Chapter IV
RESPONSIBILITIES OF THE PARTIES
Article 9. Responsibilities of the Management Council of the National Online Procurement Center, the Public Procurement Agency, the National Online Procurement Center, the Vietnam Public Procurement Review Journal, the e-GP Project Enterprise
1. The Management Council of the National Online Procurement Center:
a) Approve the annual receipt and expenditure plan of the National Online Procurement Center according to Point a, Clause 4, Article 7 of this Circular;
b) Adjust the receipt and expenditure plan of the National Online Procurement Center according to Point b, Clause 4, Article 7 of this Circular;
c) Report to the superior management agency on the receipts and expenditures of Vietnam National E-Procurement Center according to regulations.
2. Public Procurement Agency:
a) Monitor, supervise and manage the performance of the BOT contract of the e-GP project;
b) Consolidate the annual receipt and expenditure plans of Vietnam National E-Procurement Center (if a Management Council has not been established), the Vietnam Public Procurement Review Journal, and submit them to the Ministry of Planning and Investment for approval in accordance with Point a, Clause 4, Article 7 and Point a, Clause 4, Article 8 of this Circular;
c) Adjust the annual receipt and expenditure plans of Vietnam National E-Procurement Center (if a Management Council has not been established), the Vietnam Public Procurement Review Journal in accordance with Point b, Clause 4, Article 7 and Point b, Clause 4, Article 8 of this Circular;
d) Finalize receipts and expenditures of Vietnam National E-Procurement Center and the Vietnam Public Procurement Review Journal according to Point c, Clause 4, Article 7 and Point c, Clause 4, Article 8 of this Circular.
3. Vietnam National E-Procurement Center:
a) Publish on the System the process to collect service charges, including methods, options for methods, payers and amounts of service charges;
b) Publish on the System information about the name of the e-GP project, the e-GP Project Enterprise, the time when the e-GP Project Enterprise begins to collect the service usages, phone number to receive feedback;
c) Check and monitor the data of collection of the services charges of the e-GP Project Enterprise on the System, ensure that the services charges are collected in accordance with regulations, promptly report violations and propose actions to be taken. Public Procurement Agency shall request the Ministry of Planning and Investment to take actions against the violations based on the proposal of Vietnam National E-Procurement Center;
d) Collect the service charges as prescribed at Point a, Clause 1, Article 6 of this Circular;
dd) Manage and use receipts from service charges according to Article 7 of this Circular.
4. The Vietnam Public Procurement Review Journal:
a) Collect the service charges as prescribed at Point b, Clause 1, Article 6 of this Circular;
b) Manage and use receipts from service charges according to Article 8 of this Circular.
5. e-GP Project Enterprise:
a) Comply with legislation and fully perform the terms and conditions in the BOT contract of e-GP Project;
b) Ensure the safety and security of the System's database and take legal responsibility if any violations occur;
c) Provide sufficient information, data, figures, and documents at the request of the Ministry of Planning and Investment to serve the supervision, inspection, and examination of issues related to the System.
Article 10. Responsibilities of procuring entities, bidders, investors
1. The procuring entity shall pay the charge for posting procurement information within the time limit specified at Point a, Clause 2, Article 6 of this Circular. If the procuring entity fails to pay the charge upon expiry of the time limit for payment as prescribed, it is not allowed to post procurement information on the System for subsequent contract packages until the payment is made as per regulations.
2. The bidder shall pay the service charges mentioned in point b clause 2 Article 6 hereof.
If the procuring entity fails to pay the charge upon expiry of the time limit for payment as prescribed, it is not allowed to post procurement information on the System for subsequent contract packages until the payment is made as per regulations.
2. The bidder shall pay the service charges mentioned in point b clause 2 Article 6 hereof. Upon expiry of the time limit for payment, if the bidder does not pay the charge, the bidder’s account on the System will be changed to a suspended status and the bidder is not allowed to conduct related transactions on the System until the payment is made as per regulations.
3. The investor shall pay the service charges mentioned in point c clause 2 Article 6 hereof. Upon expiry of the time limit for payment, if the investor does not pay the charge, the investor’s account on the System will be changed to a suspended status and the investor is not allowed to conduct related transactions on the System until the payment is made as per regulations.
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