Thông tư 68/2022/TT-BTC của Bộ Tài chính về việc sửa đổi, bổ sung một số điều của Thông tư 58/2016/TT-BTC ngày 29/3/2016 quy định chi tiết việc sử dụng vốn Nhà nước để mua sắm nhằm duy trì hoạt động thường xuyên của cơ quan Nhà nước, đơn vị thuộc lực lượng vũ trang nhân dân, đơn vị sự nghiệp công lập, tổ chức chính trị, ...

CIRCULAR

AMENDING CIRCULAR NO. 58/2016/TT-BTC DATED MARCH 29, 2016 PRESCRIBING USE OF STATE FUNDING FOR MAKING PURCHASES SERVING REGULAR OPERATIONS OF REGULATORY AUTHORITIES, UNITS AFFILIATED TO PEOPLE'S ARMED FORCES, PUBLIC ADMINISTRATIVE UNITS, POLITICAL ORGANIZATIONS, SOCIO-POLITICAL ORGANIZATIONS, POLITICAL-SOCIAL-PROFESSIONAL ORGANIZATIONS, SOCIAL ORGANIZATIONS, SOCIO-PROFESSIONAL ORGANIZATIONS 

Pursuant to the Law on state budget No. 83/2015/QH13 dated June 25, 2015;

Pursuant to the Law on Bidding No. 43/2013/QH13 dated November 26, 2013;

Pursuant to the Law on Management and Use of Public Property No. 15/2017/QH14 dated June 21, 2017;

Pursuant to the Government’s Decree No. 63/2014/ND-CP dated June 26, 2014 providing guidelines for the Law on Bidding regarding contractor selection;

Pursuant to the Government's Decree No. 151/2017/ND-CP dated December 26, 2017 providing guidelines for implementation of the Law on management and use of public property;

Pursuant to the Government's Decree No. 165/2017/ND-CP dated December 31, 2017 prescribing management and use of property by agencies of the Communist Party of Vietnam;

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At the request of the Director of the Department of Public Expenditure;

The Minister of Finance of Vietnam promulgates a Circular providing amendments to the Circular No. 58/2016/TT-BTC dated March 29, 2016 prescribing use of state funding for making purchases serving regular operations of regulatory authorities, units affiliated to people's armed forces, public administrative units, political organizations, socio-political organizations, political-social-professional organizations, social organizations, socio-professional organizations.

Article 1. Amendments to Circular No. 58/2016/TT-BTC dated March 29, 2016 

1. Article 1 is amended as follows:

“Article 1. Regulated entities   

Regulatory authorities, political organizations, socio-political organizations, political-social-professional organizations, socio-professional organizations, social organizations, other organizations established in accordance with regulations of law on associations and societies, units affiliated to people's armed forces, public administrative units (hereinafter referred to as “agencies/units”) and other organizations and individuals involved in the use of state funding as prescribed in Clause 2 Article 2 of this Circular for purchasing property, goods and services for the purposes of maintaining their regular operations.”  

2. Article 2 is amended as follows:

a) Point d Clause 1 Article 2 is amended as follows:

“d. Purchases of raw materials, fuels, chemicals, in-vitro diagnostic reagents, supplies, consumables, tools and devices for ensuring regular operations;”

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“d) ODA (Official Development Assistance) funding, including ODA loans and ODA grants that are included in state budget-derived funding for recurrent expenditures; grants of foreign non-governmental organizations, and of domestic and foreign entities which are recorded as government revenues (unless otherwise prescribed in international conventions on ODA to which the Socialist Republic of Vietnam is a signatory);

dd) Collected amounts of fees which are deducted or retained in accordance with regulations of law on fees;

g) Funding from the Health Insurance Fund; funding for covering management costs of social insurance, health insurance and unemployment insurance;

h) Other lawful financial sources which can be used in accordance with regulations of law.”

c) Point d Clause 3 Article 2 is amended as follows:

“d) Centralized procurement (including national and ministerial, sectoral or provincial centralized procurements), as prescribed in Clause 3 Article 31 of the Law on management and use of public property, and the Government’s Decree No. 151/2017/ND-CP dated December 26, 2017, shall comply with the Law on bidding, and the Government’s Decree No. 63/2014/ND-CP dated June 26, 2014 (hereinafter referred to as “Decree No. 63/2014/ND-CP”) and relevant guiding documents.”

d) Points dd, e, g, h and i are added to Clause 3 Article 2 as follows:

“dd) Purchase of drugs which shall comply with the Law on Pharmacy No. 105/2016/QH13 dated April 06, 2016 and its guiding documents;

e) Other contents concerning purchase of medical device as prescribed in the Government's Decree No. 98/2021/ND-CP dated November 08, 2021 and other guiding documents of the Ministry of Health of Vietnam;

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h) Purchase of assets serving the performance of science and technology tasks shall comply with the Government’s Decree No. 70/2018/ND-CP dated May 15, 2018;

i) Purchase of assets, goods and services in other fields shall comply with corresponding specialized laws if they are in force.”

e) Clause 4 is added to Article 2 as follows:

“4. Online contractor selection shall comply with the provisions of Chapter VII of the Law on bidding, the Government’s Decree No. 63/2014/ND-CP and relevant guiding documents of the Ministry of Planning and Investment of Vietnam”.

