What is the newest form of decision to approve contractor selection results in Vietnam in 2024?

What is the newest form of decision to approve contractor selection results in Vietnam in 2024?

According to Appendix 3B issued alongside Circular 06/2024/TT-BKHDT, the newest form of decision to approve contractor selection results in Vietnam in 2024 is as follows:

Download the newest form of decision to approve contractor selection results in Vietnam in 2024

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Who is responsible for providing and publishing bidding information on the National Bidding Network System in Vietnam?

According to Article 8 of the Bidding Law 2023 on providing and publishing bidding information in Vietnam:

Article 8. Providing and publishing bidding information

1. Responsibilities for posting contractor selection information are as follows:

a) The investor is responsible for posting information as stipulated in points a, g, h, i, and k of Clause 1, Article 7 of this Law;

b) The procuring entity is responsible for posting information as stipulated in points b, c, d, and dd of Clause 1, Article 7 of this Law. For internationally tendered packages, the procuring entity must post the information stipulated in points b, c, and d of Clause 1, Article 7 of this Law in both Vietnamese and English; for the information stipulated in point dd of Clause 1, Article 7 of this Law, the procuring entity posts it in English or both Vietnamese and English;

c) The contractor is responsible for updating and posting information about their abilities and experience in the contractor database, which includes the information stipulated in point k of Clause 1, Article 7 of this Law.

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According to Clause 1, Article 7 of the Bidding Law 2023 on bidding information:

Article 7. Bidding Information

1. Information about contractor selection includes:

a) Information about the project, contractor selection plan;

b) Invitation for expressions of interest, prequalification invitation;

c) Bidding invitations;

d) Shortlists;

dd) Invitations for expressions of interest, prequalification documents, bidding documents, and any content amendments or clarifications (if any);

e) Opening results for online bidding;

g) Contractor selection results;

h) Main information of the contract;

i) Information on handling violations of bidding laws;

k) Information on the contract execution results of the contractor;

l) Other relevant information.

[...]

According to the above provisions, the investor is responsible for posting the contractor selection results on the National Bidding Network System no later than 5 working days from the date the document is issued or the contract takes effect.

What are cases of refutation of contractor/investor selection result

Pursuant to Article 18 of the Bidding Law 2023 on bid suspension, refutation of contractor/investor selection result in Vietnam:

Article 18. Bid suspension, refutation of contractor/investor selection result

1.  When there is evidence that organizations or individuals participating in bidding activities have committed acts stipulated in Article 16 of this Law or other violations of relevant laws, leading to a lack of competition, fairness, transparency, and economic efficiency, or causing distortion of contractor selection results, the authorized person shall take one or more of the following measures:

a) Suspend the tender to temporarily stop contractor or investor selection activities to immediately rectify the violation. The tender suspension is implemented during the contractor or investor selection process until before the approval of contractor or investor selection results;

b) Not recognize the contractor or investor selection results during the contractor or investor selection process and during the contract implementation period;

c) Handle violations in bidding as stipulated in Article 87 of this Law.

2. The suspension document or the document not recognizing the contractor or investor selection results must clearly state the reasons, content, measures, and timeframes for rectifying the bidding violation.

Thus, contractor selection results are not recognized when there is evidence that organizations or individuals participating in bidding activities have committed prohibited acts in bidding activities or other violations of relevant legal regulations, leading to a lack of competition, fairness, transparency, and economic efficiency, or causing distortion of contractor selection results.