Vietnam: A fine of up to VND 15 million shall be imposed for failure to send bid opening records to bidders

According to Decree No. 50/2016/NĐ-CP of Vietnam’s Government, a fine of VND 10,000,000 - VND 15,000,000 shall be imposed for failure to send bid opening records to bidders. Specifically, according to Clause 3 Article 20 of Decree No. 50/2016/NĐ-CP, penalties for violations against regulations on organization of contractor/investor selection, assessment of expressions of interest, applications for prequalification, bids, proposals are as follows:

Article 20. Violations against regulations on organization of contractor/investor selection, assessment of expressions of interest, applications for prequalification, bids, proposals

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3. A fine of VND 10,000,000 - VND 15,000,000 shall be imposed for any of the following violations:

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

b) Failure to send bid opening records to bidders;

c) Failure to evaluate expressions of interest, applications for prequalification, bids, proposals of bidders/investors;

d) Failure to notify the result of contractor/investor selection.

Also according to Decree No. 50/2016/NĐ-CP, a fine of VND 15,000,000 - VND 20,000,000 shall be imposed for any of the following violations:

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

- 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.

In particular, a fine of VND 30,000,000 - VND 40,000,000 shall be imposed for any of the following violations:

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

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

Nguyen Trinh

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