Regulations on the registration time of concentrated procurement demand

Tue, 28 Jan 2020 18:31:00  |  Print  |  Email   Share:

Every year, after January 31st, if the agency or organization fails to register the concentrated procurement demand to send it to the superior management agency for consolidation and centralized procurement, it is not allowed to purchase such asset.

According to Nguyen Thi Thanh Lan (Department of Finance of Vinh Long Province), Clause 1, Article 74 of the Government's Decree No. 151/2017 / ND-CP dated December 26, 2017:

As reflected by Nguyen Thi Thanh Lan (The Vinh Long Department of Finance), Paragraph 1, Article 74 of Decree No. 151/2017 / ND-CP of the Government dated December.26, 2017 stipulates: "1. Basing itself on the document of budget estimate allocation of the agency, competent person, agency, organization or unit shall make a dossier of concentrated procurement registration and send it to a superior management agency (below referred to as focal points for concentrated procurement registration) to sum up and send to the concentrated procurement units of the ministries, central agencies and provinces before January 31st every year”.

In order to suit the local practical needs, Ms. Lan's agency is advising the Provincial People's Committee to make time for concentrated procurement twice (January and July each year) to make purchases for schools, public non-business units are self-funded.

Ms. Lan would like to ask, is it wrong to divide the total time for concentrated procurement needs?

Regarding this issue, the Ministry of Finance has following opinions:

In Clause 1, Clause 4, Article 74 of Decree No. 151/2017 / ND-CP dated December 26, 2017 of the Government detailing a number of articles of the Law on Management and Use of Public Assets:

1. Based on the budget estimate allocation documents of agencies, competent persons, agencies, organizations and units, it is responsible to make a concentrated procurement registration document and send it to the superior management agency (below) called the focal point of the concentrated procurement registration) to sum up and send to the concentrated procurement unit of the ministries, central agencies and provinces before January 31 every year ...

4. If the deadline specified in Clause 1 and Clause 2 of this Article over, agencies, organizations, units and ministries, central agencies and provincial-level People's Committees fail to send the need for concentrated purchase of assets having been assigned the procurement estimate of the list of concentrated procurement properties, it is not allowed to procure such asset.

In case of arising a need of  assets procurement on the list of concentrated procurement outside the assigned budget at the beginning of the year and approved by the competent agency or person for supplement e procurement estimate, the Minister or the Head of the agency at the central level, the Chairman of the provincial People's Committee shall decide to assign the concentrated procurement unit based on the signed framework agreement (if any), the provisions of bidding law to apply appropriate procurement or delivery. agencies, organizations and units that have demand for properties conducting procurement activities ".

Therefore, if the agency or organization does not register the concentrated procurement demand before February 1st, to send it to the superior management agency for consolidation and centralized procurement, it is not allowed to purchase that property.

As such, the division of the general time of concentrated procumbent needs is not in accordance with the provisions of Clause 1, Article 74 of Decree No. 151/2017 / ND-CP.

In case of arising a need of assets procurement on the list of concentrated procurement in addition to the estimate assigned at the beginning of the year and the competent agency or person has approved the supplementation of the procurement estimate, the competent authority shall decide the assignment. The concentrated procurement unit shall base on the signed framework agreement (if any) and the provisions of bidding law to apply the appropriate procurement or to assign agencies, organizations and units with demand for assets conducting procurement..

By: Online Newspaper of the Government / Translator: HaiYen-Bizic

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