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

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.

Article 6. Time limits for bidding inspection

1. For selection of bidders:

a) Time limit for an inspection visit at an inspected entity s premises is within 7 working days from the date on which a decision on inspection is issued. Within 20 days from the closing day of the inspection visit, the inspectorate shall send a report on inspection. The head of the inspecting agency shall approve the inspection findings as prescribed in Article 19 of this Circular within 10 days from the date on which the inspectorate submits the inspection findings draft;

b) In case of an inspection that is complicated and involved in multiple inspected entities, the time limit for the inspection visit at inspected entities’ premises is within 15 days from the date on which the decision on inspection is issued, in which the time limit for inspection visit at each of inspected entities’ premises is within 7 working days. Within 40 days from the closing day of the inspection visit, the inspectorate shall send a report on inspection. The head of the inspecting agency shall approve the inspection findings as prescribed in Article 19 of this Circular within 15 days from the date on which the inspectorate submits the inspection findings draft.

2. For selection of investors:

a) Time limit for an inspection visit at an inspected entity s premises is within 10 working days from the date on which a decision on inspection is issued. Within 30 days from the closing day of the inspection visit, the inspectorate shall send a report on inspection. The head of the inspecting agency shall approve the inspection findings as prescribed in Article 19 of this Circular within 10 days from the date on which the inspectorate submits the inspection findings draft;

b) In case of an inspection that is complicated and involved in multiple inspected entities, the time limit for inspection visit at inspected entities’ premises is within 20 days from the date on which the decision on inspection is issued, in which the time limit for inspection visit at each of inspected entities’ premises is within 10 working days. Within 45 days from the closing day of the inspection visit, the inspectorate shall send a report on inspection. The head of the inspecting agency shall approve the inspection findings as prescribed in Article 19 of this Circular within 15 days from the date on which the inspectorate submits the inspection findings draft.

Article 7. Eligibility requirements for individuals in charge of supervision and inspectorate members

1. An individual in charge of supervision shall satisfy the following requirements:

a) Obtaining a certificate of training in bidding in accordance with law on bidding;

b) Having at least direct 3 years experience in the following entities: Bidding management authorities; procuring entities; groups of specialists, assessment agencies;

c) Achieving foreign language level that satisfy requirements for procurements under international bidding, procurements under projects funded by ODA and concessional loans by sponsors.

2. All of inspectorate members must satisfy requirements prescribed in Clause 1 of this Article, and chief inspector must also have at least direct 5 years experience in bidding. In the special case where it needs to have specialists’ opinions, the chief inspector shall request the head of the inspecting agency to add those specialists to the inspectorate. The specialist is not required to obtain a certificate of training in bidding.

Article 8. Funding for inspection

1. Funding for inspection shall be included in the annual budget estimate for recurrent expenditures made by the agencies in charge of inspection affiliated to Ministries, ministerial-level agencies, Governmental agencies, other agencies of central government; Services of Planning and Investment, agencies affiliated to People s Committees of provinces; People’s Committee of districts prescribed in the Law on State budget and guiding documents.

2. State-owned enterprises shall include funding for inspection in the sources of funds under their management.

Chapter II

SUPERVISION OF BIDDING

Article 9. Contents of supervision of selection of bidders

Contents of supervision of selection of bidders contain:

1. Preparation of selection of bidders: Legal bases for bidding documents, request for proposals of investors, procuring entities; compliance with bidding documents, request for proposals promulgated by the Ministry of Planning and Investment in terms of format and contents;

2. Selection of bidders:Timelimits in selection of bidders, issuance of bidding documents, request for proposals; deadline for submission of bids, bid opening; receipt of bids, proposals;

3. Evaluation of bids, proposals: Quality of evaluation of bids, proposals, the compliance with forms of evaluation of bids, proposals promulgated by the Ministry of Planning and Investment in terms of format and contents; contents of negotiation of contract;

4.Evaluation and approval for resultsof bidder selection: Quality of evaluation, compliance with forms of evaluation of bidder selection results promulgated the Ministry of Planning and Investment in terms of format and contents; adequacy of documents on results of bidder selection for approval;

5. Finalization and conclusion of contract: Process of contract finalization, contents of concluded contract and compliance with legal bases related to conclusion and execution of contract.

