Handling Violations in Bidding for Projects under the PPP Model

The handling of violations in bidding for projects in the form of PPP is regulated by Circular 15/2016/TT-BKHDT as follows:

- Organizations and individuals who violate the bidding laws and other relevant legal provisions, depending on the nature and severity of the violation, shall be subject to disciplinary action, administrative penalties, or criminal prosecution; in cases where damage is caused to the interests of the State, the legitimate rights, and interests of organizations and individuals, compensation for the damage must be provided.- In addition to being handled as per the above regulations, depending on the nature and severity of the violation, organizations and individuals violating bidding laws may also be prohibited from participating in bidding activities and blacklisted as violating investors on the National Bidding Network System.- In cases where the violation leads to a ban on participating in bidding activities, the violating investor may be prohibited from participating in bidding activities for projects under the management authority of the Competent Person, or in a Ministry, sector, locality, or nationwide as stipulated in Clause 3 Article 90 of the Bidding Law.- Public handling of violations:

- The decision on handling the violation shall be sent to the offending organization or individual and the relevant agencies and organizations, while also being sent to the Ministry of Planning and Investment for monitoring and summarization;- The decision on handling the violation shall be posted on the Bidding Newspaper and the National Bidding Network System.

See the related regulations in Circular 15/2016/TT-BKHDT which took effect from November 15, 2016.

- Thanh Lam -

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