Award-winning contractors for construction quality are considered priorities when participating in bidding in Vietnam

Award-winning contractors for construction quality are considered priorities when participating in bidding in Vietnam (Internet image)

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

1. Award-winning contractors for construction quality are considered priorities when participating in bidding in Vietnam

According to Article 8 of Circular 174/2021/TT-BQP , awards for construction quality are as follows:

(i) Awards for construction quality include the following forms:

- National award for quality of construction works;

- Award of high-quality construction works and other quality awards.

(ii) Contractors who win awards for the quality of construction works specified in Clause (i) are considered for priority when participating in bidding in construction activities in accordance with the law on bidding.

The awards used as a basis for prioritizing the contractor are the awards achieved by the contractor in the last 3 years up to the time of registration to participate in the bid. The investor is responsible for specifying the above-mentioned contents in the bidding documents.

(iii) The Ministry of Construction organizes and considers construction quality awards according to the provisions of Clause 4, Article 162 of Law No. 50/2014/QH13.

Thus, the award-winning contractors for construction works are given priority consideration when participating in bidding in construction activities in accordance with the law on bidding.

2. Is it required to submit a report for the construction quality award in Vietnam?

Pursuant to Article 20 of Circular 174/2021/TT-BQP, regulations on awards for construction work quality, contractors shall comply with the provisions of Section 1.

Before registering to participate in the award for construction quality, the investor must report and obtain the approval of the specialized construction agency of the Ministry of National Defense.

Thus, when participating in the award for the quality of construction works, the investor must report and get the approval of the specialized construction agency of the Ministry of National Defense.

3. Objects and forms of handling administrative violations in construction activities in Vietnam

Objects and forms of handling administrative violations in construction activities in Clause 1, Article 21 of Circular 174/2021/TT-BQP are as follows:

- Organizations and individuals carrying out construction activities in the form of construction contracts that have committed acts that affect the quality of construction works or cause loss or waste in construction investment will be punished and have to remedy the consequences.

The investor is responsible for stipulating the content of the handling of violations in the construction contract, in which case handling forms apply according to the provisions of Chapter II of Decree 139/2017/ND-CP stipulating administrative sanctions in construction activities;

Agencies, units, soldiers, civil servants, and public employees assigned to perform construction activities commit acts that affect the quality of construction works or cause losses or waste in construction investment. Depending on the nature and seriousness of the violation, it will be administratively handled or examined for penal liability according to the provisions of Circular 16/2020/TT-BQP stipulating the application of disciplinary forms, orders, procedures, statute of limitations, time limit, and disciplinary handling competence in the Ministry of National Defense.

Nguyen Ngoc Que Anh

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