Article 10. Contents of supervision of selection of investors

Contents of supervision of selection of investors include:

1.Preparation ofselection of investors: Legal bases for requests for prequalification, bidding documents, request for proposals of procuring entities; compliance with requests for prequalification, bidding documents, request for proposals promulgated by the Ministry of Planning and Investment in terms of format and contents;

2. Evaluation of requests for prequalification, bids, proposals: Quality of evaluation of requests for prequalification, bid-envelopes, proposals; time limit for evaluation;

3.Evaluation and approval forprequalification results,resultsof investor selection: Quality of evaluation, adequacy of documents on prequalification results or results of investor selection for approval; time limit for evaluation and approval for prequalification results, results of selection of investors;

4. Negotiation, finalization and conclusion of contract: Process of preliminary negotiation, negotiation and finalization of contract; investment agreement contents, concluded contract.

Article 11. Procedures for supervision of selection of bidders

1. The competent person shall approve the plan for selection of bidders which clarifies the procurement or project/procurement project subject to supervision and name of person or entity in charge of supervision (hereinafter referred to as supervisor of bidding.

2. Supervisor of bidding in the plan for selection of bidders shall notify investors and procuring entity in written of specific supervision contents, method and require the investors and procuring entity to cooperate and facilitate the supervision.

3. The supervisor is entitled to require the investors and procuring entity to provide materials related to the process of selection of bidders during the supervision. In necessary cases, the supervisor is entitled to participate in the bid opening, bid evaluation meetings of group of specialists or meetings of evaluation group. The supervisor may not intervene in the process of selection of bidders, and affect the fulfillment of responsibilities by the investor or the procuring entity.

4. Any non-compliance acts against law on bidding committed shall be reported in writing to competent persons by the supervisor. The report must specify specific non-compliance acts against the law on bidding committed by the investor or procuring entity and propose remedial measures.

5. According to the report sent by the supervisor, the competent person shall consider deciding appropriate remedial measures to ensure that the process of selection of bidders is gone through promptly and effectively.

Article 12. Procedures for supervision of selection of investors

1. In case of a project with prequalification process, the competent person shall assign a supervisor to engage in the phase of approval for feasibility study report, the phase of project proposal (if the project in the Public-Private Partnerships form group C) or the phase of approval for list of land-used investment projects. In case of a project without prequalification process, the competent person shall assign a supervisor in the phase that the plan for selection of investors is considered for approval.

2. The supervisor shall notify the head of specialized authority affiliated to People s Committee of province or President of People’s Committee of district (authorized person) and procuring entity in written of specific supervision contents, method and require the authorized person and procuring entity to cooperate and facilitate the supervision.

3. The supervisor is entitled to require the investors and procuring entity to provide materials related to the process of selection of investors during the supervision. In necessary cases, the supervisor is entitled to participate in the bid opening, bid evaluation meetings of group of specialists or meetings of evaluation group. The supervisor may not intervene in the process of selection of investors, and affect the fulfillment of responsibilities by the procuring entity.

4. Any non-compliance acts against law on bidding performed shall be reported in writing to competent persons by the supervisor. The report must specify specific non-compliance acts against the law on bidding committed by the procuring entity and propose remedial measures.

5. According to the report sent by the supervisor, the competent person shall consider deciding appropriate remedial measures to ensure that the process of selection of investors is gone through promptly and effectively.

Chapter III.

INSPECTION OF BIDDING

Section 1. PLANS, DECISIONS AND CONTENTS OF INSPECTION OF BIDDING

Article 13. Formulating, modifying and notifying regular inspection plan

1. According to the bidding progress in a year, the entity in charge of inspection shall make a regular inspection plan for the following year, and then submit it to the head of the inspecting agency for approval as the basis for initiating the inspection. A regular inspection plan shall include:

a) A list of inspected entities, a project/plan for procurement (if any) to be inspected;

b) Inspection time;

c) Inspection scope and contents;

d) Inspection cooperating entities (if any).

2. If an approved regular inspection plan needs to be modified, the entity in charge of inspection shall make a modified regular inspection plan and submit it to the head of the inspecting agency for approval.

3.Each regularinspection plan and amendedregularinspection plan (if any) shall be sent to the inspected entities, the Service of Planning and Investment (for regular inspection plan of inspecting agencies in local governments) and the Ministry of Planning and Investment within 10 days from the date on which it is approved provided that each of inspected entities shall receive it at least 15 days before an inspection is initiated.

