25/06/2022 14:31

Prohibited acts in procurement in Vietnam

Prohibited acts in procurement in Vietnam

The National Assembly of Vietnam is drafting a Law on Procurement (amended), in which the Ministry of Planning and Investment proposes prohibited acts in procurement including:

1. Handing, taking, brokerage of bribes.

2. Abusing positions and powers to illegally interfere in bidding activities.

3. Collusive practice, which is an arrangement between two or more parties to achieve an improper purpose, including the following acts:

- Agreeing to let one or many parties to prepare Bid for parties of bidding so that one party may win bid;

- Agreeing on non-transaction, refusal for goods provision, refusal for signing contract of Subcontractor, or forms which cause other difficulties to parties which refuse to participate in agreement.

4. Fraudulent practice, including the following acts:

- Providing a wrong presentation intentionally or falsifying information, dossier or documents of a party in bidding with the aim to obtain financial benefits or other benefits or with the aim to avoid any obligation;

Bidders/investors intentionally provide dishonest information in EOI responses, Prequalification Application, Bids, Proposals falsifying the result of selection of bidders/investors.

5. Interference practice, including the following acts:

Destroying, cheating, changing, hiding proof or reporting contrary to the truth; threatening, disturbing or suggesting with any party with the aim to prevent the clarification of acts of handing, taking, brokerage of bribes, fraudulence or conclusion with functional agencies, authorized agencies in conducting supervisions, checks, inspections and audit;

- Impeding bidder/investors, authorities in charge of supervision, inspection and audit.

- Taking advantage of proposals in bidding, making complaints and denunciations to obstruct the bidding to gain illicit profits;

- Obstructing competent agencies in supervision, examination, inspection and auditing in the course of performing their tasks.

6. Inequality and intransparency, including the following acts:

Making a bid as a bidder/investor in a procurement, project for which it is also the Procuring Entity, investor or person performing tasks of the Procuring Entity, investor;

Formulating and engaging in evaluation of dossier of invitation for expression of interest, Prequalification Document, Bid, Request for Proposals for a same procurement, project;

Engaging in evaluation of Bids, Proposals, concurrently evaluate result of selection of bidder/ investor for a same package, project;

Any individual of the Procuring Entity, investor directly participates in the process of selection of bidder/ investor or participate in expert groups, evaluation groups for result of selection of bidder/ investor, or a head of competent regulatory body, investor, the Procuring Entity for packages, projects in which his or her natural parent, parent-in-law, spouse, natural child, adopted child, son or daughter-in-law or sibling participates give their name in bidding or are representatives in law of bidders/investors making the bid;

- Participation by a bidder in bidding for goods procurement, works in a procurement for which such participant previously has provided consulting services, and non-consulting services provided by their consulting service providers to prepare, verify technical designs, FEED designs, estimate, prepare and appraise invitation documents pre-qualification, bidding documents, evaluation of pre-qualification applications, bid dossiers, goods inspection, evaluation of contractor selection results, contract performance supervision and similar consulting services;

- Provision of one's name as the bidder for a procurement belonging to a project of an organization or body for which such person worked, within a period of 12 months from the date on which such person ceased to work for such body or organization;

Being consulting bidder for supervision concurrently provide the verification consulting for the procurement which is under supervision of bidder;

- Application of a form of selection of bidder/ investor other than competitive bidding when the conditions stipulated in this Law have not been satisfied;

- Imposition of specific requirements regarding brand names and country of origin of goods in Bid Documents applicable to procurement for procurement of goods, for works and mixed packages when applying forms of competitive bidding, limited bidding;

- Division of a project, estimate for procurement into packages contrary to the provisions in this Law with the aim to apply Direct Contracting or limit participation of bidders, or competitive offers, except for the cases specified in Clauses 3 and 4, Article 17 of this Law;

7. Disclosure, receipt of the following data and information regarding selection of bidder/ investor, except for cases defined at point b clause 7 and point e clause 8 article 73, clause 12 Article 74, point i Clause 1 Article 75, Clause 7 Article 76, Clause 7 Article 78, point d Clause 2 and point d clause 4 Article 92 of this Law:

- Contents of EOI requests, Prequalification Documents, Bid Documents prior to the stipulated date for issuance of such documents;

- Requests for clarification of Bids, Proposals made by the Procuring Entity and responses of bidders/investors during the process of assessment of Bids, Proposals prior to announcement of the results of selection of bidder/ investor; reports by the Procuring Entity, by the expert group, evaluation report, report of consulting bidder, report of relevant specialized agencies during the process of selection of bidder/ investor prior to announcement of the results of selection of bidder/ investor; notebooks and minutes of bid consideration meetings, comments and assessments regarding each dossier of expression of interest, dossier of prequalification participation, Proposals prior to the announcement precribed in the regulations

- Result of contractor and investor selection before being made public according to regulations;

- Other documents in the process of selecting contractors and investors are determined to contain state secret content as prescribed by law.

8. Bid transfer including the following acts:

- Contractor transfer to other contractor a part of work under procurement at maximum value for Subcontractors on the signed Contract Price;

- The investor or supervision consulting accepts for contractor to transfer work under duty of contractor, deducted part of work under duty of Subcontractors as stated in contract.

9. Holding selection of bidder when the financing source for the package mentioned at Point d, Clause 1 and Point c, Clause 2, Article 38 of this Law resulting in insolvency of the contractor.

See details at Draft Law on procurement (amended).

Nhu Y

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