What are the responsibilities of contractors and investors in bidding activities? What are the principles for handling violations in bidding activities?
What are the principles for handling violations in bidding activities in Vietnam?
Pursuant to Article 87 of the Law on Bidding 2023, it is stipulated as follows:
Handling of violations
1. Organizations and individuals that commit violations against regulations of law on bidding shall, depending on the nature and severity of their violations, be disciplined, face administrative penalties or criminal prosecution, and make compensation for any damage in accordance with regulations of law.
2. In addition to penalties prescribed in Clause 1 of this Article, depending on the nature and severity of each violation, the organization or individual that commits any of the prohibited acts prescribed in this Law shall be prohibited from participating in bidding activities for a period from 06 months to 05 years.
3. Power to decide prohibition from participating in bidding activities:
a) Competent persons shall issue decisions on prohibition from participating in bidding for projects, investment projects or procurement cost estimates within their jurisdiction;
b) Ministers, heads of ministerial agencies, Governmental agencies, and other central-government agencies, and Chairperson of provincial People’s Committees shall issue decisions on prohibition from participating in bidding activities within their jurisdiction;
c) The Minister of Planning and Investment of Vietnam shall issue decisions on prohibition from participating in bidding activities within his/her jurisdiction and nationwide.
4. A decision on prohibition from participating in bidding activities must be sent to the violating organization or individual and relevant authorities and organizations; and also be sent to the Ministry of Planning and Investment of Vietnam and published on VNEPS.
5. The Government shall elaborate Clauses 2, 3 and 4 of this Article.
Thus, handling of violations in bidding activities is carried out according to the above contents.
Accordingly, depending on the nature and severity of violations, they will be disciplined, administratively fined or prosecuted for criminal liability; In case of causing damage, compensation must be made according to the provisions of law.
What are the responsibilities of contractors and investors in bidding activities? What are the principles for handling violations in bidding activities?
What are the responsibilities of contractors and investors in bidding activities in Vietnam?
Pursuant to the provisions of Article 82 of the Law on Bidding 2023 as follows:
Responsibilities of contractors, investors
1. Request the procuring entity to clarify their EOI request, prequalification document, bidding documents or RFP.
2. Provide relevant information and documents and explanations about the fulfillment of responsibilities specified in this Article at the request of the competent person, employer, procuring entity, inspecting authorities and bidding authorities.
3. In addition to the responsibilities specified in Clauses 1 and 2 of this Article, when participating in bidding through VNEPS, bidder or investor shall also:
a) Have information technology infrastructure facilities when participating in online bidding;
b) Assume legal responsibility for the accuracy and truthfulness of information which is registered and published on VNEPS.
4. Comply with terms and conditions of the signed contract.
5. Discharge other responsibilities as prescribed by this Law and relevant laws.
Thus, in bidding activities, contractors and investors have responsibilities according to the above content.
What are the contents and responsibilities of state management in bidding activities in Vietnam?
Pursuant to the provisions of Article 83 of the Law on Bidding 2023 as follows:
Contents of state management of bidding activities
1. Promulgate and organize the implementation of legislative documents on bidding.
2. Review, assess and submit reports on the implementation of bidding activities.
3. Manage information systems and databases on bidding nationwide.
4. Supervise, inspect and settle bidding-related complaints, denunciations and petitions, and take actions against violations in bidding sector within the jurisdiction and scope of responsibility prescribed in this Law and relevant laws.
5. Provide professional training and retraining courses in bidding activities.
6. Carry out international cooperation in bidding.
Accordingly, the responsibility for state management of bidding is specified in Article 84 of the Law on Bidding 2023 as follows:
Responsibility for state management of bidding
1. The Government shall carry out uniform state management of bidding activities nationwide.
2. The Ministry of Planning and Investment of Vietnam shall act as a focal point in charge of assisting the Government in carrying out uniform state management of bidding activities, and have the following powers and responsibilities:
a) Formulate and promulgate, within its jurisdiction, or request competent authorities to promulgate, legislative documents on bidding;
b) Build and manage VNEPS and press products on bidding to serve online bidding, and public disclosure of information on contractor/investor selection as prescribed in this Law;
c) Build and manage national database on contractors and investors, containing information on contract execution results and quality of supplied goods according to the Government’s regulations;
d) Provide regulations on training, retraining and improvement of professional knowledge on bidding for persons in charge of bidding tasks; regulations on examination, issuance and revocation of professional certificates in bidding;
dd) Carry out inspection of bidding activities;
e) Perform other powers and responsibilities to carry out state management of bidding activities as assigned by the Government or the Prime Minister in accordance with this Law and relevant laws.
Thus, the content and responsibilities of state management in bidding activities are implemented according to the above content.
Law on Bidding 2023 takes effect from January 1, 2024.
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