Article 14. Formulating, submitting and approving decisions on inspection

1. A decision on inspection shall be made according to one of the following bases:

a) A regular inspection plan or a modified regular inspection plan is approved by the head of an inspecting agency;

b) A direction of irregular inspection is made by the Prime Minister, a Minister, Head of ministerial-level agency, Governmental agency, other agency of central government, a President of the provincial People’s Committee or the head of an inspecting agency.

2. A decision on inspection shall be made according to Form No. 1 Appendix 1 issued herewith, which contains:

a) Bases for initiating inspection;

b) Composition of inspectorate (chief inspector, deputy chief inspector, secretary and inspectors);

c) Implementation of inspection, containing:

- Responsibilities of inspectorate;

- Responsibilities of chief inspector and inspectors of inspectorate.

d) Inspection time;

dd) Operating funding of inspectorate;

3. The head of inspection agency shall consider approving the decision on inspection as the basis for initiating the inspection.

Article 15. Contents of regular inspection

Contents of a regular inspection shall be formulated as prescribed in Point a Clause 4 Article 125 of Decree No. 63/2014/ND-CP detailing a number of articles of the Bidding Law regarding contractor selection and Point a Clause 4 Article 95 of Decree No. 30/2015/ND-CP guiding the implementation of a number of Articles on investor selection of the Law on Bidding.

Article 16. Contents of irregular inspection

According to the request for an irregular inspection and the decision on inspection, the chief inspector shall provide appropriate inspection contents.

Section 2. INSPECTION VISIT PROCEDURES

Article 17. Preparation

According to a regular inspection plan or request for irregular inspection, the entity in charge of inspection shall assign an employee acting as a central point (also as a secretary of inspectorate) so as to prepare for inspection as follows:

1. Undertaking a survey to make a specific inspection program, including:

a) Contact with the inspected entity to collect initial information about the investor and procuring entity; project, and estimate for procurement to be inspected[1];

b) Determine members of cooperating entity/entities (if any);

c) Determine composition of inspectorate.

2. Making a decision on inspection and submitting it to the inspecting agency for approval as prescribed in Article 14 of this Circular.

3. Formulating a specific inspection plan and submitting it to the chief inspector for approval after the decision on inspection is made.In case of an inspection that is complicated and related to multiple inspected entities or at the request of irregular inspection, the chief inspector shall consider submitting the specific inspection plan to the head of the inspecting agency for approval. A specific decision on inspection shall be made according to Form No. 2 Appendix 1 issued herewith, which contains:

a) Inspection bases;

b) Inspected entities;

c) Inspection purposes;

d) Inspection contents and scope;

dd) Inspectorate composition;

e) Time, place and program of inspection;

g) Responsibilities of inspected entities;

h) Inspection method.

4. Formulating a report outline using Form No. 3A regarding inspection of selection of bidders, Form No. 3B regarding inspection of selection of investors of Appendix 1 issued herewith in order for the inspected entity to make a report on bidding activities to be inspected.

5. Sending notifications using Form No. 4 Appendix 1 issued herewith to the inspected entity, superior agency of the inspected entity (if any) and entities related to the inspection (if any) (enclosed with specific inspection plan and report outline). The notification shall be sent to the inspected entity within 10 days before the date on which the inspection is initiated.

6. Making budget estimates for the inspectorate according to the decision on inspection as prescribed in Article 8 and Clause 2 Article 14 of this Circular.

Article 18. Conducting inspection

1. According to a specific inspection plan, the chief inspector shall publish the decision on inspection, make a record using Form No. 5 Appendix 1 issued herewith and conduct an inspection.

2. The inspectorate shall gather, research, analyze, and evaluate information and documents related to the inspected bidding activities, make a table of evaluation of every concerned content; inspect and verify information and documents (if necessary); and inspect the results as the basis for inspection findings.

During the inspection, the inspectorate may communicate with inspected entities and undertake an inspection visit if necessary. Depending on the scope and nature of the inspection, the chief inspector shall decide to make a record confirming the inspection contents.

3. The inspectorate shall send a notification using Form No. 6 Appendix 1 issued together with to the inspected entity in terms of the closing of inspection visit at the premises and hand over documents and equipment (if any) that are used in the inspection process.

