Currently, the form of bidding is very popular, through which to select the right contractor for the project of the head owner, known as the bid solicitor. Once the bidding results are available, competent agencies, entities, and bidding units must provide information and post bidding information on the national bidding website, the Procurement Newspaper, However, if you do not do so, you will punish according to the provisions of the law. So, how are you penalized for not posting bidding results? So, let’s find out with Lawyer X about this issue!
Legal grounds
Law on Bidding 2013
What is a tender?
Bidding is the process of selecting a contractor to sign and perform a contract for the provision of consulting services; non-consulting services; goods procurement, construction, and installation; select investors to sign and perform investment project contracts in the form of public-private partnership; investment projects using land-based on ensuring competition; equal; transparency and economic efficiency.
What is the penalty for not posting bidding results?
Laws
According to the Law on Bidding, information must post on the national bidding network system; Then the bidding newspaper includes the Results of the selection of contractors and investors.
According to the law, the contractor selection results must post on the national bidding network system, the Procurement Newspaper. At the same time, according to regulations, the Ministry of Planning and Investment must be responsible for posting about bidding. When detecting invalid information, the Ministry of Planning and Investment must be responsible for notifying the national bidding network system, and the Procurement Newspaper so that information providers know, correct, and complete it for information. posted. Then, if the information does not post in the bidding, the units will handle violations.
Handling violations
According to Article 22, Decree 50/2016/ND-CP stipulating penalties for administrative violations in the field of planning and investment: “Violation of regulations on posting information in bidding:
1. A warning or a fine of between VND 500,000 and 1,000,000 shall be imposed for posting the Contractors according to Vietnamese law; investors later than prescribed but before the time of notice of invitation for bids; send invitations to bid for bidding packages; the first implementation project of the contractor selection plan, investor.
2. A fine of between VND 1,000,000 and 5,000,000 shall be imposed for one of the following acts:
a) Above all, posting the contractor selection plan; investors after the time of notice of invitation to bid; send invitations to bid for bidding packages; the first implementation project of the contractor and investor selection plan;
b) Then, posting incomplete information about bidding or not by authority.
3. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for failing to post bidding information.”
Thus, in the case of not posting bidding information on contractor selection results; investors will be administratively sanctioned from 5,000,000 VND to 10,000,000 VND. Or when not posting bidding information, they will be issued from 5,000,000 VND to 10,000,000 VND.
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Bidding conditions of contractors in Vietnam
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Frequently asked questions
The maximum time for approving contractor selection results is 03 working days; from the date of receipt of the request for approval of contractor selection results from the bid solicitor; and the appraisal report of the appraisal unit
The submission, appraisal, approval, and publicization of contractor selection results comply with the provisions of Article 20 of Decree 63/2013/ND-CP.
The maximum time for appraisal of contractor selection results is 04 working days from the date of receipt of the dossier submitted for the appraisal;
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