SUPPLEMENT 05 CASES WHICH ARE NOT APPLICABLE TO PROCUREMENT UNDER CIRCULAR NO. 58/2016/TT-BTC
On November 11, 2022, the Ministry of Finance promulgates Circular No. 68/2022/TT-BTC on amending and supplementing a number of articles of Circular No. 58/2016/TT-BTC dated March 29, 2016, detailing regulations on the use of State capital for the procurement for the purpose of maintaining routine operations of State agencies, units affiliated to People's armed force, public non-business units, political organizations, socio-political organizations, socio-politico-professional organizations, social organizations, socio-professional organizations.
Accordingly, the Ministry of Finance supplements 05 cases that are not applicable to procurement under Circular No. 58/2016/TT-BTC including:
The procurement of medicines shall comply with the Law No. 105/2016/QH13 on Pharmacy dated April 06, 2016, and its guiding documents;
Other regulations on procurement of medical devices are defined in the Government’s Decree No. 98/2021/ND-CP;
The procurement of properties, goods, and services under projects funded by the official development assistance (ODA) that arises from treaties or international agreements shall comply with the Law on Bidding, Decree No. 63/2014/ND-CP, and their guiding documents...
For bidding packages for procurement of properties, goods, and services subject to the approval of Chairpersons of provincial-level People's Committees, the Chairperson of the provincial-level People's Committee shall direct the provincial-level Department of Finance or a specialized agency under the People's Committee to assume the prime responsibility for appraising contractor selection plans; particularly for bidding packages for procurement of medical supplies subject to the competence of Chairpersons of provincial-level People's Committees, the provincial-level Department of Health shall assume the prime responsibility for appraising contractor selection plans in accordance with Clause 3 Article 104 of Decree No. 63/2014/ND-CP.
Besides, the responsibility of appraising the contractor selection plans applicable to bidding packages for procurement of properties, goods, and services subject to the approval of Chairpersons of district-level People's Committees shall comply with Clause 5 Article 104 of Decree No. 63/2014/ND-CP.
For the fields with specialized law regulations on the responsibility of appraising contractor selection plans applicable to bidding packages for procurement of properties, goods, and services, such specialized law regulations shall be applied.