4. After closing the direct inspection at the premises, the inspectorate shall make a inspection report draft using Form No. 7A regarding inspection of selection of bidders[2], Form No. 7B regarding inspection of selection of investors[3]Appendix 1 enclosed herewith, and then submit to the chief inspector for consideration before send it to the inspected entity. The inspection report draft shall be sent to the inspected entity in writing or concurrently in writing, via fax and email.

5. The inspected entity shall offer opinions about the inspection report draft within 10 days from the date on which the draft is received.In case of an inspection that is complicated and related to multiple inspected entities, the time limit for opinion shall last 20 days. The inspected entity shall provide explanation for its disagreement of contents in the inspection report draft.

6. According to the inspection report draft and consideration of explanation provided by the inspected entity, the chief inspector shall make a complete inspection report and submit to the head of the inspecting agency.

Article 19. Inspection findings

1. According to the complete inspection report, the inspectorate shall make a inspection findings draft using Form No. 8A regarding inspection of selection of bidders, Form No. 8B regarding inspection of selection of investors Appendix 1 enclosed herewith, and then submit to the head of the inspecting agency for consideration.

2.Theinspection findings shall be sent to the inspected entity and its inspected entity (if any) and relevant entities (if necessary).

3.In case of occurrence of a violation against law on bidding, depending on its extent, the head of the inspecting agency shall decide a remedial measure in the inspection findings section or make a request for transferring related documents to inspection or investigation authorities in case of constituting crimes as prescribed in law on criminal as prescribed.

Section 3. REQUEST FOR REPORT PROCEDURES

Article 20. Preparation

The inspecting agency shall request an inspected entity to make a report on implementation of bidding management or implementation of bidding which contains:

1. Purposes, requests;

2. Scope and contents;

3. Outline;

4. Time limit for submission;

5. Responsibilities of inspected entities;

6. Other relevant contents.

Article 21. Processing report

According to a report sent by an inspected entity, the entity in charge of inspection shall gather, research, analyze and evaluate information related to request for report; and verify information if necessary. During the inspection, the entity in charge of inspection may communicate with the inspected entity (if necessary).

Article 22. Inspection report

The entity in charge of inspection shall make an inspection report draft which proposes remedial measures for issues found in the inspection process.

Article 23. Inspection findings

The entity in charge of inspection shall make an inspection findings draft as prescribed in Article 19 of this Circular and submit it to the inspecting agency for approval.

Section. AFTER INSPECTION

Article 24. Supervising the implementation of inspection findings

If an inspected entity commits any nonconformities or violations in bidding that need to be remedied, the entity in charge of inspection shall supervise the implementation of the inspection findings.

Article 25. Reports on implementation of inspection findings

According to the inspection findings, the head of the inspected entity shall implement the inspection findings and send a report on implementation of inspection findings according to the following contents:

1. Eliminate nonconformities in terms of projects/estimates for procurement that are likely to be eliminated;

2. Rectify bidding activities in terms of projects/estimates for procurement, other procurements;

3. Send a report on list of organizations and individuals that incurred penalties for violations of law on bidding;

4. Send a report on implementation of inspection findings using Form No. 9 Appendix issued herewith and send it to the inspecting agency within the time limit prescribed in the inspection findings.

Article 26. Measures for non-implementation of inspection findings

If an entity of an inspected entity and a relevant entity, that is subject to the implementation of the inspection findings, fails to implement or implement inadequately and late, depending on the nature and severity of the violations, such entity shall incur a penalty for administrative violations, disciplinary actions or criminal prosecution in case of constituting crime as prescribed in law on criminal, or make compensation in case of causing damage.

Chapter IV

ALLOCATION OF RESPONSIBILITIES IN SUPERVISION AND INSPECTION OF BIDDING

Section 1. RESPONSIBILITIES OF PARTICIPANTS OF SUPERVISION

Article 27. Responsibilities of supervisors

Supervisors of selection of bidders and selection of investors shall take responsibilities prescribed in Clause 6 Article 126 of Decree No. 63/2014/ND-CP detailing a number of articles of the Bidding Law regarding contractor selection and Clause 5 Article 96 of Decree No. 30/2015/ND-CP guiding the implementation of a number of Articles on investor selection of the Law on Bidding.