3. Clause 2 Article 3 is amended as follows:

“2. Based on annual state budget expenditure estimates (including additional estimates made in the year), other lawful financial sources of agencies/units and decisions on purchase of assets, goods and services issued by competent authorities as prescribed in Article 5 of this Circular, heads of agencies/units shall adopt appropriate contractor selection methods to serve their purchase of assets, goods and services as prescribed.”

4. Article 5 is amended as follows:

“Article 5. Issuing authority and procedures, and contents of purchase decisions

1. Issuing authority and procedures, and contents of decisions on purchase of public property serving operations of agencies/units shall comply with the provisions of Article 3, Article 37 of the Government’s Decree No. 151/2017/ND-CP dated December 26, 2017, and Article 13 of the Government’s Decree No. 165/2017/ND-CP dated December 31, 2017.

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5. Article 8 is amended as follows:

a) Point a Clause 1 Article 8 is amended as follows:

 “a. If the procurement is subject to the approval of the Chairperson of Provincial People’s Committee, this Chairperson shall direct the provincial Department of Finance or another specialized agency affiliated to the Provincial People’s Committee as prescribed in Clause 2 Article 20 and Clause 1 Article 22 of the Law on organization of provincial governments to play the leading role in appraising the contractor selection plan; with regard to a procurement of medical supplies which is subject to the approval of the Chairperson of Provincial People’s Committee, the Provincial Department of Health shall play the leading role in appraising the contractor selection plan as prescribed in Clause 3 Article 104 of the Decree No. 63/2014/ND-CP.”

b) Clause 3 and Clause 4 are added to Article 8 as follows:

“3. Appraisal of contractor selection plans for procurements which are subject to approval of Chairpersons of district-level People’s Committees shall comply with the provisions of Clause 5 Article 104 of the Decree No. 63/2014/ND-CP.

6. Article 10 is amended as follows:

a) Clause 2 Article 10 is amended as follows:

“2. Decisions on purchase of assets, goods and services issued by competent authorities (as prescribed in Article 5 of this Circular).”

b) Clause 5 Article 10 is amended as follows:

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7. Clause 2 Article 11 is amended as follows:

“2. Value of the procurement.

a) Based on the approved estimate of purchase costs, the value of the procurement shall be determined according to one of the following documents to ensure its conformity with the market price:

- The market price which is determined referring to the latest quotations given by at least 03 local suppliers within no more than 90 days before the date the contractor selection plan is submitted for appraisal; in case where it is unable to obtain quotations from 03 local suppliers, quotations given by suppliers in other areas or announced by competent authorities or organizations with juridical persons established in accordance with regulations of law of Vietnam may be used;

- The valuation reports given by authorities competent to carry out valuation or valuation enterprise in case of purchase of assets, goods or services of which valuation is mandatory as prescribed in the Pricing Law;

- The successful bids of similar procurements which are made within the last 90 days;

If a procurement comprises multiple parts, the estimated value of each part must be specified.

b) If there are grounds for determining fluctuations in market prices compared to the approved value of the procurement (which is determined referring to quotations, valuation reports and successful bids of similar procurements), the person competent to approve the contractor selection plan shall decide to update the value of the procurement within 28 days before the bid opening, if it is deemed necessary.

c) If the value of a procurement is prescribed in specialized laws, such specialized laws shall prevail.

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“Article 24. Conditions for contractor selection in special cases

In case the contractor selection methods prescribed in Articles 20, 21, 22, 23, 24 and 25 of the Law on bidding cannot be employed for a procurement due to special conditions, the competent person shall request the Prime Minister to consider and decide the contractor selection plan, except the cases prescribed in the Prime Minister’s Decision No. 17/2019/QD-TTg dated April 08, 2019."

9. Clause 1 Article 25 is amended as follows:

“1. The competent person shall make and submit the report on clarifications of special conditions of the procurement as the basis for proposing the contractor selection plan in special case to the Ministry of Planning and Investment of Vietnam for appraising according to Point b Clause 1 Article 104 of the Decree No. 63/2014/ND-CP.”

Article 2. Transition 

The purchases which have been approved by competent authorities and granted funding before the effective date of this Circular shall be made according to regulations of law on management and use of funding which have been used as the basis for such approval until completing statements of purchase costs.

Article 3. Implementation

1. This Circular comes into force from November 14, 2022.

2. During the implementation of this Circular, if any legislative documents referred to in this Circular are amended, supplemented or superseded, the new ones shall apply.

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PP. MINISTERDEPUTY MINISTERVo Thanh Hung