Decision No. 1858/QD-BKHDT dated December 21, 2017 by the Minister of Planning and Investment.
Article 1. Position and functions
The Public Procurement Agency is an agency affiliated by the Ministry of Planning and Investment, assisting the Minister in performing the state management function of bidding and investment in the form of public-private partnership (PPP).
The Public Procurement Agency has the legal status, its own seal and level-2 account. The Agency’s operating budget is allocated by the state budget and added in the annual estimate of the Ministry of Planning and Investment.
Article 2. Tasks and powers
1. To organize the study and composition of legal documents on bidding and PPP and submit them to functional agencies for promulgation according to their competence.
2. To organize the dissemination, propagation and guidance of the implementation of legal provisions on bidding, PPP and international commitments on bidding to which Vietnam is a member; provide guidance on handling bidding situations.
3. To organize the evaluation of plans on selecting contractors and investors, investor selection results and plans for selecting contractors and investors in special cases falling under the decision making power of the Prime Minister and other cases requested by the Prime Minister.
4. To organize the evaluation of bidding contents within the decision making power of the Minister.
5. To permanently assist the Advisory Council in handling proposals in compliance with provisions of the bidding law.
6. To organize the inspection of bidding activities according to provisions of bidding law; to participate in bidding and PPP inspection activities at the request of the Minister.
7. To monitor and supervise bidding activities; to evaluate, review and report on the implementation of bidding and PPP activities nationwide.
8. To enter into international cooperation on bidding; to study and participate in negotiating the content of government procurement in international treaties that Vietnam is expected to sign and accede to; to coordinate the implementation of commitments on government procurement in international treaties to which Vietnam is a member.
9. To build, manage and guide the use of the national bidding network and online bidding system; to administrate the information system and databases on bidding and PPP nationwide.
10. To supervises bidding training and fostering.
11. To operate examinations to grant certificates of bidding activities; to grant, re-grant and revoke certificates of bidding activities; to organize training for bidding lecturers and grant certificates of bidding lecturers.
12. To provide services for training, fostering, consultancy and professional support on tendering, and conduct audits on the order and procedures in tendering at the request of organizations and individuals.
13. To build, manage and publish the Vietnam Public Procurement Review.
14. To manage the organization, personnel, and assets assigned in accordance with the law and decentralization by the Ministry.
15. To perform other duties as assigned by the Minister.
Article 3. Organizational structure
The administrative units include:
1. Procurement Policy Division.
2. Bidding Division.
3. Division of International Cooperation.
4. Public-Private Partnership Office (PPP).
5. Agency Office;
Non-business units include:
6. The Vietnam Public Procurement Review;
7. Vietnam National E-procurement Center;
8. Procurement Help Desk Center.
The personnel including officials and contracted staff gets salary from the state budget allocated to the Agency as decided by the Minister.
Article 4. Leaders of the Public Procurement Agency
1. The Agency has a Director General and a number of Deputy Directors General.
2. The Director General and Deputy Directors General are appointed, dismissed and removed from office by the Minister in accordance with law.
3. The Director General stipulates the functions and tasks of the units attached to the Agency; to formulate working regulations, internal spending regulations in accordance with current laws; to construct the functions, tasks and organizational structure of non-business units under the Agency, including: The Vietnam Public Procurement Review, Vietnam National E-procurement Center, and Procurement Help Desk Center, and submit them to the Minister for consideration and decision.
4. The Director General is responsible to the Minister for organizing and managing all activities of the Agency; assisting the Minister in overall management of The Vietnam Public Procurement Review.
5. The Deputy Directors General are responsible to the Director General and to the laws for the working sectors assigned to them.
Article 5. Effect
This decision takes effect from the date of signing. The previous regulations contrary to this Decision are now annulled.
Article 6. Implementation responsibilities
The Director General of Department of Personnel and Organization, Chief of Ministry Office, Director General of Public Procurement Agency and Heads of departments and agencies under the Ministry are responsible for implementing this Decision./.
Ministry of Planning and Investment