Prohibition on Abusing Positions to Illegally Interfere with Bidding Activities

22:55, 10/07/2024

This is a noteworthy provision stipulated in Circular 15/2016/TT-BKHDT guiding the preparation of prequalification documents and bidding documents for the selection of investors to implement investment projects under the public-private partnership model.

Exploiting positions to illegally interfere with bidding activities is one of the prohibited acts in the selection of contractors for projects in the form of PPP. Additionally, the following acts are also prohibited:

- Giving, receiving, or brokering bribes.- Bid collusion, including the following acts:

- Agreement on withdrawing from bidding or withdrawing a previously submitted bid to allow one or more parties in the agreement to win the bid;- Agreement to have one or more parties prepare Prequalification Documents (PQD), Bid Documents (BD) for the participating parties to ensure one party wins the bid;- Agreement on refusing to supply goods, not signing contracts with the contractor, or other forms creating difficulties for parties not participating in the agreement.

- Fraud.- Obstruction.- Failure to ensure fairness and transparency.- Disclosing or receiving important documents and information about the investor selection process, except as stipulated in Point e, Clause 8, Article 73, Point 1, Clause 3, Article 75, Clause 7, Article 76, Clause 7, Article 78, and Point d, Clause 4, Article 92 of the Bidding Law.

View the full regulation at Circular 15/2016/TT-BKHDT, effective from November 15, 2016.

- Thanh Lam -

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