The project utilizing personal contributions follows which regulation?
Sat, 24 Jun 2023 10:30:00 | Print | Email Share:
Mr. Tran Minh Tung (Dong Nai) works at a public university educational institution. The unit he is assigned to has been authorized as the investor to implement the project of constructing several apartment buildings solely for the housing needs of officials and employees, without any commercial purposes.
The aforementioned project falls into Group A, with the entire funding source derived from contributions made by officials and employees working at the institution. The project was granted an approved investment decision in 2005 and its 1/500 planning was approved in 2013 by the authorized agency.
Mr. Tung inquired whether the project, which utilizes contributions from officials and employees as mentioned above, is required to follow the procedures stipulated in the 2019 Law on Public Investment, or if it should adhere to the procedures of any other law.
The Ministry of Planning and Investment responded to this issue as follows:
According to the regulations specified in Point a, Clause 1, Article 1 of the Bidding Law, investment projects using state funds from public-sector enterprises fall within the scope regulated by this Law.
According to the regulations specified in Point c, Clause 1, Article 1 of the Bidding Law, investment projects that do not fall under the provisions of Point a and Point b of this clause, but utilize state funds or funds from state-owned enterprises equal to or exceeding 30% of the total investment amount, or less than 30% but exceeding 500 billion Vietnamese dong, fall within the scope regulated by this Law.
Therefore, in the case where the investment project of the public-sector enterprise solely utilizes personal contributions without using state funds or funds from state-owned enterprises, it does not fall within the scope regulated by the aforementioned provisions of the Bidding Law.
By: Translator: LeAnh-Bizic
Source: https://vcci.com.vn/du-an-su-dung-von-gop-ca-nhan-ap-dung-quy-dinh-nao
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