10 Inequality and intransparency acts in bidding in Vietnam

10 Inequality and intransparency acts in bidding in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. What is bidding?

Bidding refers to the process of selecting a contractor to enter into and execute a contract for the provision of consulting services, non-consulting services, procurement of goods or construction; selecting investors to sign and execute investment contracts for execution of projects where land is used on the basis of ensuring competition, fairness, transparency and economic efficiency.

(Clause 12, Article 4 of the Law on bidding 2013, as amended in the Law on Public – Private Partnership Investment 2020)

2. Inequality and intransparency acts in Vietnam

Inequality and intransparency acts in bidding is one of the prohibited acts in bidding.

According to Clause 6, Article 89 of the Law on bidding 2013, inequality and intransparency, including the following acts:

(1) Making a bid as a bidder/investor in a procurement, project for which it is also the Procuring Entity, investor or person performing tasks of the Procuring Entity, investor;

(2) Formulating and engaging in evaluation of dossier of invitation for expression of interest, Prequalification Document, Bid, Request for Proposals for a same procurement, project;

(3) Engaging in evaluation of Bids, Proposals, concurrently evaluate result of selection of bidder/ investor for a same package, project;

(4) Any individual of the Procuring Entity, investor directly participates in the process of selection of bidder/ investor or participate in expert groups, evaluation groups for result of selection of bidder/ investor, or a head of competent regulatory body, investor, the Procuring Entity for packages, projects in which his or her natural parent, parent-in-law, spouse, natural child, adopted child, son or daughter-in-law or sibling participates give their name in bidding or are representatives in law of bidders/investors making the bid;

(5) Participation by a bidder in bidding for goods procurement, works in a procurement for which such participant previously has provided consulting services;

(6) Provision of one's name as the bidder for a procurement belonging to a project of an organization or body for which such person worked, within a period of 12 months from the date on which such person ceased to work for such body or organization;

(7) Being consulting bidder for supervision concurrently provide the verification consulting for the procurement which is under supervision of bidder;

(8) Application of a form of selection of bidder/ investor other than competitive bidding when the conditions stipulated in this Law have not been satisfied;

(9) Imposition of specific requirements regarding brand names and country of origin of goods in Bid Documents applicable to procurement for procurement of goods, for works and mixed packages when applying forms of competitive bidding, limited bidding;

(10) Division of a project, estimate for procurement into packages contrary to the provisions in this Law with the aim to apply Direct Contracting or limit participation of bidders.

3. What information must be published on National E-procurement System, bidding newspaper in Vietnam?

All information must be published on National E-procurement System, bidding newspapers including:

- The plan on selection of bidders/investors;

- Notice of invitation for expression of interest, notice of invitation for prequalification;

- Notice of Proposed Procurement, Invitation to Bid;

- Short list;

- Results of selection of bidders/investors;

- Results of bid opening for online bidding;

- Information on handling of violations of law on procurement;

- Legal documents on bidding;

- List of investment projects in the form of public-private partnership, projects with land use;

- The database of bidders/investors, bidding experts, lecturers of bidding, and establishments of training on bidding;

- Other relevant information.

(Clause 1, Article 8 of the Law on bidding 2013, as amended in the Law on Public – Private Partnership Investment 2020)

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE