Process of resolution of petitions in Vietnam

Process of resolution of petitions in Vietnam (Internet image)

1. What is petition?

According to Clause 33, Article 4 of the Law on Procurement 2013, petition means a request from any bidder/investor participating in bidding for reconsideration of the results of selection of bidder, results of selection of investor and regarding any other relevant matter during the process or selecting contractor, investor when such bidder or investor considers his rights and interests have been adversely affected.

2. Requirements for consideration of petition in Vietnam

Requirements for consideration of petition according to Article 118 of Decree 63/2014/ND-CP are as follows:

- The petition is submitted by the bidder.

- The petition must bear the sign of the person signing the bid-envelopes or legal representative of the bidder and the stamp (if any).

- The person in charge of considering the competitiveness receives the competitiveness under the regulations in Article 92 of the Law on Procurement 2013.

- Such proposal has not taken to court by the bidder.

- The expenditure on handling of the any petition prescribed in Clause 8 Article 9 of Decree 63/2014/ND-CP shall be paid by the bidder submitting such petition to the standing assisting division of the Advisory Council in case of petition against the bidding result handled by the competent persons.

3. The process of resolution of petitions in Vietnam

According to Article 92 of the Law on Procurement 2013, the process of resolution of petitions in Vietnam is as follows:

* The process of resolution of protests regarding matters during selection of bidders shall be performed as follows:

- A contractor may send a written protest to the investor for project; the Procuring Entity for recurrent procurement, centralized procurement since happening matters and prior to having notice of result of bidder selection;

- The investor, the Procuring Entity shall be responsible to have a document to resolve a protest made by a bidder within a time limit of 07 working days from the date of receipt of the written protest of the bidder;

- If the investor, the Procuring Entity has no document to resolve the protest or if the bidder disagrees with the result of resolution of protest, the bidder shall have the right to lodge the protest with the authorized person within 05 working days, as from the expired day of replying or day of receiving document of resolution of protest made by investor, the Procuring Entity;

- The authorized person shall be responsible to resolve a protest made by a bidder within a time limit of 15 working days from the date of receipt of the written protest of the bidder.

* The process of resolution of protests regarding result of selection of bidders shall be performed as follows:

- A bidder may send a written protest to the investor for project; the Procuring Entity for recurrent procurement, centralized procurement in period of 10 days after having notice of result of bidder selection;

- The investor, the Procuring Entity shall be responsible to have a document to resolve a protest made by a bidder within a time limit of 07 working days from the date of receipt of the written protest of the bidder;

- If the investor, the Procuring Entity has no document to resolve the protest or if the bidder disagrees with the result of resolution of protest, the bidder shall have the right to lodge the protest with the authorized person and the Consulting Council for resolution of protests within 05 working days, as from the expired day of replying or day of receiving document of resolution of protest made by investor, the Procuring Entity.

The Minister of Planning and Investment shall establish a Consulting Council for Resolution of Protests at central level; the Ministers, Deputy Ministers of Ministerial agencies shall establish the Councils at ministerial level; the heads of regulatory bodies on bidding at localities shall establish the Councils at local level;

- When receiving written protest, the Consulting Councils for Resolution of Protests shall be entitled to request the bidders, investors, the Procuring Entity and relevant agencies for information provision in order to consider and have written report to the competent person about the plan and content or replying protest within 20 days, after receiving the written protest made by the bidder;

- In necessary case, the Consulting Councils for Resolution of Protests shall, based on the written protest made by the bidder, suggest the competent person to consider for temporary suspension of the bid. If accepting, within 05 working days, after receiving the document of the Consulting Council for Resolution of Protests, the competent person shall issue a written notice about temporary suspension of the bid.

The document of temporary suspension of the bid must be sent to the investor, the Procuring Entity, bidder within 03 working days after issuing the written notice about temporary suspension of the bid. Duration of temporary suspension of the bid shall be calculated from the date the investor, the Procuring Entity receive the notice of temporary suspension until the competent person issues a document to resolve protest;

- The competent person shall issue decision on resolution of protest regarding result of selection of bidder within 05 working days, after receiving the written opinion of the Consulting Council for Resolution of Protests.

* The process of resolution of protests regarding matters during selection of investors shall be performed as follows:

- The investor may send a written protest to the Procuring Entity as from happening events and prior to having notice of result of selection of investor;

- The Procuring Entity shall be responsible to have a document to resolve a protest made by an investor within a time limit of 15 days from the date of receipt of the written protest of the investor;

- If the Procuring Entity has no document to resolve the protest or if the investor disagrees with the result of resolution of protest, the investor shall have the right to lodge the protest with the authorized person within 05 working days, as from the expired day of replying or day of receiving document of resolution of protest made by the Procuring Entity;

- The authorized person shall be responsible to resolve a protest made by an investor within a time limit of 05 working days from the date of receipt of the written protest of the investor.

* The process of resolution of protests regarding result of selection of investor shall be performed as follows:

- An investor may send a written protest to the Procuring Entity in period of 10 days after having notice of result of investor selection;

- The Procuring Entity shall be responsible to have a document to resolve a protest made by an investor within a time limit of 15 days from the date of receipt of the written protest of the investor;

- If the Procuring Entity has no document to resolve the protest or if the investor disagrees with the result of resolution of protest, the investor shall have the right to lodge the protest with the authorized person and the Consulting Council for resolution of protests within 05 working days, as from the expired day of replying or day of receiving document of resolution of protest made by the Procuring Entity;

- When receiving written protest, the Consulting Councils for Resolution of Protests shall be entitled to request the investors, the Procuring Entity and relevant agencies for information provision in order to consider and have written report to the competent person about the plan and content or replying protest within 30 days, after receiving the written protest made by the investor;

- In necessary case, the Consulting Councils for Resolution of Protests shall, based on the written protest made by the investor, suggest the competent person to consider for temporary suspension of the bid. If accepting, within 10 days, after receiving the document of the Consulting Council for Resolution of Protests, the competent person shall issue a written notice about temporary suspension of the bid.

The document of temporary suspension of the bid must be sent to the Procuring Entity, investor within 05 working days after issuing the written notice about temporary suspension of the bid. Duration of temporary suspension of the bid shall be calculated from the date the Procuring Entity receives the notice of temporary suspension until the competent person issues a document to resolve protest;

- The competent person shall issue decision on resolution of protest regarding result of selection of investor within 10 days, after receiving the written opinion of the Consulting Council for Resolution of Protests.

* If a bidder or investor sends a written protest directly to the competent person without observance with the processes of resolution of protests specified in this Article, such written protest shall not be considered for settlement.

Quoc Dat

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