THE MINISTRY OF PLANNING AND INVESTMENT
Circular No. 10/2016/TT-BKHDT dated July 22, 2016 of the Ministry of Planning and Investment on guidelines for supervision and inspection of bidding
Pursuant to the Law on Investment No. 43/2013/QH13 dated November 26, 2013;
Pursuant to Government’s Decree No. 63/2014/ND-CP dated June 26, 2014 detailing a number of articles of the Bidding Law regarding contractor selection;
Pursuant to Government’s Decree No. 30/2015/ND-CP dated March 17, 2015 guiding the implementation of a number of Articles on investor selection of the Law on Bidding;
Pursuant to the Government's Decree No. 116/2008/ND-CP dated November 14, 2008 defining the functions, tasks, entitlements and organizational structure of the Ministry of Planning and Investment;
The Minister of Planning and Investment promulgates a Circular on guidelines for supervision and inspection of bidding.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of adjustment
This Circular provides guidelines for supervision and inspection of bidding, including:
1. Supervising the observance of the law on bidding in the course of selection of bidders and selection of investors;
2. Inspecting the promulgation of guiding and directive documents on bidding, allocation of responsibilities in bidding; inspecting the training in bidding; inspecting the formulation and approval for plans for selection of bidders or investors; inspecting the selection of bidders or investors; inspecting the selection of bidders or investors online; conclusion of contracts; inspecting reports on bidding; inspecting supervision and inspection activities associated with bidding and inspecting other activities related to bidding.
Article 2. Subjects of application
1. The Services of Planning and Investment and authorities in charge of bidding management affiliated to Ministries, ministerial-level agencies, Governmental agencies, other agencies of central government and individuals thereof that are responsible for bidding supervision;
2. Organizations and individuals engaging in bidding inspection of inspecting agencies prescribed in Clause 3 Article 125 of the Government's Decree No. 63/2014/ND-CP detailing a number of articles of the Bidding Law regarding contractor selection and Clause 3 Article 95 of the Government's Decree No. 30/2015/ND-CP guiding the implementation of a number of Articles of the Law on Bidding on investor selection and organizations and individuals in the inspected entities.
3. Competent persons, investors, procuring entities and relevant organizations and individuals.
Article 3. Rules for bidding supervision and inspection
1. Rules for bidding supervision:
a) Comply with law and regulations, stay honest, impartial and prompt; and keep information confidential;
b) Do not interfere, harass, or obstruct the selection of bidders, investors; do not affect the responsibilities taking on investors and procuring entities.
2. Rules for inspection:
a) Comply with law and regulations, ensure the accuracy, objectivity, transparency and promptness;
b) Not only carry out inspection independently but also cooperate with and allocate responsibilities between inspecting agencies;
c) Scope, inspected entities, contents and time of inspection conducted by inspecting agencies are not overlapped;
d) In case of overlapped inspected entity, specialized agency or superior agency shall prevail over other agencies.
Article 4. Forms of inspection
1. Regular inspection is to conduct inspection according to an annual plan approved by the head of an inspecting agency.
2. Irregular inspection is to conduct inspection of particular issues (upon difficulties, proposals, discovery of signs of violations against law on bidding, including discovery through national bidding network) at the request of the Prime Minister, Ministers, Heads of ministerial-level agencies, Governmental agencies, other agencies in central government, Presidents of People’s Committees of provinces, or heads of inspecting agencies.
Article 5. Methods of inspection
1. Inspection visit means an inspecting agency establishes an inspectorate so as to carry out an inspection visit at an inspected entity's premises. Inspection visit is a method which is substantially applied in bidding.
2. Request for report means an inspecting agency requests an inspected entity to provide a written report on concerned issues. Request for report is a method which is substantially in particular issues that enable the heads of competent agencies to give necessary and timely direction.
3. According to specific tasks, an inspection may be conducted by one or a combination of two methods above.
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