Chương VIII Luật đấu thầu 2023: Trách nhiệm của các bên trong hoạt động đấu thầu

Chapter VIII

RESPONSIBILITIES OF PARTIES IN BIDDING

Article 77. Responsibilities of competent persons

1. Consider approving the contractor selection master plan as prescribed in Article 36 of this Law.

2. Consider approving contractor selection plans as prescribed in Articles 40 and 41 of this Law.

3. Organize appraisal of the contents specified in Clauses 1 and 2 of this Article.

4. Suspend bidding process, refuse to recognize contractor/investor selection results, and impose penalties for violations in bidding sector in accordance with the provisions of this Law and relevant laws.

5. Cancel bidding process in the cases specified Points b, c, d, dd Clause 1 and Points b, c, d, dd Clause 2 Article 17 of this Law.

6. Settle petitions arising during the contractor/investor selection as prescribed in this Law.

7. Organize inspection and supervision of bidding activities and contract execution.

8. In case of contractor selection, in addition to the responsibilities specified in Clauses 1 through 7 of this Article, a competent person shall also discharge the following:

a) Adjust tasks and powers of the employer in case of failure to satisfy the conditions laid down in this Law and requirements of the project or package;

b) Request the employer or the procuring entity to provide documents used in inspection, supervision, settlement of petitions, handling of violations in bidding sector and fulfillment of the tasks specified in Clauses 4, 5 of this Article;

c) Give opinions about complicated situations at the request of the employer as prescribed in Point a Clause 3 Article 88 of this Law.

9. In case of investor selection, in addition to the responsibilities specified in Clauses 4, 5, 6 and 7 of this Article, a competent person shall also discharge the following:

a) Act on behalf of the competent authority to decide the organization of investor selection;

b) Decide to appoint a unit whose personnel are qualified to perform investor selection tasks as the procuring entity; employ qualified consultant to perform certain tasks of the procuring entity in case qualified personnel are not available;

c) Consider approving EOI request; consider approving bidding documents or give authorization to do so;

d) Consider approving EOI selection result and investor selection result;

dd) Make decisions on handling of situations in bidding;

e) Conclude contracts on the basis of approval given by a competent authority; organize the management of the contract signed with the successful investor;

g) Request the procuring entity to provide documents used in inspection, supervision, settlement of petitions, handling of violations in bidding sector and fulfillment of the tasks specified in Clauses 4, 5 of this Article.

10. Explain the fulfillment of responsibilities specified in this Article at the request of superior authorities, inspecting authorities and bidding authorities.

11. Discharge other responsibilities as prescribed by this Law and relevant laws.

Article 78. Responsibilities of employers

1. Consider approving the following contents:

a) The contractor selection plan in case the package is executed before the project is approved or the bidding is executed in advance; the contractor selection plan for a project covered by an approved contractor selection master plan;

b) The EOI request, prequalification document and shortlist;

c) Bidding documents, RFP;

d) Contractor selection result.

2. Organize the appraisal of the contents specified in Clause 1 of this Article.

3. Sign, or give authorization to sign, contract with the successful bidder, and manage the contract execution; sign and manage framework agreement in case of centralized procurement with use of framework agreement; make payment for contractors under terms and conditions of the signed contract.

4. Decide to establish the procuring entity with personnel that are qualified to perform investor selection tasks; employ qualified consultant to act as the procuring entity or to perform certain tasks of the procuring entity in case qualified personnel are not available. Decide to establish the expert team meeting the requirements laid down in Article 19 of this Law in case no consultant is employed to act as the procuring entity.

5. Make decisions on handling of situations in bidding.

6. Settle petitions arising during the contractor selection.

7. Protect confidentiality of information and documents concerning the contractor selection.

8. Retain relevant information obtained during the contractor selection in accordance with regulations of law on archives and this Law.

9. Submit reports on performance of annual bidding tasks.

10. Cancel bidding process in the cases specified Point a Clause 1 Article 17 of this Law.

11. Provide relevant information and documents and explanations about the fulfillment of responsibilities specified in this Article at the request of the competent person, inspecting authorities and bidding authorities.

12. Assume responsibility before the law and the competent person for the contractor selection.

13. Discharge the responsibilities specified in Article 79 of this Law if the employer is also the procuring entity.

14. Provide information technology infrastructure facilities meeting online bidding requirements.

15. Assume legal responsibility for the accuracy and truthfulness of information which is registered and published on VNEPS using the employer’s digital certificate.

