Decree on Procurement, Construction, Maintenance, and Service Bidding Using State Funds (Revised Version)
关于以国家资金进行货物采购、建设、维修及服务招标的法令（修订版）
ດຳລັດ ວ່າດ້ວຍການປະມູນຈັດຊື້ສິນຄ້າ, ການກໍ່ສ້າງ, ການສ້ອມແປງ ແລະການບໍລິການດ້ວຍທຶນຂອງລັດ (ສະບັບປັບປຸງ)
Summary
This decree, issued by the Prime Minister's Office of Laos on January 9, 2004, as Decree No. 03/NA, stipulates the bidding system, forms, and procedures for procuring goods, construction, maintenance, and services using state funds, aiming to ensure efficient, transparent bidding and save state funds. It consists of six chapters and forty-two articles, replacing Decree No. 95 of 1995.
Articles
Article 1
Purpose. This Decree aims to stipulate the regulations, forms, and procedures for bidding on procurement of goods, construction, maintenance, and services using state funds, to ensure efficient, transparent, and economical use of state funds in procurement bidding; and to be society-oriented, promoting equal and free rights for all economic sectors to participate in competitive bidding for supplying goods, construction, maintenance, and services to state agencies and state enterprises.
Article 2
The meanings of terms used in this Decree are as follows: 1. Bidding: refers to the process of selecting a supplier, contractor, or service provider from among participants through open competition. 2. Procurement by Bidding: refers to activities of purchasing goods, carrying out construction and repair, and services using state funds. 3. Goods: refers to tangible items that can be bought and sold, such as: equipment, spare parts, machinery, vehicles, and other products. 4. Construction and Repair: refers to carrying out construction and repair of project works such as roads, irrigation systems, hydroelectric power stations, factories, plants, housing, buildings, and other construction activities. 5. Services: refers to professional technical services provided by consulting companies, experts, or individuals in work such as research and surveys, survey and design, supervision and inspection of various activities, and other services. 6. Procuring Entity or Project Owner: refers to state agencies and state enterprises using state funds. 7. Project Implementation Agency: refers to a ministry or equivalent agency, province, or locality responsible for and monitoring the execution of contracts. 8. State Agency: refers to departments of the Government of the Lao People’s Democratic Republic at central and local levels, including agencies representing the Government of the Lao People’s Democratic Republic abroad and agencies using the state budget. 9. State Enterprise: refers to a business unit established and managed by the state, or a unit in which the state holds shares with other business units, with the state holding at least 51% of the shares. 10. Funder: refers to a country or international financial institution providing loans and/or technical and financial grant assistance to promote economic, social, and environmental development. 11. Bid Participant: refers to a legal person, company, enterprise, joint venture, or international company that possesses qualifications meeting the selection criteria and participates in competitive bidding in a form determined by the procuring entity or project owner. 12. Contractor or Supplier: refers to a person or company that signs a contract with the procuring entity or project owner to supply goods or undertake construction, repair, and services. 13. Bidding Committee: refers to persons officially appointed by the relevant agency, responsible for and implementing the bidding process (from the bidding preparation stage until the announcement of the winning bidder). 14. State Funds: refers to domestic funds, as well as grant aid and loan funds obtained by the state from abroad and from various financial institutions. 15. Evaluation of Bid Participant Qualifications: refers to the examination of the capacity, experience, and financial status of bid participants. 16. State Secrets: refers to matters that pose a threat to national stability, security, and stability, such as: weapons, military vehicles and equipment, and buildings directly serving national defense and public security work.
Article 3
Scope of application. This Decree shall apply to the following entities: - Central, provincial, and local state agencies at all levels, including agencies using the state budget and agencies representing the Government of the Lao People's Democratic Republic abroad; - State-owned enterprises; - Mixed-ownership enterprises with state shareholding.
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