Article 28. Responsibilities of investors and procuring entities

1. Publish names and addresses of supervisors in requests for prequalification, the bidding documents, and requests for proposals.

2.Cooperate and enable supervisors to carry out the supervision.

3. Provide truthful reports/documents timely and sufficiently, and take legal responsibility for provided information.

Article 29. Responsibilities of bidders, investors and relevant entities

At the request of a supervisor, the bidder, the investor and the relevant entity shall provide truthful reports timely and sufficiently and take legal responsibility for provided information.

Section 2. RESPONSIBILITIES OF PARTICIPANTS OF INSPECTION

Article 30. Responsibilities of inspectorate, chief inspector and inspectors

1. Responsibilities of an inspectorate:

a) Conduct bidding inspection as prescribed in the decision on inspection;

b) Request inspected entities or relevant entities to provide necessary information;

c) Make inspection report and inspection findings drafts.

2. Responsibilities of a chief inspector:

a) Formulate and approve specific inspection plan;

b) Direct and assign inspectors to conduct inspection as prescribed;

c) Have impartial and wholehearted attitude, do not cause difficulties or harass inspected entities; comply with regulations on anti-corruption.

3. Responsibilities of inspectors:

a) Conduct inspection in accordance with regulations and laws and assignment of chief inspector;

b) Engage in preparation of inspection, make individual inspection reports as assigned and send them to the secretary.

c) Send reports on inspection findings conducted by himself/herself to chief inspector;

d) Have impartial and wholehearted attitude, do not cause difficulties or harass inspected entities; comply with regulations on anti-corruption.

Article 31. Responsibilities of entities of inspected entities

1. Cooperate and enable inspectorate to conduct the inspection.

2. Provide truthful reports and provide documents timely and sufficiently, and take legal responsibility for provided information.

3. Receive inspection report draft from inspectorate and offer proposals and explanation for the inspection report draft.

4. Implement the inspection findings of the inspecting agency.

5. Send reports on implementation of inspection findings to the inspecting agency as prescribed in Article 25 of this Circular.

6. Make a final list of related entities that incurred penalties for violations against law on bidding and send it to the inspecting agency and the Ministry of Planning and Investment (if the inspecting agency is not the Ministry of Planning and Investment).

Article 32. Responsibilities of relevant entities

1. Provide truthful information timely and sufficiently at the request of the inspectorate, and take legal responsibility for provided information.

2. Receive inspection report draft from inspectorate (if necessary) and offer proposals and explanation for the inspection report draft.

Section 3. RESPONSIBILITIES OF MINISTRIES, AGENCIES, LOCAL GOVERNMENT

Article 33. The Ministry of Planning and Investment

1. Responsibilities of the Minister of Planning and Investment:

a) Take charge and conduct supervision of bidding for projects under competence to decide of the Prime Minister or at the request of the Prime Minister;

b) Take charge and conduct inspection of bidding nationwide as prescribed in Clause 2 Article 1 of this Circular;

c) Approve regular inspection plans, decisions on inspection and inspection findings associated to bidding for projects under competence to decide of the Prime Minister and bidding activities in Ministries, agencies, local government, state-owned enterprises under inspection of the Ministry of Planning and Investment;

d) Decide handling measures after inspection (if any);

dd) Send a final annual report of supervision and inspection of bidding nationwide to the Prime Minister.

2. Public Procurement Agency shall conduct the supervision of bidding as prescribed in Point a Clause 1 of this Article and inspection of bidding decided by the Minister of Planning and Investment.

Article 34. Ministries, ministerial-level agencies, Governmental agencies, other agencies of central government

1. Responsibilities of Ministers, heads of ministerial-level agencies, Governmental agencies, other agencies of central government:

a) Direct the supervision of procurements under projects/estimates for procurement decided by themselves;

b) Direct the inspection of formulation and approval for plans for selection of bidders, selection of investors, inspection of selection of bidders, selection of investors, conclusion of contracts and other activities related to bidding at agencies/affiliated entities and projects/estimates for procurement decided by themselves;

c) Approve regular inspection plans and send them to the Ministry of Planning and Investment for supervision as prescribed in Clause 3 Article 13 of this Circular; decisions on inspection and inspection findings associated to bidding as prescribed in Point b of this Clause;

d) Assign affiliated agencies in charge of bidding management to take charge and conduct supervision and inspection of bidding;

dd) Decide remedial measures after inspection (if any);

e) Direct to make final report on annual inspection of bidding in inferior agencies/units, bidding activities of projects/estimates for procurement decided by themselves and other relevant information;

g) Make a final list of bidders, organizations/individuals that incurred penalties for violations against law on bidding, other relevant laws during the inspection;

h) Direct agencies to send reports prescribed in Point e and Point g of this Clause to the Ministry of Planning and Investment and the Prime Minister.

