What are the procedures for settlement of petitions for review of issues that arise before the notice of contractor selection result is published under the Law on Bidding in Vietnam?
What are the procedures for settlement of petitions for review of issues that arise before the notice of contractor selection result is published under the Law on Bidding in Vietnam?
Pursuant to Clause 1, Article 91 of the Law on Bidding 2023, the settlement of petitions for review of issues that arise before the notice of contractor selection result is published is prescribed as follows:
Procedures for settlement of petitions arising from contractor selection
1. Settlement of petitions for review of issues that arise before the notice of contractor selection result is published shall be subject to the following provisions:
a) The bidder, authority or organization (petitioner) shall send their petition to the employer before the contractor selection result is published on VNEPS;
b) The employer shall send a written response to the petitioner within 07 working days from the receipt of the petition;
c) In case the petitioner disagrees with the petition settlement result or does not receive any response from the employer upon the expiration of the time limit specified in Point b of this Clause, the petitioner shall be entitled to send their petition to the competent person within 05 working days from the prescribed deadline for petition settlement or from the day on which the employer’s response is received;
d) The competent person shall send a written response to the petitioner within 05 working days from the receipt of the petition.
Thus, the process of settlement of petitions for review of issues that arise before the notice of contractor selection result is published is carried out according to the above content.
In case of disagreement with the competent person's decision to resolve the petition, the investor or contractor has the right to sue in court.
Vietnam: What are the procedures for settlement of petitions for review of issues that arise before the notice of contractor selection result is published under the Law on Bidding?
What are the procedures for settlement of petitions that arise after the notice of contractor selection result is published in Vietnam?
Pursuant to Clause 2, Article 91 of the Law on Bidding 2023, it is stipulated as follows:
Procedures for settlement of petitions arising from contractor selection
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2. Petitions for review of the issues that arise after the notice of contractor selection result is published shall be settled according to one of the following processes:
a) The bidder (petitioner) shall send their petition to the employer within 10 days from the day on which the contractor selection result is published on VNEPS. The employer shall send a written response to the petitioner within 07 working days from the receipt of the petition.
In case the petitioner disagrees with the petition settlement result or does not receive any response from the employer upon the expiration of the time limit specified in this Clause, the petitioner shall be entitled to send their petition to the competent person through the standing section within 05 working days from the prescribed deadline for petition settlement or from the day on which the employer’s response is received. The competent person shall issue a decision on settlement of the petition for review of the contractor selection result within 05 working days from the receipt of the written opinion from the petition settlement advisory board;
b) The bidder (petitioner) shall send their petition to the competent person through the standing section within 10 days from the day on which the contractor selection result is published on VNEPS. The competent person shall issue a decision on settlement of the petition for review of the contractor selection result within 05 working days from the receipt of the written opinion from the petition settlement advisory board.
Thus, in case after the contractor selection results are announced, the petition resolution process will be carried out according to the above content.
What are the conditions for settlement of petitions arising from contractor selection in Vietnam?
Pursuant to the provisions of Article 90 of the Law on Bidding 2023 as follows:
Conditions for settlement of petitions
1. In order to be put into consideration, petitions for review of issues that arise before the publishing of contractor/investor selection result must meet the following conditions:
a) Petitions for review of bidding documents may be submitted by authorities or organizations having interest in the package or investment project; petitions for review of other issues concerning the contractor/investor selection process shall only be filed by bidders or investors participating in the bidding;
b) The petition must bear signature and seal (if any) of the petitioner’s lawful representative or be digitally signed and submitted through VNEPS;
c) The petition must be submitted to the entity in charge of settling the petition prescribed in Clause 1 Article 91 and Clause 1 Article 92 of this Law before the contractor/investor selection result is published.
2. In order to be put into consideration, petitions for review of the contractor/investor selection result must meet the following conditions:
a) The petition must be filed by the bidder or investor participating in the bidding (petitioner);
b) The petition must bear signature and seal (if any) of the petitioner’s lawful representative or be digitally signed and submitted through VNEPS;
c) The issue in the petition has not been included in any other lawsuit, complaint or denunciation filed by the petitioner;
d) The issue in the petition must directly concern the petitioner's bid evaluation results;
dd) The petition settlement fee is paid by the petitioner to the standing assistance section of the chairperson of the petition settlement advisory board (hereinafter referred to as “standing section”) before or at the same time when the petition is submitted;
e) The bidder and the investor must submit their petitions to the employer/competent person and the procuring entity/competent person respectively within the time limit specified in Clause 2 Article 91 of this Law.
Thus, the conditions for considering and resolving petitions in bidding activities are determined according to the above content.
In case the petition of the contractor, investor, agency or organization does not meet the above conditions, the person responsible for resolving the petition shall notify the contractor, investor, agency or organization in writing. officials regarding failure to consider and resolve recommendations.
The Law on Bidding 2023 will take effect from January 1, 2024
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