprises in order to forward proposal to the Prime Minister for Selection of bid winner. The duration of time for evaluation of the projects shall not exceed fifteen (15) days from of receipt of necessary document concerning the result of the bid.

2. Being delegated the power to request the Councils for bid consideration and selection at ministerial local or enterprise levels, the project recipient to provide necessary documents related to the consideration and being entitled to invite experienced experts in specialized subjects to carry out opponent functions in case of necessity.

Article 3. Composition of the National Council for bid consideration.

President of the Council :

Professor Do Quoc Sam, Minister, Chairman of the State Planning Committee (in case if the Council needs to summon a meeting but the Chairman of the State Planning Committee is absent, he will authorize vice-Chairman of the State Planning Committee to pre side the meeting).

Permanent members of the Council :

Ministers or Deputy - Ministers of : finance, Construction, Technology and Environment Trade, Vice-Chairman of the Office of the Government and Head of Group of Secretaries of the Council. Other members who will be invited depending upon each concrete project;

Head and Specialists of the agencies concise depending upon the nature and characteristics of each concrete project will be invited the President of the Council.

The Council has a group of Secretaries, the agencies which are permanent members of the Council shall appoint their staff to take part in the Secretaries according to the requirement of the Council; the Head of the Group of Secretaries shall be from the State Planning Committee and appointed by the Minister, Chairman of the State Planning Committee.

Article 4. Expenditures for the activities of the National Council for bid consideration shall be calculated in running expenditures of the project according to the regulations of the Ministry of finance.

Article 5 : for investment projects which are not subject to the provisions Stated in Article 1, the Councils for bid Consideration at ministerial, local or enterprise levels shall carry out the duty of considering the bid in order to propose the body which decide the investment to select the bid winner.

Article 6. The Ministers of the Ministers and the bodies at ministerial level, the Heads of the bodies under the Government, the Chairmen of the People's Committee of the Provinces and Cities under Central authority, the Director of the enterprises Stated in Article 1 shall be responsible for the implementation of this Decision. This Decision shall come into full force and effect from the date of its signing.