(Chinhphu.vn) – Mr. Chung Hoang Long (in Tra Vinh Province) works at the business unit directly under the Department. The Department is preparing a plan to select contractors using regular funding, including a package of software and database construction for professional work, which cost about VND 100-200 million.

Mr. Long would like to ask whether the package of internal software development and database of information technology application activities using State budget capital (regular budget) is considered as a consultance service or not. ?

If the above package is a consultancy service valued at under VND 500 million, is it appropriate to appoint a contractor under Article 54 of Decree No. 63/2014 / ND-CP?

In case the above package is for procurement of goods (purchasing information technology products according to Point e, Clause 1, Article 2 of the Circular No. 58/2016 / TT-BTC), the application of competitive offers shall be reduced according to Clause 2, Article 19 of the Circular No. 58/2016 / TT-BTC, is it appropriate?

Regarding this issue, The Ministry of Planning and Investment has the following opinions:

Clause 8, Clause 25, Article 4 of the Bidding Law stipulates that consultancy services are one or several 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, bidding documents, dossiers of requirements;

- Assessment of dossiers of expression of interest, dossiers of prequalification participation, bidding documents, proposal dossiers

- Verification and appraisal;

- Supervision;

- Management of project;

- Arranging finance;

- Audit, training, transfer of technologies; other advisory services

- Other consultancy services. Goods include machinery, equipment, raw materials, fuel, materials, supplies and spare parts; consumer goods; medicines and medical supplies used for medical establishments.

In case Mr. Long's bidding package is to buy information technology software which is already available in the market, this is a goods package as stipulated in Clause 25, Article 4 of the Bidding Law.

In case the bidding package is an organization or an expert to build and develop an information technology software at the request of the bid solicitor, this is a consultancy service bidding package as prescribed in Clause 8, Article 4 of the  Bidding Law.

Bidding packages using regular funding shall not exceed VND 100 million, and the limit for offering competitive competition shall not exceed VND 200 million (Clause 1, Article 54; Clause 2, Article 57 of the Decree 63/2014 / ND-CP of the Government).