Chương X Luật Đấu thầu 2013: Quản lý nhà nước về hoạt động đấu thầu

Chapter 10.

STATE MANAGEMENT OF BIDDING ACTIVITIES

Article 81. Content of state management of bidding activities

1. Promulgating, disseminating, propagating, guiding and organizing implementation of legal documents and policies on bidding.

2. Granting certificates of practicing in bidding operation.

3. Managing the work of training and capacity building on bidding.

4. Summarizing, assessing and reporting on the status of implementation of bidding activities.

5. Administering on a nationwide basis the bidding information system.

6. Monitoring, supervising, checking, inspecting, resolving protests, complaints and whistleblowing regarding bidding, and dealing with breaches of the law on procurement in accordance with this Law and other relevant laws.

7. Conducting international cooperation on bidding.

Article 82. Responsibilities of Government and the Prime Minister

1. The Government shall exercise unified administration of bidding throughout the country.

2. The Prime Minister shall discharge the following responsibilities:

a) Make decisions on the bidding issues stipulated in article 73 of this Law for projects under his competence;

b) Approve plan on selection of bidders/investors in special cases;

c) Direct the work of conducting inspections and of resolving complaints, whistleblowing and dealing with breaches of the law in accordance with this Law and the other relevant law;

d) Discharge other responsibilities in accordance with this Law and other relevant laws.

Article 83. Responsibilities of the Ministry of Planning and Investment

1. To be responsible before the Government for the exercise of unified state administration of bidding activities nationwide as prescribed in Article 81 of this Law.

2. In addition to provision at Clause 1 this Article, the Ministry of Planning and Investment shall have the following responsibilities:

a) To evaluate plans on selection of bidder/ investor in projects under the consideration and decision competence of the Prime Minister;

b) To build up, manage, guide use of the national bidding website and bidding newspaper;

c) To perform other tasks on bidding as assigned by Government and the Prime Minister.

Article 84. Responsibilities of ministries, ministerial equivalent bodies, and all level people's committees

Ministries, ministerial equivalent bodies, and all level people's committees shall, within their tasks and powers, have the following responsibilities:

1. To exercise administration of bidding work;

2. To summarize, assess and report on the status of implementation of bidding activities;

3. To resolve protests regarding bidding;

4. To conduct checks and inspections, resolve complaints, whistleblowing, and with breaches of the law on procurement;

5. To organize the capacity building of bidding knowledge for cadres, civil servants and public employees engaged in bidding work;

6. In cases where a minister, head of a ministerial equivalent body or chairman of a people's committee at any level is concurrently the authorized person, then such minister, head or chairman must also discharge the responsibilities stipulated in article 73 of this Law; if being investor, he must also discharge the responsibilities stipulated in article 74 of this Law.

Article 85. Responsibilities of the organization operating National E-procurement System

1. To manage and operate National E-procurement System.

2. To maintain confidentiality of documents and data throughout the process of bidding through net work in accordance with regulations.

3. To supply services to guide investors, the Procuring Entity, bidders/investors in bidding online, and registering, publishing information on National E-procurement System.

4. To save information in serve of searching, monitoring, supervising, checking, inspecting and auditing.

5. To publish conditions on information technology infrastructure of users when participating in bidding online.

Article 86. Dealing with exceptional situations

1. Dealing with exceptional situations means settlement of cases arising in bidding which have not yet been stipulated specifically clearly in law on procurement. The person making a decision on dealing with any exceptional situation in bidding shall be responsible before the law for his decision on the basis of ensuring the following principles:

a) Ensuring competitiveness, fairness, transparency and economic efficiency;

b) Acting on the basis of the approved plan on selection of bidder/ investor, EOI requests, Prequalification Documents, Bidding Documents, Request for Proposals, EOI responses, Applications, Bids, Proposals; result of selection of bidder/ investor; the contract signed with selected bidder/investor; practical situation of performance of packages and projects.

2. Competencies for dealing with exceptional situations in bidding:

a) For contractor selection to perform packages of project, the person making decision to deal with exceptional situations is investor. In complex cases, the investor may make decision on dealing with exceptional situations after consulting the competent person;

b) For selection of tenders in recurrent procurement, centralized procurement, the person making decision to deal with exceptional situations is the Procuring Entity;

c) For investor selection, the person making decision to deal with exceptional situations is competent person.

3. The Government shall elaborate this Article.

Article 87. Inspection, examination and supervision of bidding activities

1. Inspection of bidding activities:

a) Bidding inspections shall be carried out and applied to organizations and individuals who are involved in bidding activities specified in this Law;

b) The bidding Inspectorate shall be the specialized inspectorate for the bidding sector. The organization and operations of the bidding Inspectorate shall be performed in accordance with the law on inspections.

2. Checks of bidding activities:

a) Checks of bidding activities include:

checks of promulgation of documents guiding on bidding of Ministries, sectors, localities and enterprises; checks of training on bidding, checks of formulation and approval of plan on selection of bidder/ investor; checks of selection of bidder/ investor; conclusion in contracts and other activities involving bidding;

b) Checks of bidding shall be conducted regularly or irregularly under decisions on the heads of agencies competent to check.

3. Supervision of bidding activities:

Supervision of bidding activities is regular work of the competent person aiming to ensure the observance of process of selection of bidder and investor with this Law.

4. The Government shall elaborate this Article.

Article 88. Complaints and whistleblowing

The making of complaints and whistleblowing and the resolution of such complaints and whistleblowing on bidding shall be performed in accordance with the law on complaints and whistleblowing.