Authority to decide on the purchase of goods and services under 200 million

Ms. Trang asked, does her center submit the budget and contractor selection plan to the District People's Committee for approval or does it approve the budget and contractor selection plan itself? If it approves itself, is the plan appraisal step carried out by the Finance Department or the unit itself?

On this issue, the Ministry of Planning and Investment (now the Ministry of Finance ) has the following opinion:

According to the provisions of Point a, Clause 1, Article 91 of Decree No. 24/2024/ND-CP dated February 27, 2024 of the Government , the authority to decide on the procurement of public assets at agencies and units shall comply with the provisions of law on management and use of public assets.

For the procurement of goods and services not covered by Clause 1, Article 91 of Decree No. 24/2024/ND-CP, according to the provisions of Point c and Point d, Clause 2, Article 91 of this Decree, heads of budget units at all levels decide on the procurement of bid packages and procurement contents with values ​​within the scope decided by competent authorities or prescribed by competent authorities and are allowed to decide on the procurement of bid packages and procurement contents with values ​​not exceeding VND 200 million; Heads of central agencies and provincial People's Councils decide or prescribe the authority to decide on the procurement serving the activities of public service units under their management.

Pursuant to Point d, Clause 4, Article 126 of Decree No. 24/2024/ND-CP, for procurement packages of assets, goods, and services (including the purchase of drugs, chemicals, testing supplies, and medical equipment) in which the Head of the agency or unit directly using the procurement budget decides on the procurement according to the provisions of Article 91 of this Decree, the Head of the agency or unit shall decide on the agency, organization, or department responsible for appraising the contractor selection plan.

Based on the above provisions, in case of purchasing goods and services that are public assets, the authority to decide on the purchase shall comply with the provisions of law on management and use of public assets.

In case of purchasing goods and services not covered by Clause 1, Article 91 of Decree No. 24/2024/ND-CP, for bidding packages with procurement contents not exceeding VND 200 million, the heads of budget units at all levels shall decide on the procurement. The appraisal of contractor selection plans shall be carried out in accordance with the provisions of Article 126 of Decree No. 24/2024/ND-CP of the Government.

Government.vn

Source: https://baochinhphu.vn/tham-quyen-quyet-dinh-viec-mua-sam-hang-hoa-dich-vu-duoi-200-trieu-10225050716235327.htm