What are methods of inspecting bidding activities and procedures for direct inspection in Vietnam?

1. What are methods of inspecting bidding activities and procedures for direct inspection in Vietnam?

According to Article 119 of Decree 24/2024/ND-CP, an inspection of bidding activities can be conducted using one or a combination of the following methods: Direct inspection and Written report.

- Direct inspection: This method is mainly applied and conducted directly at the premises of the inspected unit.

- Written report: This method requires the inspection team to ask the inspected unit to provide a written report on the content to be inspected.

2. What are procedures for inspecting bidding activities through direct inspection method in Vietnam?

Based on Article 121 of Decree 24/2024/ND-CP, the procedure for inspecting bidding activities through direct inspection is as follows:

* Preparatory inspection:

Based on periodic inspection plans or ad hoc inspection requirements, the unit in charge of the inspection performs the following tasks:

- Collect relevant information and documents for the inspection; in the case of an ad hoc inspection, information and document collection can be done before or after the inspection decision is made;

- Determine the composition of the inspection team, including members from the coordinating unit (if any);

- Submit to the head of the competent authority for approval of the inspection decision;

- The head of the inspection team approves the detailed inspection plan after the inspection decision is approved; for inspections with complex content involving multiple units or requiring ad hoc inspection, the head of the inspection team considers and decides to submit the detailed inspection plan for approval by the head of the competent authority;

- Develop a report outline for the inspected unit to use as a basis for preparing a report on the bidding activities to be inspected;

- Notify the inspected unit in writing, enclosing the detailed inspection plan and report outline, and send a copy to the superior management authority (if any) and other relevant units (if any). The notification letter is sent to the inspected unit at least 10 days before the inspection is conducted.

* Conducting the inspection:

- The head of the inspection team announces the inspection decision at the beginning of the direct inspection at the premises of the inspected unit and prepares a minutes of the announcement;

- The inspection team gathers, examines, analyzes, and evaluates relevant information and documents regarding the bidding activities under inspection, including the information stipulated in Clause 1, Article 124 of Decree 24/2024/ND-CP for the inspected unit; prepare evaluation tables and comments on each relevant content; inspect and verify information and documents (if necessary); and review the implementation results as the basis for inspection conclusions. During the inspection, the inspection team may discuss with the inspected units and conduct on-site inspections if necessary. Depending on the scale and nature of the inspection, the head of the inspection team decides whether to prepare minutes confirming the inspected content;

- The inspection team notifies the inspected unit in writing about the conclusion of the direct inspection at the premises and hands over the documents and equipment used (if any) during the inspection;

- After the direct inspection at the premises, the inspection team prepares a draft inspection report for the head of the inspection team to review and decide before sending it to the inspected unit for comments. The draft inspection report is sent to the inspected unit in writing or simultaneously in writing, fax, and email;

- Based on the draft inspection report and the comments from the inspected unit, the inspection team finalizes the inspection report.

* Inspection conclusions:

- Based on the inspection report, the inspection team drafts the inspection conclusion to submit to the head of the competent authority for review and approval. The inspection conclusion must include measures to address violations of bidding laws;

- The inspection conclusion is sent to the inspected unit and the superior management authority (if any) and other relevant units (if necessary).

* Monitoring the implementation of inspection conclusions:

- The head of the inspected unit organizes the implementation of the inspection conclusions and reports on the implementation status to the competent inspection authority within the time frame stipulated in the inspection conclusion. The report includes measures to remedy the deficiencies and errors mentioned in the inspection conclusion, measures to rectify bidding activities, and measures to hold organizations and individuals accountable as recommended by the inspection team (if any);

- The monitoring of the implementation of inspection conclusions is conducted through reports as stipulated in point (a) of this clause. Organizations and individuals within the inspected unit and relevant organizations and individuals are responsible for implementing the inspection conclusions. If they fail to do so or implement them inadequately and promptly, they will be dealt with according to the nature and severity of the violations under the law.

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