Responsibilities of the competent person in the selection of bidders and investors in Vietnam

Responsibilities of the competent person in the selection of bidders and investors in Vietnam (Internet image)

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

1. Who is competent person?

According to Clause 34, Article 4 of the Law on Bidding 2013, competent person means person who decides on the approval of project or person who decides on procurement as prescribed by law.

In case of selection of investor, the competent person means the head of competent regulatory body as prescribed by the law in Vietnam.

2. Responsibilities of the competent person in the selection of bidders and investors in Vietnam 

Responsibilities of the competent person in Vietnam as prescribed in Article 73 of the Law on Bidding 2013 are as follows:

- To approve the plan on selection of bidder/ investor, except for case defined at point a Clause 1 Article 74 of the Law on Bidding 2013.

- To resolve protests during selection of bidder/ investor.

- To deal with breaches of bidding in accordance with the Law on Bidding 2013 and other relevant laws.

- To cancel bid as prescribed at Clauses 2, 3 and 4 Article 17 of the Law on Bidding 2013.

- To suspend bid, to refuse recognition of result of selecting bidder/investor, or to declare invalidity to decisions of the investor, the Procuring Entity when detecting violations of bidding or other provisions of relevant law.

- To inspect, supervise, monitor the work of bidding and contract performance.

- For the selected bidder, apart from provisions at Clauses 1, 2, 3, 4, 5 and 6 of Article 73 of the Law on Bidding 2013, the competent person shall have the following responsibilities:

+ To adjust tasks and competence of investor in case of failing to meet legislation on bidding and requirements of project, package;

+ To require the investor, the Procuring Entity to supply dossiers, documents in order to serve the inspection, supervision, monitoring, settlement of protests, handling of violations on bidding and works defined at Clause 4 and clause 5 of Article 73 of the Law on Bidding 2013;

+ To give opinions on handling of complex circumstances at the proposal of the investor defined at point a clause 2 Article 86 of the Law on Bidding 2013.

- For the selected investor, apart from provisions at Clauses 1, 2, 3, 4, 5 and 6 of Article 73 of the Law on Bidding 2013, the competent person shall have the following responsibilities:

+ To decide on selection of the Procuring Entity;

+ To approve Prequalification Document, result of prequalification, Bid, Request for Proposals, result of investor selection;

+ To make a decision dealing with any exceptional situation;

+ To sign and manage the contract performance;

+ To cancel bid as prescribed at Clause 1 Article 17 of the Law on Bidding 2013;

+ To require the Procuring Entity to supply dossiers, documents in order to serve the inspection, supervision, monitoring, settlement of protests, handling of violations on bidding and works defined at Clause 4 and clause 5 of Article 73 of the Law on Bidding 2013.

- To decide on establishment of the Procuring Entity with personnel satisfying the conditions as prescribed by this Law in case of investor selection for recurrent procurement.

If the personnel fails to satisfy, the competent person must conduct selection of a professional bidding organization to act as the Procuring Entity or to perform some of tasks of the Procuring Entity.

- To pay compensation for loss and damage to relevant parties pursuant to the Law on Bidding 2013 if such loss and damage was caused by the competent person’s fault.

- To make explanations for observance with provisions in this article at the request of superior agencies, inspection agencies, regulatory bodies on bidding activities.

- To perform other tasks as prescribed in the Law on Bidding 2013.

Vo Van Hieu

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE