Chapter VIII
SETTLEMENT OF SITUATIONS AND COMPLAINTS DURING INVESTOR SELECTION
Article 87. Settlement of situations
1. If the investor selection plan must be adjusted, the procedures for adjusting the investor selection plan shall be followed before technical proposals (for competitive bidding) or proposals (for direct contracting) are opened.
2. With regard to PPP projects, land-using projects, in case of urgency that affects investment efficiency, the competent person may decide to carry out competitive bidding without pre-qualification, provided competitiveness, fairness, transparency, and economical efficiency are ensured. In this case the bidding documents must specify the investors’ capacity and experience.
3. At the bid closing time, if no investor submits the pre-qualification application or bid-envelope, the soliciting entity shall request the competent person to:
a) Allow delay of the bid closing time for up to 30 days; or
b) Cancel the bidding, request the soliciting entity to adjust the pre-qualification documents, bidding documents, and reorganize the investor selection, or change the method of investment because the project is not attractive to investors.
4. At the contract conclusion time, if the selected investor fails to satisfy requirements in terms of technical and financial requirements prescribed in Clause 2 Article 70 of the Law on Bidding, the investor ranked next shall be invited to preliminary contract negotiation or contract negotiation and completion (for PPP projects of group C). In this case, the investor shall be invited to preliminary contract negotiation; the contract validity and bid security shall be restored if the bid-envelope has expired and the investor's bid security has been redeemed or released.
5. If all investors are equally ranked after financial - commercial proposals are evaluated, the investor with the highest technical grade shall be ranked first.
6. If all investors that satisfy technical requirements and are short-listed offers service prices, state investment higher than service prices or state investment in the feasibility study report or project proposal (for PPP projects of Group c), the competent persons shall:
a) Allow such investors to remake the financial – commercial proposals; or
b) Allow such investors that satisfy technical requirements and are short-listed offers service prices, state investment higher than service prices or state investment in the feasibility study report or project proposal (for PPP projects of Group c), the competent persons shall:
7. With regard to selection of investors in land-using projects, if all investors offer equal investment efficiency (B), the investor that offer higher payment to state budget (M3) shall be preferred. If all investors offer equal value of land clearance and compensation (M2) and equal payment to state budget (M3), the investor that offers the highest price (A) which is not lower than the floor price shall be proposed for selection.
8. The soliciting entity shall report the situations other than the aforementioned cases to the competent persons in order to ensure competitiveness, fairness, transparency, and economic efficiency.
Article 88. Conditions for considering and settling complaints
1. Complaints must be made by investors who participate in the bidding.
2. The complaint form must bear the signature of the person who signs the letter of bid or the investor's legal representative and the seal (if any).
3. The person in charge of complaint settlement receives the complaint as prescribed in Clause 3, Clause 4, and Clause 5 Article 92 of the Law on Bidding.
4. The case is not brought to court.
5. The complaint settlement cost prescribed in Clause 6 Article 7 of this Decree is paid by the investor to the standing committee of the Advisory Council if the complaint against the investor selection result is settled by the competent person.
Article 89. Advisory Council
1. President of Advisory Council
a) The President of Central Advisory Council is an authorized representative of the Ministry of Planning and Investment. The Central Advisory Council is responsible for providing consultancy on settlement of complaints about projects of national importance decided by the National Assembly, projects of group A or equivalent;
b) Presidents of Advisory Councils of Ministries, ministerial agencies, Governmental agencies, and other central agencies (hereinafter referred to as Ministerial Advisory Council) are the head of the units in charge of bidding of such agencies. Presidents of Local Advisory Councils are Directors of Departments of Planning and Investment. Ministerial and local Advisory Councils are responsible for providing consultancy on settlement of complaints about projects decided by Ministries, ministerial agencies, Governmental agencies, other central agencies, and provincial authorities, except for the projects mentioned in Point a of this Clause.
2. Members of Advisory Council
a) Members of Central Advisory Councils are individuals of bidding units affiliated to the Ministry of Planning and Investment, representatives of competent authorities, representatives of relevant professional associations. Members of Ministerial Advisory Councils are individuals of bidding units affiliated to corresponding agencies, representatives of competent authorities, representatives of relevant professional associations. Members of local Advisory Councils are individuals of Departments of Planning and Investment, representatives of competent authorities, representatives of relevant professional associations.
b) Depending on the characteristics of each project, the President of the Advisory Council may invite additional members.
c) Members of an Advisory Council must not relatives (parent, parent-in-law, spouse, birth child, adopted child, daughter-in-law, son-in-law, sibling) of the complainant, of the individuals directly participating in evaluation of bid-envelopes, proposals, of individuals directly appraise the list of investors that satisfy technical requirements, investor selection results, and of the person that approves the investor selection result.
3. Operation of Advisory Council
a) The President of Advisory Council shall issue a decision to establish the Advisory Council within 05 working days from the day on which the investor’s complaint is received. The Advisory Council shall operate on a case-by-case basis;
b) The Advisory Council shall work on the principle of collectives, cast votes under the majority rule, and send reports to the competent persons; every member is entitled to reserved their opinions and take legal responsibility for their opinions.
4. Standing committee of Advisory Council
a) Standing committee of Central Advisory Council is the unit in charge of bidding management affiliated to the Ministry of Planning and Investment. Standing committees of Ministerial Advisory Councils are the units in charge of bidding management affiliated to corresponding agencies. Standing committees of local Advisory Council are the units in charge of bidding management affiliated to Departments of Planning and Investment. Standing committees are not participated by the individuals that directly appraise the investor selection result of such project;
b) The standing committee shall perform administrative tasks given by the Advisory Council President; receive and manage payments made by complainants as prescribed in Clause 6 of Article 7 of this Decree.
Article 90. Settlement of complaints about investor selection
1. The time limit for complaint settlement mentioned in Clause 3 and Clause 4 Article 92 of the Law on Investment begins when the administrative unit of the person in charge of complaint settlement receives the complaint.
2. If the complaint does not satisfy conditions in Article 88 of this Decree, the person in charge of complaint settlement shall send a written notification to the investor.
3. The investor is entitled to withdraw the complaints during the settlement process, provided a written request for withdrawal is submitted.
4. The response sent to the investor must have the conclusion about the complaint. If the complaint is proven truthful, it is required to specify the measures and time limit for remediation. The standing committee shall request responsible for entities to pay the complainant the amount that was paid by the complainant to the Advisory Council. If the investor’s complaint is proven untruthful, the response must provide explanation.
Tìm kiếm
Nghị định 30/2015/NĐ-CP (Bản Pdf)
Nghị định 30/2015/NĐ-CP (Bản Word)