Decision No. 438/QD- BKH dated April 07, 2009 by the Minister of Planning and Investment.
Article 1. The Public Procurement Agency is directly under the Ministry of Planning and Investment and assists the Minister in performing the function of state management over public procurement.
The Public Procurement Agency has the legal personality, its own seal and secondary account; its operation budget is financed by the State Budget and included in the annual cost estimate of the Ministry of Planning and Investment.
Article 2. The Public Procurement Agency has powers and duties as follows:
1. To organize the research and compilation of legal documents on public procurement to be submitted to competent authorities for promulgation within its powers.
2. To organize the dissemination and introduction of legal regulations on public procurement.
3. To guide the implementation of legal regulations on public procurement, guiding the handling of bidding-related situations.
4. To organize the appraisal of bidding plans, bidder selection results for bidding packages of projects which the Government’s Prime Minister has decided to invest in and to appraise other contents as required by the Government’s Prime Minister.
5. To act as a standing member in assisting the Advisory Board in handling recommendations under legal regulations on public procurement.
6. To organize the inspection of bidding tasks in accordance with legal regulations on public procurement; to participate in bidding inspection activities as required by the Minister of Planning and Investment.
7. To supervise, assess, review and report the implementation of bidding activities across the country.
8. To act as the focal point in assisting the Minister of Planning and Investment in international cooperation in public procurement.
9. To establish and manage the national bidding network.
10. To organize and manage professional training and retraining activities in terms of public procurement; to provide services supporting public procurement profession, auditing of bidding sequences and procedures as required by organizations and individuals.
11. To develop, manage and publish the Bidding Newspaper, electrical information pages on public procurement.
12. To manage the organization, staff and assets assigned in accordance with the laws and the Ministry’s decentralization.
13. To conduct other duties as assigned by the Minister of Planning and Investment.
Article 3. The organizational structure of the Public Procurement Agency:
1. The management of the Public Procurement Agency consists of a Director General and a number of Deputy Directors.
The Director General of the Public Procurement Agency is liable to the Minister of Planning and Investment for organization and management of the Agency’s operations. Deputy Directors are liable to the Director General for the assigned fields of work. The Director General and Deputy Directors are appointed and removed by the Minister of Planning and Investment.
2. Units under the Public Procurement Agency include:
- Procurement Policy Division.
- Procurement Division.
- Bidding Network Management Division.
- Agency Office.
- Center for Procurement Support.
- Bidding Newspaper.
Article 4. The Director General of the Public Procurement Agency provides for specific tasks and staff for each unit of the Agency within the tasks and staff assigned by the Minister of Planning and Investment; stipulates functions, tasks and organizational structure of the Bidding Newspaper, Center for Procurement Support to be submitted to the Minister of Planning and Investment for consideration and decision.
Article 5. This Decision shall take effect from the date of signing. Previous regulations which are contrary to this Decision shall be annulled.
Article 6. The Director General of the Public Procurement Agency, the Director General of the Organization and Personnel Department, the Chief of the Ministry Office and the Heads of related Units are responsible for implementing this Decision./.
Minister Vo Hong Phuc
(For reference only)