What are the regulations on the penalty of prohibition of participation in selection of contractors for handling violations against regulations on bidding in Vietnam?
- How many forms of handling violations against regulations on bidding in Vietnam?
- How much is the penalty for approving a bidder selection plan with insufficient contents in Vietnam?
- What are the regulations on the penalty of prohibition of participation in selection of contractors for handling violations against regulations on bidding in Vietnam?
- What are the penalties for causing damage assessed up VND 300,000,000 on bidding in Vietnam?
How many forms of handling violations against regulations on bidding in Vietnam?
* Violation of regulations on bidding is an act of intentionally violating state regulations in bidding activities, causing property damage to others.
- Is a new type of crime, specified for the first time in the Criminal Law in the form of a specific crime. This crime is part of a group of crimes that violate economic management regulations, including bidding activities.
*Penalties for violations against regulations on bidding
According to the provisions of Article 121 of Decree 63/2014/ND-CP guiding the Bidding Law, there are currently 4 forms of handling violations in the field of bidding, including:
- A warning or a fine
- Be prohibited from participating in the bidding
- Be liable to criminal prosecution for any individual committing any violation against the law on bidding which constitutes crimes
- Any official committing any violation against the law on bidding shall be penalized under the regulation of the law on officials.
What are the regulations on the penalty of prohibition of participation in selection of contractors for handling violations against regulations on bidding in Vietnam?
How much is the penalty for approving a bidder selection plan with insufficient contents in Vietnam?
Pursuant to Article 32 of Decree 122/2021/ND-CP stipulates as follows:
Violations against regulations on bidder selection plans
1. A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for any of the following violations:
a) Failure to follow or incorrectly following procedures for making, appraising and approving the bidder selection plan or adjusted bidder selection plan in accordance with regulations of law on bidding;
b) Making, appraising and approving a bidder selection plan with insufficient contents or insufficient grounds in accordance with regulations of law on bidding;
c) Failure to make, appraise and approve a bidder selection plan for the entire project or cost estimate in case of eligibility for making a bidder selection plan for such entire project or cost estimate.
2. A fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for applying a bidder selection method or form and type of contract which is inconsistent with the size or nature of the contract package.
3. A fine ranging from VND 50,000,000 to VND 70,000,000 shall be imposed for any of the following violations:
a) Organizing bidder selection before the bidder selection plan is approved unless the direct contracting applies to packages which need to be performed to immediately overcome or promptly handle consequences caused by force majeure event; packages which need to be performed immediately to avoid causing direct damage to life, health and property of a residential community on a geographical area or avoid seriously affecting adjacent works; procurements of drugs, chemicals, supplies and medical equipment for purposes of disease prevention and control in emergency cases;
b) Dividing a project or cost estimate into different contract packages that fail to satisfy the requirements concerning technical characteristics, procedures and uniformity of the project reducing the competitiveness of bidding or in order to avoid applying e-selection of preferred bidders.
Accordingly, the act of approving a bidder selection plan with insufficient contents can be fined from 20 to 30 million VND.
Note that the above convenient fines apply to organizations. If an individual violates, the fine is equal to 1/2 of the organization's (Article 4 of Decree 122/2021/ND-CP).
What are the regulations on the penalty of prohibition of participation in selection of contractors for handling violations against regulations on bidding in Vietnam?
*Pursuant to Clause 2, Article 121 of Decree 63/2014/ND-CP, Article 122 of Decree 63/2014/ND-CP, applicable subjects: organizations and individuals violating prohibited acts in bidding in Article 89 of the Law on Bidding 2013 and violating regulations on labor use in Clause 8, Article 12 of Decree 63/2014/ND-CP).
Thus, individuals and organizations that commit prohibited acts according to the provisions of the bidding law and violate regulations on labor use will be banned from participating in bidding activities and placed on the list of violating contractors. violations on the national bidding network system. Specifically stating:
- Prohibited from participating in the bidding for 03 year to 05 years when committing any violation:
+ Corrupt practice.
+ Take advantage of positions, powers aiming to interfere illegally in a bidding process.
+ Collusive practice,
+ Fraudulent practice
+ Interference practice
- Prohibited from participating in the bidding for 01 year to 03 years when committing any violation:
+ Bid transfer
+ Holding selection of bidder when the financing source for the package has not yet been determined, resulting in insolvency of the contractor
- Prohibited from participating in the bidding for 06 months to 01 year when committing any violation:
+ Inequality and intransparency
+ Disclosure, receipt of the following data and information regarding selection of bidder/ investor
- 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 Decree 63/2014/ND-CP.
What are the penalties for causing damage assessed up VND 300,000,000 on bidding in Vietnam?
Pursuant to Article 222 of the Criminal Code 2015, a number of regulations supplemented by Point k, Clause 1, Article 2 of the Law on amendments to the Criminal Code 2017 regulate the crime of violating regulations on bidding causing serious consequences:
- A person who commits any of the following acts and causes damage assessed at from VND 100,000,000 to under VND 300,000,000 or under VND 100,000,000 while having incurred a disciplinary penalty or administrative penalty for the same offence shall face a penalty of up to 03 years' community sentence or 01 - 05 years' imprisonment:
+ Illegally interfering with bidding activities;
+ Colluding with other bidders in bidding;
+ Commit frauds in bidding;
+ Obstructing bidding activities;
+ Committing regulations of law on assurance of fairness and transparency of bidding;
+ Holding contractor selection before capital sources are determined that result in inability to pay contractors;
+ Illegally transferring the contract.
- This offence committed in any of the following circumstances carries a penalty of 03 - 12 years' imprisonment:
+ The offence is committed for self-seeking purposes;
+ The offence is committed by an organized group;
+ The offence involves the abuse of the offender's position or power;
+ The offence involves the use of deceitful methods;
+ The offence results in damage from VND 300,000,000 to under VND 1,000,000,000.
- If the damage caused by the offence is assessed at VND 1,000,000,000 to over, the offender shall face a penalty of 10 - 20 years' imprisonment.
- The offender might also be prohibited from holding certain positions or doing certain works for 01 - 05 years or have all or part of his/her property confiscated.
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