What are regulations on fraud and corruption regarding bid on the procurement of goods in Vietnam?

What are regulations on fraud and corruption regarding bid on the procurement of goods in Vietnam? - image from internet

Pursuant to Chapter I of the Circular 05/2015/TT-BKHDT on provisions on preparing the invitation for bid on the procurement of goods issued by the Minister of Planning and Investment, the regulations on fraud and corruption regarding bid on the procurement of goods in Vietnam are stipulated as follows:

3.1. Corrupt practice.

3.2. Take advantage of positions, powers aiming to interfere illegally in a procurement process or the execution of a contract.

3.3. Collusive practice, including the following acts:

a) Agreeing on bidding withdrawal or withdrawal of Bid Submission Form already been submitted so that one party or parties in agreement win bid;

b) Agreeing that one party or parties jointly prepare(s) Bidding Documents so that one party may win bid;

c) Agreeing on refusal for supply of Goods, refusal for concluding contracts with subcontractors, or other difficulties to parties which refuse to participate in agreement.

3.4. Fraudulent practice, including the following acts:

a) Providing a wrong presentation intentionally or falsifying information, documents of a Bidder with the aim to obtain financial benefits or other benefits or with the aim to avoid any obligation;

b) Individuals who directly assess the Bidding Documents and results of Bidder selection provide wrong reports or untrue information falsifying the results of Bidder selection;

c) Bidders intentionally provide dishonest information in the Bidding Documents falsifying the result of Bidder selection.

3.5. Interference, including the following acts:

a) Destroying, cheating, changing, hiding proof or reporting contrary to the truth; threatening, disturbing or suggesting with any Bidder with the aim to prevent the clarification of corrupt, fraudulent or conclusive practice with authorities in charge of supervisions, inspections and audit;

b) Impeding Bidders, authorities in charge of supervision, inspection and audit.

3.6. Inequality and intransparency, including the following acts:

a) The Purchaser makes a Bid as a Bidder or perform tasks of a Bidder for its own Invitation for bids.

b) Formulating and engaging in evaluation of the Bidding Documents of the same procurement;

c) Engaging in evaluation of the Bidding Documents and assessing the results of Bidder selection of the same procurement;

d) Any individual of the Purchaser directly participates in the Bidder selection process, or participates in an expert groups or evaluation groups for results of Bidder selection, or a Head of the Purchaser has procurements of which his or her natural parent, parent-in-law, spouse, natural child, adopted child, son or daughter-in-law or sibling is a Bidder or a legal representative of the Purchaser;

dd) The Purchaser make a bid for the procurement of Goods for which it provided consultancy services;

e) Any individual makes a bid in his/her name for the procurement of a project whose Purchaser or Investor is his/her workplace within 12 months, from the date on which he/she quits his/her job from such workplace;

g) Applying a method of Bidder selection other than National Competitive Bidding upon the unsatisfaction of requirements prescribed in the Law on bidding No. 43/2013/QH13;

h) Specifying detailed requirements pertaining to trademarks and origin of Goods in the Invitation for Bids;

i) Dividing a project or an estimate into procurements contrary to the provisions in the Law on Bidding No. 43/2013/QH13 with the aim to apply Sole-source Contract or Bidder limitations.

3.7. Disclosing or receiving the following documents in terms of the Bidder selection process, other than the cases prescribed in Point b Clause 7 of Article 73, Clause 12 of Article 74, Point I Clause 1 of Article 75, Clause 7 of Article 76, Clause 7 of Article 78, Point d Clause 2 of Article 92 of the Law on Bidding No. 43/2013/QH13:

a) Contents of the Invitation for Bids before the issuing time as prescribed;

b) Contents of Bidding Documents, notebooks and minutes of bid consideration meetings, comments and assessments regarding each Bidding Documents prior to the announcement of the results of Bidder selection;

c) Contents of Requests for clarification of Bidding Documents made by the Purchaser and responses of the Bidder during the process of assessment of Bidding Documents prior to announcement of the results of Bidder selection;

d) Reports of the Purchaser and expert groups, evaluation reports, reports of consulting Bidder, reports of relevant specialized agencies during the Bidder selection process prior to announcement of the results of Bidder selection;

dd) Results of Bidder selection prior to the stipulated time for announcement;

e) Other documents during the Bidder selection process which are stamped "confidential" as prescribed by law.

3.8. Bid transfer, including the following acts:

a) Any Bidder transfers to another Bidder a part of work under procurement at value of 10% or more (after deducting part of work under responsibilities of subcontractors) calculated on the Contract Price;

b) The investment owner or supervision advisory accepts for the Bidder to transfer work under their duties, deducted part of work under duties of sub-contractors as stated in contract.

3.9. Holding selection of Bidder when the Sources of Funds for the procurement has not yet been determined, resulting in insolvency of the Bidder.

Above are regulations on fraud and corruption regarding bid on the procurement of goods in Vietnam. Please refer to the Circular 05/2015/TT-BKHDT for more details.

Best regards!