Loading...

Determining whether the project is covered by the Law on Bidding?

Fri, 14 Sep 2018 09:03:46 AM GMT + 7    Print   Email   Share:

(Chinhphu.vn) – In cases where the project is funded with the State capital, the capital of a State enterprise is 30% or more or less than 30% but more than VND 500 billion in the total investment of the project, the project falls within the adjustment scope of regulation of the Law on bidding.

Mr. Pham Thanh Tung’s company (in Ho Chi Minh City) is a limited liability company owned by a foreign company which is a joint venture with a state owned enterprise in the form of an investment project. Mr. Tung would like to ask, is his project a development investment project and must comply with the Law on Procurement?

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

Point c, Clause 1, Article 1 and Clause 11, Article 4 of the Law on Bidding has stipulatedprojects on development investment other than cases defined at point a and point b of this Clause which are financed by state, state-owned enterprises with level equal to 30% or more or less than 30% but more than VND 500 billion in total invested capital of project.Development investment projects include:

- New construction investment programs and projects;

- Projects on renovation, upgrading and expansion of projects already invested in construction;

- Projects on the purchase of assets, including equipment and machinery without installation;

- Projects for repairing and upgrading assets and equipment;

- Project, planning project;

- Projects, topics of scientific research, technological development, technology application, technical assistance, basic investigation;

- Other programs, projects and development investment projects.

In Mr. Tung's case, if the project uses state capital, the capital of a State owned enterprise is 30% or more or less than 30%, but more than VND 500 billion in the total investment of the project, The scope of regulation of the Law on Bidding.

Accordingly, the determination of the State capital, capital of State enterprises in the total investment of the project is the responsibility of the investor.

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

---------------------------------------------

Same category News :

Other news :

Legal Documents

Circular No 24/2015/TT-BTTTT on Regulations on management and use of Internet resources

Contact

google+

linkedin