What is duration for the Procuring Entity to resolve a protest made by a bidder during selection of bidders in Vietnam?
What is duration for the Procuring Entity to resolve a protest made by a bidder during selection of bidders in Vietnam?
Our company is involved as a contractor in the tender. Recently, we have noticed that some acts of the Procuring Entity in the contractor selection process have an impact on the selection of contractors, affecting our interests. Therefore, we have submitted a proposal to the Procuring Entity. I would like to ask how long does it take for the Procuring Entity to respond to the proposal? There is in the process of resolution of protests and we file a lawsuit with the Court, is it possible?
1. What is duration for the Procuring Entity to resolve a protest made by a bidder during selection of bidders in Vietnam?
Pursuant to Clause 1, Article 92 of the Law on Bidding 2013, the process of resolution of protests regarding matters during selection of bidders shall be performed as follows:
a) A contractor may send a written protest to the investor for project; the Procuring Entity for recurrent procurement, centralized procurement since happening matters and prior to having notice of result of bidder selection;
b) The investor, the Procuring Entity shall be responsible to have a document to resolve a protest made by a bidder within a time limit of 07 working days from the date of receipt of the written protest of the bidder;
c) If the investor, the Procuring Entity has no document to resolve the protest or if the bidder disagrees with the result of resolution of protest, the bidder shall have the right to lodge the protest with the authorized person within 05 working days, as from the expired day of replying or day of receiving document of resolution of protest made by investor, the Procuring Entity;
d) The authorized person shall be responsible to resolve a protest made by a bidder within a time limit of 15 working days from the date of receipt of the written protest of the bidder.
Thus, according to the above provisions, the Procuring Entity, when receiving a protest, must send a written resolution of the protest within 7 days. If not, your company can send a petition to an authorized person to handle this in Vietnam.
2. Is it possible to institute court proceedings while in the process of resolution of protests in Vietnam?
Article 91 of the Law on Bidding 2013 provides for resolution of protests regarding bidding as follows:
1. When consider that lawful rights and benefits are severely affected, the contractors and investors have rights:
a) To make protests to the Procuring Entity, investor, competent person about matters during selection of bidder/ investor; result of selection of bidder/ investor according to the process of resolution of protests specified in Article 92 of this Law;
b) To institute court proceedings at any time, including time of resolution of protests or after having result of resolution of protests.
2. In case where bidders/investors instituted court proceedings, they are not entitled to send protest to the Procuring Entity, investor, or the competent person. If in the process of resolution of protests, bidders/investors instituted court proceedings, the resolution of protests shall be terminated immediately.
Thus, the contractor has the right to file a lawsuit at the Court at any time, including time of resolution of protests or after having result of resolution of protests. However, when filing a lawsuit to the Court, the resolution of protests shall be terminated immediately in Vietnam.
Best Regards!
