From January 01, 2021, Application of Resolution of Complaints in Investor Selection

From January 01, 2021, the resolution of petitions in investor selection will be applied (Illustrative image)

To be specific, in Article 96 of the Law on Public-Private Partnership Investment 2020, the procedure for resolving petitions regarding issues during the investor selection process is stipulated as follows:

- Investors must submit their petition in writing to the bid solicitor from the occurrence of the event up until before the announcement of the investor selection results;- The bid solicitor must provide a written resolution to the petition to the investor within 07 working days from the date of receiving the written petition from the investor;- In case the bid solicitor does not provide a resolution or the investor does not agree with the resolution of the petition, the investor has the right to submit a written petition to the competent authority within 05 working days from the expiration of the reply period or from the date of receiving the bid solicitor's petition resolution;- The competent authority must provide a written resolution to the petition to the investor within 07 working days from the date of receiving the investor's written petition.

Additionally, this Law also stipulates the procedure for resolving petitions regarding the investor selection results as follows:

- Investors must submit their petition in writing to the bid solicitor within 10 days from the date of receiving the investor selection results announcement;- The bid solicitor must provide a written resolution to the petition to the investor within 15 days from the date of receiving the investor's written petition;- In case the bid solicitor does not provide a resolution or the investor does not agree with the resolution of the petition, the investor has the right to simultaneously submit a written petition to the competent authority and the permanent body of the Advisory Council for petition resolution within 05 working days from the expiration of the reply period or from the date of receiving the bid solicitor's petition resolution;- Upon receiving the petition, the Advisory Council for petition resolution has the power to request the investor, the bid solicitor, and relevant agencies to provide information for consideration and to report in writing to the competent authority on the solution and content for petition resolution within 30 days from the date of receiving the investor's written petition;- If necessary, based on the investor's written petition, the Advisory Council for petition resolution may request the competent authority to consider temporarily suspending the procurement. If approved, within 05 working days from the date of receiving the Advisory Council's written request, the competent authority will issue a written notice to suspend the procurement. The suspension notice must be delivered to the bid solicitor and the investor within 05 working days from the date of issuing the suspension notice. The suspension period is calculated from the date the bid solicitor receives the suspension notice until the competent authority issues a resolution to the petition;- The competent authority must issue a decision resolving the petition regarding the investor selection results within 10 days from the date of receiving the Advisory Council's written opinion on the petition resolution.

Note: If the investor submits a written petition directly to the competent authority without following the prescribed petition resolution procedure, the petition will not be considered or resolved.

For more details, please refer to the Law on Public-Private Partnership Investment 2020 which is effective from January 01, 2021.

Ty Na

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE