Can the investor authorize the branch manager to perform work during the bidding process on the System in Vietnam?
- Will the competent state agency be responsible for the accuracy and truthfulness of the information posted on the System?
- Will the center, project enterprise and the bidding newspaper have any responsibility for the provision, posting of information and investor selection on the System?
- Does the investor authorize the branch manager to perform work during the bidding process on the System in Vietnam?
Will the competent state agency be responsible for the accuracy and truthfulness of the information posted on the System?
Pursuant to Article 26 of Circular 10/2020/TT-BKHDT stipulates as follows:
“Article 26. Responsibilities of competent state agencies and competent agencies
1. 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.
2. Check and confirm the posting of your information on the System.
3. Manage and be responsible for the delegation of authority to the Business Accounts corresponding to their roles; manage the use of digital certificates registered on the System.”
Thus, competent state agencies and competent agencies will have responsibilities according to the above regulations on providing and posting information on the national bidding network system.
Can the investor authorize the branch manager to perform work during the bidding process on the System in Vietnam?
Will the center, project enterprise and the bidding newspaper have any responsibility for the provision, posting of information and investor selection on the System?
Pursuant to Article 28 of Circular 10/2022/TT-BKHDT stipulates as follows:
“Article 28. Responsibilities of Centers, Project Enterprises and Procurement Newspapers
1. Centers and project enterprises shall fulfill their responsibilities in providing and posting information on investment by PPP method and on bidding in accordance with relevant provisions of the bidding law on contractor selection. and User Manual.
2. The Bidding Newspaper is responsible for:
a) Review and detect invalid information as prescribed in Clause 4, Article 3 of this Circular and notify such to competent state agencies, competent agencies, and bid solicitors within the maximum time limit. Maximum is 01 working day from the time the competent state agency, competent authority or 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 so that competent state agencies, competent authority, the bid solicitor edits, completes and re-posts on the System by itself.
b) Extract the information specified in Articles 9, 12, 14, 15, 17 and 18 of this Circular to publish one period in the Bidding Newspaper within 02 working days from the date the state agency has Competent authorities, competent agencies, and bid solicitors themselves upload information to the System in accordance with regulations.
3. In case there is an error in posting information about investor selection such as posting late, wrong content or failing to publish information, causing damage to competent state agencies, agencies If the competent authority, the bid solicitor, or the investor, the Bidding Newspaper must publish the additional and corrected information publicly in accordance with the law on the 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 and public employees, the law on employees and regulations of law on employees. other provisions of relevant laws.”
Accordingly, the center, the project enterprise and the bidding newspaper will perform the responsibilities according to the content specified above.
Does the investor authorize the branch manager to perform work during the bidding process on the System in Vietnam?
Pursuant to Article 29 of Circular 10/2022/TT-BKHDT stipulates as follows:
“Article 29. Responsibilities of investors
1. Register to participate in the System for approval before the bid closing time to ensure eligibility as prescribed at Point d, Clause 1, Article 5 of the Bidding Law, for investment projects using land or according to the User Manual for the PPP project.
2. To perform the responsibilities as prescribed in Clauses 1, 2, 3, 4 and 5, Article 77 of the Bidding Law for investment projects using land or according to the User Manual for PPP projects.
3. Provide and post bidding information on the System, ensuring compliance with responsibilities corresponding to the provisions of Article 80 of the Bidding Law for investment projects using land or the User Manual. for PPP projects.
4. Manage accounts, digital certificates participating in the System.
5. To be responsible for the accuracy of the information declared on the webform and attached documents during the process of interest in project implementation and bid participation. Investors enter information as required by E-KSQT, E-YCSBNLKN, E-HSMST and attach document files to form a set of E-HSQT, E-HSDKTHDA, E-HSDST according to the User Manual.
6. Research E-KSQT, E-YCSBNLKN, E-HSMST for projects that investors are interested in to prepare E-HSQT, E-HSDKTHDA, E-HSDST to suit the requirements of E-KSQT, E-YCSBNLKN, E-HSMST. In case the E-KSQT, E-YCSBNLKN, and E-HSMST are found to have unclear contents, causing difficulties for investors in preparing E-HSQT, E-Proposal, and E-HSDST, the investor must request the bid solicitor to clarify E-KSQT, E-YCSBNLKN, E-HSMST so that competent state agencies, competent agencies, and bid solicitors can amend and supplement these documents accordingly.
7. Monitor and update information on the System for projects that investors are interested in or attend. In the event that errors occur due to failure to monitor and update information on the System, leading to disadvantages for investors during the bidding process, including: change, modification of E-KSQT, E-YCSBNLKN, E-HSMST, time to submit E-HSQT, E-Proposal, E-HSDST, time for clarification of E-Proposal, E-Proposal, E-HSDST, time for contract negotiation, finalization and other contents, Investors must be solely responsible for and bear any disadvantages during the bidding process.
8. In case the legal representative of the investor authorizes the director of the branch, the director of the dependent cost-accounting subsidiary, the director of the enterprise, etc. to perform the tasks during the attendance. Bidding on the System must be done with the investor's account participating in the System, but not using the system participating account of the branch, subsidiary, enterprise...
In case of using accounts participating in the System of branches or dependent units (dependent accounting), investors will be considered as not meeting the eligibility requirements as prescribed in Clause 1 of this Article. 5 of the Law on Bidding for investment projects using land or according to the User Manual for PPP projects.”
Thus, the investor will have the responsibilities according to the above regulations in providing and posting information on the national bidding network system.
Accordingly, the legal representative of the investment who authorizes the branch director to perform jobs during the bidding process on the national bidding network system must use the account participating in the online bidding system. national contractor by the investor's account.
Circular 10/2022/TT-BKHDT will take effect from August 1, 2022.
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