Sending a question on the Government Portal, Mr. N.X.B in Gia Lai said that his company is a state-owned enterprise, organizing workers to go on vacations and using a package priced under 1 billion VND. Mr. B asked if his company was designated to bid under Point m, Clause 1, Article 23 of the 2023 Bidding Law?
Responding to this issue, the Ministry of Finance said:
According to Clause 7, Article 3 of the Law on Bidding 2023, agencies, organizations and enterprises are allowed to decide on their own choice of contractors on the basis of ensuring publicity, transparency, economic efficiency and accountability in selecting contractors to provide goods, consulting services, and non-counseling services to ensure continuity for production, business and procurement activities to maintain regular operations using production and business capital of state-owned enterprises and enterprises with 100% charter capital held by state-owned enterprises. Units select contractors to implement bid packages under investment and business projects specified in Clause 3, Article 2 of this Law; select contractors to provide consulting services, raw materials, fuels, materials, non-consulting services directly serving the bid package that the public service unit has won the bid.
In case Mr. B's enterprise is a state-owned enterprise and organizes a vacation for employees using the production and business capital of the enterprise, the enterprise is allowed to decide on the selection of a contractor on the basis of ensuring publicity, transparency, economic efficiency and accountability.
