How to manage the collection of Service Usage Fees for Bidding Newspaper in Vietnam?
The Minister of Planning and Investment promulgates a Circular detailing the collection and payment; management and use of registration fees; posting information; selection of contractors and investors on the national bidding network system, Bidding Newspaper. So how do you manage the collection of Service Usage Fees for the Bidding Newspaper? What is the cost of using the service? Fees for using services. And to clarify this, today, LSX Lawfirm will give you an article about “How to manage the collection of Service Usage Fees for Bidding Newspaper in Vietnam?”, as follows:
Legal grounds
- Circular 06/2021/TT-BKHDT;
- Law on Bidding No. 43/2013/QH13
Principles of revenue and expenditure for service use fees
According to Article 4 of Circular 06/2021/TT-BKHDT,
National Online Procurement Center; Bidding Newspaper; The e-GP project enterprise is responsible for collecting, managing, and using the fee for using the service; in accordance with the Circular and the BOT contract of the e-GP project.
Sources of revenue to perform tasks:
a) Firstly, Manage, maintain, operate and develop the System;
b) Secondly, Post information on bidding, and information on investor selection in the Procurement Newspaper;
b) Thirdly, Selection of contractors and investors in the System;
c) Finally, Other recurrent and investment expenditure tasks of the National Online Procurement Center and the Procurement Newspaper,
Fees for using services on the Procurement System and Newspaper to serving the operation of the Procurement Center; under the financial autonomy mechanism for public non-business units then.
Do not use the state budget to perform the above tasks. The difference between revenue and expenditure is recorded into the funds as prescribed and serves only these missions.
Fees for all kinds of services Fees for using services
The cost of selecting contractors and investors on the System includes:
The registration fee to join the System (only one-time payment): is 550,000 VND (VAT included);
Cost of maintaining name and capacity profile of contractors and investors: 550,000 VND; for one (01) year (VAT included) then.
Contractors and investors pay this cost from the second year onwards after the year of registration to participate in the System then;
Cost of bid submission: 330,000 VND; for one (01) bidding package (VAT included) then.
Proposal submission cost: 220,000 VND; for one (01) bidding package (VAT included).
The cost of the winning contractor is calculated at 0.022% of the winning bid price, but the maximum is 2,200,000 VND (VAT included).
For bidding packages divided into several parts or separate lots: the cost is calculated according to the winning value of each part; or separate lot;
The cost of using the E-Contract is calculated at 0.022% of the contract price, but the maximum is VND 2,200,000 (VAT included).
Cost of posting information about bidding on the System, Procurement Newspaper:
Cost of posting notices of invitation for bids, notices of invitation for expression of interest, notices of invitation for pre-qualification: 330,000 VND; for one (01) bidding package or one (01) project in one (01) language (VAT included);
Than Cost of posting notice of solicitation of offers, short list: 165,000 VND; for one (01) bidding package for one (01) language (VAT included).
How to manage the collection of Service Usage Fees for the Procurement Newspaper?
Spent for:
- Firstly, Expenses for performing obligations to the State Budget;
– Newspaper printing expenses; - Secondly, Expenses for transportation and distribution of Newspapers nationwide;
– Expenses for individuals participating in posting information about bidding; including wages, allowances, and other valid expenses for employees according to the provisions of law;
– Stationery expenses; electricity, water, information technology application; outsourced services for posting information about bidding;
– Expenses for procurement, maintenance, and repair; insurance; system upgrade; - Thirdly, Expenses for organizing and managing the activities of posting and releasing information on bidding;
- Finally, Other recurrent and investment expenditure tasks related to the organization, management, and publication of information on bidding.
Distribution of financial results, appropriation of funds: under the self-compliance mechanism; according to the provisions of current law.
Do not use the state budget to perform the above tasks. The difference between revenue and expenditure shall be accounted into the funds in accordance with the law; and serve only those tasks.
Organize the preparation, approval, and adjustment of the annual plan and finalization of revenue and expenditure:
- The Procurement Newspaper prepares revenue and expenditure plans related to the publication of bidding information on the Bidding Newspaper; contents in Appendix I promulgated together with the Circular; sum it up in the estimate of the Procurement Management Department and submit it to the Ministry of Planning and Investment for approval;
- In case of tasks arising, the Procurement Management Department shall proactively adjust revenues and expenditures; and take responsibility for the adjustment within the approved annual plan.
– The Bidding Newspaper is responsible for making the final settlement of revenues and expenditures according to the contents in Appendix II attached to the Circular; and settling into the operating expenses of the Department of Procurement Management then.
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Related questions
Fees for using services are the expenses specified in Clause 3, Article 13 of the Bidding Law, Clause 9 Article 9 and Article 86 of Decree No. 63/2014/ND-CP dated June 26, 2014, of the Government. The Government shall detail the implementation of a number of articles of the Bidding Law regarding contractor selection, Clause 6, Article 32 of Decree No. 35/2021/ND-CP.
The bid solicitor is responsible for paying the cost of posting information on bidding within the time limit specified at Point a, Clause 2, Article 6 of Circular 06/2021/TT-BKHDT. Upon expiry of the prescribed cost payment time limit, if the bid solicitor fails to pay the costs, the bid solicitor is not allowed to post bidding information on the System for subsequent bidding packages until the payment responsibilities are fulfilled.
Bidding is the process of selecting contractors to sign, and perform a contract to provide consulting services; non-consulting services, goods procurement, construction, and installation; select investors to sign and perform contracts on investment projects using land on the basis of ensuring competition, fairness, transparency, and economic efficiency. Thus, this selection process is to ensure that the investor can execute the project as planned. To be able to participate as contractors; Individuals and organizations must meet specific conditions then.
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