What are the penalties for violations against regulations on conditions for issuing the bidding documents in Vietnam?

Regarding this matter, LawNet would like to answer as follows:

1. What are the conditions for issuing the Bidding Documents, Request for Proposals in Vietnam?

Conditions for issuing the Bidding Documents, Request for Proposals are specified in Article 7 of the Bidding Law 2013.

Specifically:

- The Bidding Documents, Request for Proposals of a package may be only issued to select bidders when having full the following conditions:

+ The approved plan on selection of bidders;

+ The approved Bidding Documents, Request for Proposals include contents of requirements on procedures for bidding, Bid Data Sheet; criteria for evaluation, forms of bidding, volume table of bid invitation; requirements on progress, techniques, quality; general conditions, particular conditions of contracts, model contracts and other necessary contents;

+ Invitation to Bid, Notice of Proposed Procurement or short list must be published as prescribed by the Bidding Law 2013;

+ Capital sources for package are allocated under the time for performance of package;

+ Content, list of goods, services and estimates already been approved by competent person in case of recurrent procurement and centralized procurement;

+ Ensuring the handing over of construction ground under time for performance of package.

- Bidding Documents, Request for Proposals of a project may be only issued to select investors when having full the following conditions:

+ Project under list of projects announced by Ministries, Ministerial agencies, Governmental agencies, the People’s Committees of provinces or central-affiliated cities as prescribed by law or projects proposed by investors;

+ The approved plan on selection of bidders;

+ The approved Bidding Documents, Request for Proposals;

+ Invitation to Bid, or short list must be published as prescribed by the Bidding Law 2013.

Thus, in order for the bidding documents to be issued, it is necessary to ensure the conditions on the bidder selection plan, bidding documents, request for proposals and the invitation to Bid, or short list published on the national bidding system network, Bidding Newspaper

At the same time, the above conditions must be approved by the competent authority before bidding documents can be issued.

2. What are the penalties for violations against regulations on conditions for issuing the bidding documents in Vietnam?

According to the provisions of Article 40 of Decree 122/2021/ND-CP, violations against regulations on bidding documents and requests for proposals will be subject to following administrative sanctions:

- A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for any of the following violations:

+ Issuing the bidding documents or request for proposals without satisfying all prescribed conditions;

+ Failure to prepare, appraise and approve the bidding documents or request for proposals before organizing investor selection;

+ Appraising and approving the bidding documents or request for proposals ultra vires;

+ Preparing, appraising and approving the bidding documents or request for proposals against regulations on investor’s lawful status, incentives for investor selection and standards for document/request evaluation;

+ Approving the bidding documents or request for proposals which is inappropriate for the approved contractor selection plan.

- A fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for imposing conditions to restrict participation of investors or give advantage to one or more investors, thereby causing unfair competition.

Thus, according to the above regulations, violations against regulations on bidding documents and requests for proposals will be subject to a fine ranging from 20 million VND to 50 million VND.

Key word: bidding documents | in Vietnam | Vietnam | violations | penalties |

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