16. Discharge other responsibilities as prescribed by this Law and relevant laws.

Article 79. Responsibilities of procuring entities

1. In case of contractor selection, the procuring entity shall:

a) Prepare for the contractor selection; organize the contractor selection; organize evaluation of EOIs, prequalification applications, bids or proposals;

b) Decide to establish an expert team in case the procuring entity is a consultant that is employed by the employer;

c) Request bidders to provide clarifications to their EOIs, prequalification applications, bids or proposals during evaluation process;

d) Submit prequalification document, EOI request, RFP, bidding documents, shortlist and contractor selection result for approval;

dd) Conduct negotiation (if any) and completion of contract with the successful bidder, and manage the execution of the signed contract (if any);

e) Conduct negotiation (if any) and completion of framework agreement with the successful bidder, and manage the execution of the signed framework agreement (if any) in case of centralized procurement with use of the framework agreement;

g) Protect confidentiality of information and documents concerning the contractor selection;

h) Publish information on VNEPS; provide relevant information and documents and explanations about the fulfillment of responsibilities specified in this Clause at the request of the competent person, employer, inspecting authorities and bidding authorities;

i) Assume responsibility before the law and the employer for the performance of assigned tasks as prescribed in this Clause.

2. In case of investor selection, in addition to the responsibilities specified in Point h Clause 1 of this Article, the procuring entity shall also:

a) Prepare for investor selection; organize investor selection; organize bid evaluation as prescribed in this Law;

b) Decide to establish an expert team;

c) Request investors to provide clarifications to their bids during evaluation process;

d) Submit bidding documents and investor selection result for approval; consider approving bidding documents if authorized;

dd) Conduct contract negotiation with the successful investor; sign and manage the contract signed with the successful investor if authorized;

e) Cancel bidding process in the cases specified Point a Clause 2 Article 17 of this Law;

g) Protect confidentiality of information and documents concerning the investor selection;

h) Retain relevant information obtained during the investor selection in accordance with regulations of law on archives and this Law;

i) Settle petitions arising during the investor selection;

k) Submit reports on performance of annual bidding tasks;

l) Assume responsibility before the law and the competent person for the performance of assigned tasks as prescribed in this Clause.

3. Provide information technology infrastructure facilities meeting online bidding requirements.

4. Discharge other responsibilities as prescribed by this Law and relevant laws.

Article 80. Responsibilities of expert teams

1. Prepare EOI request, prequalification document, bidding documents or RFP.

2. Organize evaluation of EOIs, prequalification applications, applications for project execution, bids or proposals; propose measures for handling situations arising during bidding process (if any) to the procuring entity.

3. Protect confidentiality of information and documents concerning the contractor/investor selection.

4. Provide relevant information and documents and explanations about the fulfillment of responsibilities specified in this Article at the request of the competent person, employer, procuring entity, inspecting authorities and bidding authorities.

5. Discharge other responsibilities as prescribed by this Law and relevant laws.

Article 81. Responsibilities of appraising teams

1. Perform appraisal tasks in an independent and objective manner.

2. Request the employer/procuring entity to provide adequate relevant documents.

3. Protect confidentiality of information and documents obtained during appraisal process.

4. Provide relevant information and documents and explanations about the fulfillment of responsibilities specified in this Article at the request of the competent person, employer, inspecting authorities and bidding authorities.

5. Assume responsibility before the law, the competent person and employer for performance of appraisal tasks and other assigned tasks as prescribed in this Article.

6. Discharge other responsibilities as prescribed by this Law and relevant laws.

Article 82. Responsibilities of contractors, investors

1. Request the procuring entity to clarify their EOI request, prequalification document, bidding documents or RFP.

2. Provide relevant information and documents and explanations about the fulfillment of responsibilities specified in this Article at the request of the competent person, employer, procuring entity, inspecting authorities and bidding authorities.

3. In addition to the responsibilities specified in Clauses 1 and 2 of this Article, when participating in bidding through VNEPS, bidder or investor shall also:

a) Have information technology infrastructure facilities when participating in online bidding;

b) Assume legal responsibility for the accuracy and truthfulness of information which is registered and published on VNEPS.

4. Comply with terms and conditions of the signed contract.

5. Discharge other responsibilities as prescribed by this Law and relevant laws.

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