According to Mr. Tan's reference to Clause 4, Article 23 of the Law on Bidding No. 22/2023/QH15, it states:

'4. For packages or procurement contents with a value not exceeding 50 million VND, the head of the procuring agency or unit is responsible for deciding the procurement to ensure savings and efficiency, and is accountable for their decision without having to prepare, appraise, or approve the contractor selection plan or the package's cost estimate. They are not required to sign a contract with the supplier but must ensure that the invoicing and documentation are complete according to the law.'

Mr. Tan asks whether his unit can apply this regulation to the aforementioned consulting package. Does the term 'head of the procuring agency or unit' apply in this case when the unit is only designated as the investor by the decision-making authority without any accompanying authorization?

Regarding this issue, the Ministry of Planning and Investment responds as follows:

According to the provisions of Clause 4, Article 23 of the 2023 Law on Bidding, for consulting packages or procurement contents with a value not exceeding 50 million VND, the head of the procuring agency or unit is responsible for deciding the procurement to ensure savings and efficiency, and is accountable for their decision without having to prepare, appraise, or approve the contractor selection plan or the package's cost estimate. They are not required to sign a contract with the supplier but must ensure that the invoicing and documentation are complete according to the law.

Therefore, if Mr. Tan's consulting package has a value not exceeding 50 million VND, it should be implemented according to the above provisions.