Chương 4 Luật Đấu thầu 2005: Quyền và nghĩa vụ của các bên trong đấu thầu

Chapter IV

RIGHTS AND OBLIGATIONS OF PARTIES IN TENDERING

Article 60 Responsibilities of the authorized person

1. To approve the tendering plan.

2. To approve, or to delegate authority to another to approve, the tender invitation documents.

3. To approve, or to delegate authority to another to approve, the results of selection of contractor.

4. To make a decision dealing with any exceptional situation during tendering.

5. To resolve protests regarding tendering.

6. To deal with breaches of the Law on Tendering pursuant to article 75 of this Law and other relevant laws.

7. To be legally liable for his or her decisions.

Article 61 Rights and obligations of investors

1. To make a decision on items relevant to pre-qualification of tenderers.

2. To approve a list of participating tenderers.

3. To establish an expert tendering group; to select a consultancy organization or a professional tendering organization pursuant to this Law to represent the investor in acting as the party calling for tenders.

4. To approve the list of tenderers who have satisfied the technical requirements, and the list ranking the tenderers.

5. To approve the results of direct appointment of contractor in the cases stipulated in sub-clauses (a) and (dd) of clause 1 of article 20 of this Law.

6. To be responsible to formulate the requirements applicable to a direct appointment tender package.

7. To be liable for the contents of contracts, for signing a contract with the selected contractor, and for fulfilling undertakings set out in the contract signed with the contractor.

8. To be legally liable for the process of selection of contractor pursuant to this Law.

9. To pay compensation for loss and damage to related parties pursuant to this Law if such loss and damage was caused by the investor's fault.

10. To provide information to the Tendering Newsletter and to the tendering website.

11. To resolve protests regarding tendering.

12. To maintain confidentiality of documents on tendering pursuant to the provisions of this Law.

Article 62 Rights and obligations of parties calling for tenders

1. A party calling for tenders shall have the following rights and obligations:

(a) To conduct preparations for tendering, to organize tendering, and to assess tenders in accordance with this Law;

(b) To request tenderers to clarify their tenders during the process of assessment of tenders;

(c) To prepare an overall report on the process of selection of contractor and to provide reports to the investor on both the results of pre-qualification and on the results of selection of contractor;

(d) To negotiate and finalize a contract on the basis of the approved results of selection of contractor;

(dd) To prepare the contents of the contract in order for the investor to consider such contents and sign the contract;

(e) To ensure honesty, objectivity and impartiality throughout the process of tendering;

(g) To pay compensation for loss and damage to relevant parties pursuant to this Law if such loss and damage was caused by the fault of the party calling for tenders;

(h) To provide information to the Tendering Newsletter and to the tendering website;

(i) To resolve protests regarding tendering;

(k) To maintain confidentiality of documents on tendering pursuant to this Law.

2. In a case where the party calling for tenders is concurrently the investor, then in addition to the rights and obligations stipulated in clause 1 of this article the party calling for tenders must also comply with article 61 of this Law.

Article 63 Rights and obligations of expert tendering groups

1. To conduct assessments of tenders correctly in accordance with the requirements and assessment criteria set out in the tender invitation documents.

2. To maintain confidentiality of documents regarding tendering pursuant to this Law throughout the process of implementation of their duties.

3. To reserve their own opinions.

4. To be honest, objective and impartial throughout the process of assessment of tenders and reporting on the results of assessment.

5. To pay compensation for loss and damage to relevant parties pursuant to this Law if such loss and damage was caused by the fault of the expert tendering group.

6. To exercise other rights and to discharge other obligations in accordance with law.

Article 64 Rights and obligations of tenderers

1. To participate in tendering in the capacity of an independent tenderer or a partnership tenderer.

2. To request the party calling for tenders to clarify the tender invitation documents.

3. To fulfil the contractual undertakings provided to the investor and to sub-contractors (if any).

4. To lodge protests, to make complaints and denunciations regarding tendering.

5. To comply with the provisions of the law on tendering.

6. To be honest and accurate during the process of participation in tendering and whilst lodging protests or making complaints and denunciations regarding tendering.

7. To pay compensation pursuant to law for loss and damage to relevant parties, if such loss and damage was caused by the fault of the tenderer.

Article 65 Rights and obligations of evaluating bodies or organizations

1. To act independently and to comply with the provisions of this Law and other relevant laws when conducting evaluations.

2. To request the investor and the party calling for tenders to provide all relevant documents and data.

3. To maintain confidentiality of documents and data throughout the process of evaluation.

4. To be honest, objective and impartial throughout the process of evaluation.

5. To reserve their own opinion and to bear liability for their evaluation report.

6. To exercise other rights and to discharge other obligations in accordance with law.