Who has the competence of banning participation in bidding activities in Vietnam? How many years are persons committing bidding corruption prohibited from operation?
How many years are persons committing bidding corruption prohibited from operation?
Pursuant to Article 89 of the 2013 Law on Procurement in Vietnam, the prohibited acts in bidding activities are as follows:
- Corrupt practice.
- Take advantage of positions, powers aiming to interfere illegally in a bidding process.
- Collusive practice, including the following acts:
+ Agreeing on bidding withdrawal or withdrawal of Letter of Bid already been submitted so that one party or parties in agreement win bid;
+ Agreeing to let one or many parties to prepare Bid for parties of bidding so that one party may win bid;
+ Agreeing on refusal for goods provision, refusal for signing contract of Subcontractor, or forms which cause other difficulties to parties which refuse to participate in agreement.
According to Article 122 of Decree No. 63/2014/ND-CP on prohibition of participation in selection of contractors as follows:
Depending on the degree of the violation, an entity shall be:
- Prohibited from participating in the bidding for 03 year to 05 years when committing any violation against the regulations in Clauses 1, 2, 3, 4 and 5 Article 89 of the Law on Bidding;
- Prohibited from participating in the bidding for 01 year to 03 years when committing any violation against the regulations in Clauses 8 and 9 Article 89 of the Law on Bidding;
- Prohibited from participating in the bidding for 06 months to 01 year when committing any violation against the regulations in Clauses 6 and 7 Article 89 of the Law on Bidding;
- Prohibited from participating in the bidding for 01 year to 05 years when committing any violation against the regulations on use of employees prescribed in Clause 8 Article 12 of this Decree.
Who has the competence of banning participation in bidding activities in Vietnam? How many years are persons committing bidding corruption prohibited from operation?
Who has the competence of banning participation in bidding activities in Vietnam?
According to the provisions of Clause 3, Article 90 of the 2013 Law on Procurement in Vietnam as follows:
Actions against violations
1. Any organization or individual who breaches the law on procurement and other relevant law shall, depending on the nature and seriousness of violation, be disciplined, sanctioned administratively or liable to criminal prosecution; in case where violation of law on procurement causes damages to benefits of state, the lawful rights and benefits of organizations and individuals, the offender must pay compensation as prescribed by law.
2. In addition to being dealt with pursuant to the provisions in clause 1 of this article, depending on the nature and seriousness of violation, organizations and individuals breaching law on procurement shall be also banned participation in bidding activities and put into list of infringing contractors on National E-procurement System.
3. Competence of banning participation in bidding activities is prescribed as follows:
a) The competent persons shall issue decisions on banning participation in bidding activities for projects, estimate of procurement under their management; case of serious violation, they may suggest the Ministers, Heads of ministerial-level agencies, chairpersons of the People’s Committees of provinces or central-affiliated cities to issue decision on banning participation in bidding activities within management of Ministries, sectors and localities or suggest the Minister of Planning and Investment to issue decisions on banning participation in bidding activities nationwide;
b) The Ministers, Heads of ministerial-level agencies, chairpersons of the People’s Committees of provinces or central-affiliated cities shall issue decisions on banning participation in bidding activities within management of their Ministries, sectors and localities for cases suggested by the competent persons as prescribed at point a this Clause;
c) The Minister of Planning and Investment shall issue decisions on banning participation in bidding activities nationwide for cases suggested by the competent persons as prescribed at point a this Clause.
4. Disclosure of actions against violations:
a) Decisions on actions against violations must be sent to the dealt organizations and individuals, the relevant agencies and organizations, concurrently be sent to the Ministry of Planning and Investment for monitoring and summing up;
b) Decisions on actions against violations must be published on bidding newspaper, National E-procurement System.
5. The Government shall elaborate this Article.
Thus, the competence of banning participation in bidding activities is prescribed as follows:
- The competent persons shall issue decisions on banning participation in bidding activities for projects, estimate of procurement under their management;
- In case of serious violation, they may suggest the Ministers, Heads of ministerial-level agencies, chairpersons of the People’s Committees of provinces or central-affiliated cities to issue decision on banning participation in bidding activities;
- The Ministers, Heads of ministerial-level agencies, chairpersons of the People’s Committees of provinces or central-affiliated cities;
- The Minister of Planning and Investment.
Is there any other form of sanction in addition to the form of banning participation in bidding activities in Vietnam?
According to the provisions of Article 121 of Decree No. 63/2014/ND-CP, in addition to the form of banning participation in bidding activities, there are also the following forms to handle violations in bidding activities:
- Any entity committing any violation against the law on bidding shall be given a warning or a fine under the regulations of the law on imposition of penalties for administrative violations in the field of planning and investment.
- Any individual committing any violation against the law on bidding which constitutes crimes under the regulations of the Criminal law shall be liable to criminal prosecution.
- Any official committing any violation against the law on bidding shall be penalized under the regulation of the law on officials.
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