Prohibition of Disclosing Contractor Selection Results Before Official Publication

To be specific, according to the provisions of Article 89 of the 2013 Procurement Law, prohibited acts in procurement include:

- Giving, receiving, or brokering bribes.- Abusing position and authority to unlawfully interfere in procurement activities.- Collusion, including the following acts:- Agreeing to withdraw from bidding or retracting a previously submitted bid to allow one or more parties participating in the agreement to win the bid;- Agreeing for one or more parties to prepare bid documents for other bidders so that one party wins the bid;- Agreeing to refuse to supply goods, refrain from signing subcontracts, or other forms of causing difficulties for parties not participating in the agreement.- Fraud, including the following acts:- Intentionally misrepresenting or distorting information, documents, and records of a party in procurement to gain financial or other benefits or to evade any obligation;- Individuals directly evaluating expressions of interest, prequalification applications, bids, proposals, appraising the results of selecting the shortlist, selecting contractors, investors intentionally reporting falsely or providing incorrect information distorting the results of selecting contractors, investors;- Contractors, investors intentionally providing untruthful information in expressions of interest, prequalification applications, bids, proposals, distorting the results of selecting contractors, investors.- Obstruction, including the following acts:- Destroying, deceiving, altering, concealing evidence or falsely reporting; threatening, harassing, or suggesting to any party to prevent clarification of acts of giving, receiving, brokering bribes, fraud, or collusion with the authorities responsible for supervision, inspection, auditing;- Acts of obstruction against contractors, investors, authorities responsible for supervision, inspection, auditing.- Failure to ensure fairness and transparency, including the following acts:- Bidding as a contractor, investor for a bid package or project they are the procuring entity, project owner or carrying out the tasks of the procuring entity, project owner;- Participating in the preparation while simultaneously participating in the appraisal of invitation for expression of interest, prequalification applications, bidding documents, request for proposals for the same bid package or project;- Participating in evaluating bids, proposals while simultaneously participating in appraising the results of selecting contractors, investors for the same bid package or project;- Individuals belonging to the procuring entity, project owner but directly involved in the process of selecting contractors, investors, or participating in expert teams, appraisal teams of the selection results of contractors, investors or being the head of the state agency, project owner, procuring entity for bids or projects where their parents, spouse's parents, spouse, biological children, foster children, daughter-in-law, son-in-law, siblings are bidders or the legal representative of the bidders;- Contractors participating in bid packages for the procurement of goods, construction of which they previously provided consulting services;- Participating in bid packages of projects where the project owner, procuring entity is the organization where they previously worked within 12 months since leaving the organization;- Consulting contractors supervising while simultaneously conducting inspection consulting for the bid package they supervised;- Applying contractor selection forms not widely competitive when conditions are not met as prescribed by this Law;- Stating specific requirements about brand names, origins of goods in bidding documents for procurement of goods, construction, or mixed bid packages when applying open bidding or limited bidding;- Splitting projects, procurement estimates into bid packages contrary to this Law to apply direct contracting or restrict contractor participation.- Disclosure, receipt of the following documents, information about the contractor selection process, except as specified in point b, clause 7, and point e, clause 8 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, and point d, clause 4 of Article 92 of the 2013 Procurement Law:- Contents of invitation for expressions of interest, prequalification applications, bidding documents, request for proposals before issuance as regulated;- Contents of expressions of interest, prequalification applications, bids, proposals, meeting minutes, comments and evaluations on each expression of interest, prequalification application, bid, proposal before publicizing the shortlist, results of selecting contractors, investors;- Requests for clarifications of bids, proposals from the procuring entity and responses from contractors, investors during the bid evaluation process before publicizing the results of selecting contractors, investors;- Reports from the procuring entity, expert teams, and consulting contractors, related agencies during the contractor selection process before publicizing the results of selecting contractors, investors;- Results of selecting contractors, investors before being publicized according to regulations;- Other documents in the contractor selection process marked confidential according to the law.- Subcontracting, including the following acts:- Contractors subcontracting to other contractors part of the work under the bid package with a value of 10% or more or less than 10% but over 50 billion VND (after deducting work under the responsibility of the subcontractor) based on the signed contract;- Project owners, supervisory consultants agreeing for contractors to subcontract work under their responsibility, except for work under the responsibility of listed subcontractors in the contract.- Organizing contractor selection when the capital for the bid package is not determined, leading to contractors' capital debt.

Organizations and individuals violating procurement laws will be handled according to the provisions of Article 90 of the 2013 Procurement Law, Decree 63/2014/ND-CP, and Decree 50/2016/ND-CP.

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