The investor must be responsible before the law for the information registered and posted on the National Procurement Network System?
- What are the responsibilities of the investor when participating in the online bidding system in Vietnam?
- What are the responsibilities of the bid solicitor when participating in the online bidding system in Vietnam?
- What are the responsibilities of the Center, the e-GP Project Enterprise and the Procurement Newspaper?
What are the responsibilities of the investor when participating in the online bidding system in Vietnam?
According to Article 21 of Circular 08/2022/TT-BKHDT stipulating the responsibilities of investors when participating in the online bidding system in Vietnam as follows:
- To perform the responsibilities as prescribed in Clauses 1, 5, 8, 10 and 13, Article 74 of the Law on Bidding.
- Take responsibility before the law for the accuracy and truthfulness of the information registered and uploaded to the System when logging in with your Account participating in the System.
- Check and confirm the posting of your information on the System.
- Manage and be responsible for decentralization for Business Accounts corresponding to their roles; manage the use of digital certificates on the System.
What are the responsibilities of the bid solicitor when participating in the online bidding system in Vietnam?
According to Article 22 of Circular 08/2022/TT-BKHDT stipulating the responsibilities of the bid solicitor when participating in the online bidding system as follows:
- To perform the responsibilities as prescribed at Points a, b, c, d, k, Clause 1 and Points a, b, c, dd, e, k, Clause 2, Article 75 of the Bidding Law.
- Posting on the Information System of foreign contractors winning bids in Vietnam according to Appendix 7 issued with this Circular, the posting shall comply with the User Manual. Information shall be sent simultaneously to the Procurement Administration Department, the Ministry of Planning and Investment within 07 working days from the date of approval of contractor selection results as prescribed at Point c, Clause 1, Article 128 of the Decree. No. 63/2014/ND-CP.
- For bidding packages organized by international bidding, the bid solicitor must publish the information specified in Articles 13, 15, 16, 18 and 19 of this Circular in Vietnamese and English.
- The bid solicitor must be responsible for the consistency of documents posted on the System with approved documents. In case there is a discrepancy between documents posted on the System and approved documents, the documents posted on the System will be the legal basis for implementation.
- Monitor and update the information posted on the System and the information that the System responds to.
- Manage and be responsible for decentralization for Business Accounts corresponding to their roles; manage the use of digital certificates on the System
The investor must be responsible before the law for the information registered and posted on the National Procurement Network System?
What are the responsibilities of the Center, the e-GP Project Enterprise and the Procurement Newspaper?
According to Article 24 of Circular 08/2022/TT-BKHDT stipulating the responsibilities of the Center, the e-GP project enterprise and the Procurement Newspaper, the online bidding system in Vietnam is as follows:
The Center is responsible for:
+ Manage and supervise the operation of the System, ensure that the System operates stably, continuously, safely and securely;
+ Develop user manual documents; supporting organizations participating in the System in the process of online registration, provision and posting of information and selection of contractors;
+ Providing propaganda, training and guiding services to organizations participating in the System and deploying services related to information on bidding and online contractor selection;
+ Coordinate with the e-GP project enterprise in performing the responsibilities specified in Clauses 2, 4 and 5, Article 85 of the Law on Bidding.
- The e-GP project enterprise is responsible for:
+ To perform the responsibilities specified in Article 85 of the Bidding Law;
+ Ensuring information safety and database security of the System;
+ Ensure the integrity of the records on the System, including preventing unauthorized access, illegal substitution of records;
+ Ensure safety, security and privacy for users and manage user profiles; ensure that the System has a mechanism to keep track of time and actions on the System;
+ Build the system to ensure compatibility with other systems; friendly interface, meeting standards in the field of information technology; convenient, easy to use for the objects using the System;
+ Having a system risk management mechanism (ensure to withstand large information traffic...);
+ Not to use information about projects, bidding packages, contractors, investors, bid solicitors and other information on the System for purposes other than building and operating the System. ;
+ Make sure the hardware system meets the requirements.
+ The e-GP project enterprise is responsible before law for the contents mentioned at points b, c, d, e, g and h of this clause. In case of errors, the e-GP project enterprise and related individuals will be considered and handled according to the provisions of the e-GP project BOT contract and relevant laws.
- The Procurement Newspaper is responsible for:
+ Review and detect invalid information as prescribed in Clause 6, Article 3 of this Circular and notify the investor and bid solicitor within a maximum of 01 working day from the date of submission of the request. investors, the bid solicitor self-posts information on the System. The notification is made on the System, electronic mail (email), mobile application or other information channels about invalid information content for the investor, the bid solicitor to self-correct. complete and re-post on the System;
+ Extract the information specified in Articles 13, 15, 16 and 18 of this Circular to publish for one period in the Procurement Newspaper within 02 working days from the date of posting by the investor and the bid solicitor. information on the System as prescribed in Clause 3, Article 8 of Decree No. 63/2014/ND-CP.
- In case there is an error in posting information about bidding such as posting late, wrong content or deliberately not posting information, causing damage to the investor, bid solicitor, contractor, the Bidding Newspaper must publish additional information, correct it publicly in accordance with the law on press. Depending on the degree of error, relevant organizations and individuals belonging to the Bidding Newspaper will also be considered and handled according to the provisions of the law on cadres, civil servants, public employees, the law on employees and regulations of law on employees. other provisions of relevant laws.
Circular 08/2022/TT-BKHDT takes effect from August 1, 2022.
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