Vietnam: Summary of fines for violations against regulations on bidding

No.

Type of violation

Violation

Fine

1

Violations against regulations on planning contractor/investor selection

Failure to carry out a prequalification before making an investor selection plan

VND 10,000,000 - VND 15,000,000

Failure to follow procedures for making, appraising, approving the contractor/investor selection plan

Failure to appraise the contractor/investor selection plan before approving it

Verifying, approving the contractor/investor selection result before the contractor/investor selection plan is approved

VND 15,000,000 - VND 20,000,000

Dividing procurements that fail to satisfy technical, procedure, uniformity requirements of the project reducing the competitiveness of bidding

VND 20,000,000 - VND 30,000,000

2

Violations against regulations on request for expression of interest, prequalification documents, bidding documents, request for proposals

Failure to prepare a request for proposals for procurements of an urgent work

VND 5,000,000 - VND 10,000,000

Failure to appraise the request for expression of interest, prequalification documents, bidding documents, or request for proposals before approving it

VND 10,000,000 - VND 15,000,000

Making, appraising, or approving the request for expression of interest, prequalification documents, bidding documents, or request for proposals ultra vires

Making, appraising, or approving the request for expression of interest, prequalification documents, bidding documents, or request for proposals against regulations of law on bidders’ qualification, bidding incentives, employment of domestic workers, use of domestic goods, assessment standards

VND 15,000,000 - VND 20,000,000

Making, appraising, or approving the request for expression of interest, prequalification documents, bidding documents, or request for proposals against regulations of law on bidders’ qualification or incentives in investor selection

Imposing conditions to restrict participation of bidders or give advantage to one or some bidders and thus causing unfair competition

Imposing standards for assessing the request for expression of interest, prequalification documents, bidding documents, or request for proposals that are not appropriate for the scale or technical characteristics of the procurement

Approving a bidding documents or request for proposals that is not conformable with the approved contractor/investor selection plan

VND 20,000,000 - VND 30,000,000

3

Violations against regulations on organization of contractor/investor selection, assessment of expressions of interest, applications for prequalification, bids, proposals

Failure to specify or correctly specify the address from which the request for expression of interest, prequalification documents, bidding documents, request for proposals is sent in the invitation letter

VND 1,000,000 - VND 5,000,000

Changing or clarifying the bidding documents or request for proposals without request

Refusing to receive expressions of interest, applications for prequalification, bids, or proposals from bidders/investors

Failure to publish the request for expression of interest, bidding documents, request for proposals, prequalification documents according to the time and location written on the invitation

VND 5,000,000 - VND 10,000,000

Failure to adhere to the time for bid opening and bid closing specified in the bidding documents or invitation letter

VND 10,000,000 - VND 15,000,000

Failure to send bid opening records to bidders

Failure to send bid opening records to bidders

Failure to notify the result of contractor/investor selection

Submitting, appraising, approving, publishing a shortlist or contractor/investor selection result that is incorrect or contains inadequate information, or ultra vires

VND 15,000,000 - VND 20,000,000

Failure to verify the shortlist, list of bidders/investors satisfying technical requirements in case of single-stage two-envelope procedures or two-stage two-envelope procedures

Failure to organize the verification of the contractor/investor selection result before approving it

Submitting, verifying, approving the contractor/investor selection result against the contractor/investor selection plan

Evaluating bids or proposals against approved evaluation standards in the bidding documents or request for proposals without changing the contractor/investor selection result

Evaluating bids or proposals against approved evaluation standards in the bidding documents or request for proposals changing the contractor/investor selection result

VND 30,000,000 - VND 40,000,000

Allowing bidders to clarify their bids and thus changing the nature of bidders

4

Allowing bidders to clarify their bids and thus changing the nature of bidders

Failure to carry out a contract negotiation in contractor selection or preliminary contract negotiation in investor selection

VND 10,000,000 - VND 15,000,000

Concluding a contract before the contractor/investor selection result is approved

VND 15,000,000 - VND 20,000,000

5

Violations against regulations on posting bidding information

Posting the investor/contractor selection plan behind schedule but before the invitation to bid for the first procurement or project of the investor/contractor selection plan is sent

A warning or a fine of VND 500,000 - VND 1,000,000

Posting the investor/contractor selection plan after the invitation to bid for the first procurement or project of the investor/contractor selection plan is sent

VND 1,000,000 - VND 5,000,000

Posting inadequate bidding information or posting bidding information ultra vires

Failure to post bidding information

VND 5,000,000 - VND 10,000,000

6

Administrative violations against other regulations on bidding

Failure to return or release the deposit paid as bid security to the contractor or investor

VND 5,000,000 - VND 10,000,000

Establishing an expert group which consists of unqualified members

Failure to retain or adequately retain documents during the contractor/investor selection process

Participating in the bidding as an individual without satisfying all requirements

VND 10,000,000 - VND 15,000,000

Preparing an application for prequalification or expression of interest or bid in an untruthful manner