Is land price determination bidding an advisory or non-consulting service?
Mr. Huynh Duy Tan (in Kien Giang Province) asked: Pursuant to Clause 8, Clause 9, Article 4 of the Bidding Law, the annual determination of land prices is available by the provincial land management agency that has responsibility to help the Provincial People's Committee to perform, does this determination belong to the consulting service or the non-consulting service?
In case the price appraisal service is in the form of non-consulting service as prescribed at Point h, Clause 1, Article 2 of Circular No. 58/2016 / TT-BTC dated March 29, 2016, comply with Article 15, Article 16, Article 17, Article 18 and Article 19 of Circular No. 58/2016 / TT-BTC are we?
If not, can the determination of annual land prices comply with Articles 54, 55 and 56 of Decree No. 63/2014 / ND-CP dated June 26, 2014 of the Government?
The Ministry of Planning and Investment responded to this issue as follows:
Clause 8, Clause 9, Article 4 of the Bidding Law stipulates that consulting services are one or a number of activities, including:
- Preparation, assessment of the planning report,
-Overall development diagram, architecture;
- Survey and making of pre-feasibility study report, feasibility study report, environmental impact assessment report;
- Survey and making of engineering, estimate;
- Preparation of dossiers of invitation for expression of interest, dossier of invitation for pre-qualification, bid dossiers, dossiers of requirements;
- Assessment of dossiers of expression of interest, dossiers of prequalification participation, bid dossiers, dossiers of proposals;
- Verification, appraisal;
- Management of project;
- Arranging finance;
- Audit, training,
- Transfer of technologies;
- Other advisory services.
Non-advisory service means one or a number of activities including: Logistics, insurance, advertisement, installation not belong to Clause 45 of this Article, pre-acceptance test and operation run, holding of training, maintenance, drawing maps and other activities not being advisory services defined at clause 8 of this article.
For Mr. Tan's problem, the bidding package for price appraisal and land price determination is the bidding package to provide consulting services according to the above regulations.
By: Online Newspaper of the Government / Translator: HaiYen-Bizic
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