Procedures for resolving complaints regarding investor selection in Vietnam

Procedures for resolving complaints regarding investor selection in Vietnam (Internet image)

1. Procedures for resolving complaints regarding investor selection in Vietnam

The Procedures for resolving complaints regarding investor selection in Vietnam as stipulated in Article 92 of the Law on Bidding 2023 is as follows:

- Resolution of complaints regarding issues prior to the announcement of investor selection results is executed as follows:

+ Investors, agencies, organizations send complaint petitions to the procuring entity before the announcement of investor selection results;

+ The procuring entity must issue a written resolution to the investor, agency, or organization within 15 days from the date of receiving the complaint petition from the investor, agency, or organization;

+ In case the investor, agency, or organization disagrees with the resolution outcome or if the time limit specified in point b of this section is exceeded without a written resolution from the procuring entity, the investor, agency, or organization has the right to submit a complaint petition to the competent authority within 5 working days after the expiration of the resolution time limit or the receipt of the resolution document from the procuring entity;

- The competent authority must issue a written resolution to the investor, agency, or organization within 5 working days from the date of receiving the complaint petition from the investor, agency, or organization.

- Resolution of complaints after the announcement of investor selection results is conducted via one of the following two processes:

+ The investor submits a complaint petition to the procuring entity within 10 days from the date of the announcement of investor selection results. The procuring entity must issue a written resolution to the investor within 15 days from the date of receiving the complaint petition from the investor.

If the investor disagrees with the resolution result or if the resolution time specified at this point is exceeded without a written resolution from the procuring entity, the investor has the right to submit a complaint to the competent authority through the standing division within 5 working days after the expiration of the resolution time or the day of receiving the resolution document from the procuring entity.

The competent authority shall issue a decision resolving the complaint about the investor selection result within 10 days from the date of receiving the written opinions of the Advisory Council for Resolving Complaints;

+ The investor submits a complaint petition to the competent authority through the standing division within 10 days from the date of announcement of investor selection results. The competent authority shall issue a decision resolving the complaint about the investor selection result within 10 days from the date of receiving the written opinions of the Advisory Council for Resolving Complaints.

- The complaint resolution period stipulated in clauses 1 and 2, Article 92 of the Law on Bidding 2023 is counted from the date the administrative division of the responsible entity receives the complaint petition or the date the complaint petition is sent on the national bidding network.

- If necessary, the Advisory Council for Resolving Complaints will base on the investor's complaint petition to request the competent authority to consider temporarily suspending contract signing and performance. If the suggestion of the Advisory Council is accepted, within 10 days from the date of receiving the document, the competent authority must issue a document notifying the temporary suspension of contract signing or performance, clearly determining the suspension duration.

- The resolution document must include a conclusion on the matters complained about by the investor; if the complaint is found to be valid, the resolution document must clearly state measures, methods, and time to remedy the consequences (if any); the complaining investor will receive back the complaint resolution fees paid. If the investor's complaint is found to be invalid, the response document must clearly explain the reasons; the investor will not receive a refund of the complaint resolution fees paid.

- If disagreeing with the competent authority's resolution decision, the procuring entity, or the investor has the right to file a lawsuit in court.

2. Responsibilities of contractors, investors in Vietnam

The responsibilities of contractors and investors in Vietnam as stipulated in Article 82 of the Law on Bidding 2023 are as follows:

- Request the procuring entity to clarify the interest dossier, preliminary selection dossier, bidding dossier, and request dossier.

- Provide relevant information and documents and explain the fulfillment of responsibilities as stipulated in Article 82 of the Law on Bidding 2023 upon request from competent authorities, investors, procuring entities, inspection agencies, or state management agencies in bidding activities.

- In addition to the responsibilities stipulated in clauses 1 and 2 of Article 82 of the Law on Bidding 2023, contractors, and investors participating in the national bidding network must also fulfill the following responsibilities:

+ Equip information technology infrastructure when participating in online bidding;

+ Bear legal responsibility for the accuracy and honesty of the information registered and posted on the national bidding network.

- Execute the contents as per the signed contract.

- Fulfill other responsibilities as stipulated in the Law on Bidding 2023 and other relevant legal provisions.

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