2. Agencies assigned to conduct inspection of bidding affiliated to Ministries, ministerial-level agencies, Governmental agencies, other agencies of central government shall conduct inspection decided by their heads.

Article 35. People s Committees of provinces

1. Responsibilities of a President of People’s Committee of province: Take charge, inspect or direct the Service of Planning and Investment and provincial-affiliated agencies to perform the tasks prescribed in Clauses 2, 3, and 4 of this Article.

2. Responsibilities of a Director of the Service of Planning and Investment:

a) Take charge and conduct supervision of bidding for projects/estimates for procurement decided by the province;

b) Inspect the training in bidding, inspect the formulation and approval for plans for selection of bidders, selection of investors, inspect the selection of bidders, selection of investors, conclusion of contracts and other activities related to bidding at provincial-affiliated agencies/ entities and projects/estimates for procurement under management of the province;

c) Approve regular inspection plans and send them to the Ministry of Planning and Investment for supervision as prescribed in Clause 3 Article 13 of this Circular; decisions on inspection and inspection findings associated to bidding as prescribed in Point b of this Clause;

d) Make a final report on implementation of inspection findings for projects/estimates for procurement inspected by the Ministry of Planning and Investment in the province;

dd) Assign an affiliated committee division/department to conduct supervision and inspection of bidding;

e) Send inspection findings to the President of People’s Committee of province;

g) Decide handling measures after inspection (if any);

h) Make a final report on annual inspection of provincial-affiliated agencies and projects/estimates for procurement under management of the province;

i) Make a final list of bidders, organizations/individuals that incurred penalties for violations against law on bidding, other relevant laws during the inspection of the Service of Planning and Investment and other agencies under management of the province;

k) Request entities to send reports prescribed in Point h and Point I of this Clause to the Service of Planning and Investment and the Ministry of Planning and Investment.

3. Responsibilities of a Direct of Services, agencies affiliated to a People s Committee of province:

a) Inspect the formulation and approval for plans for selection of bidders, selection of investors, inspect the selection of bidders, selection of investors, conclusion of contracts and other activities related to bidding at affiliated agencies/ entities and projects/estimates for procurement decided by himself/herself;

b) Approve regular inspection plans and send them to the Service of Planning and Investment within 10 days from the date on which they are approved; decisions on inspection and inspection findings associated to bidding prescribed in Point a of this Clause;

c) Assign an affiliated committee division/department to conduct inspection of bidding;

d) Send inspection findings to the President of People’s Committee of province;

dd) Decide remedial measures after inspection (if any);

e) Make a final report on annual inspection of affiliated agencies and projects/estimates for procurement decided by himself/herself;

g) Make a final list of bidders, organizations/individuals that incurred penalties for violations against law on bidding, other relevant laws during the inspection;

h) Direct agencies to send reports prescribed in Point e and Point g of this Clause to Services and agencies and to the Service of Planning and Investment.

4. Responsibilities of a President of People’s Committee of district:

a) Inspect the formulation and approval for plans for selection of bidders, selection of investors, inspect the selection of bidders, selection of investors, conclusion of contracts and other activities related to bidding for projects/estimates for procurement decided by himself/herself or projects/estimates for procurement which a commune decides or acts as an investor/procuring entity;

b) Approve regular inspection plans and send them to the Services of Planning and Investment as prescribed in Clause 3 Article 13 of this Circular; decisions on inspection and inspection findings associated to bidding as prescribed in Point a of this Clause;

c) Assign an affiliated committee division/department to conduct inspection of bidding;

d) Send inspection findings to the President of People’s Committee of province;

dd) Decide remedial measures after inspection (if any);

e) Make a final report on annual inspection of projects/estimates for procurement decided by himself/herself and projects/estimates for procurement which a commune decides or acts as an investor/procuring entity;

g) Make a final list of bidders, organizations/individuals that incurred penalties for violations against law on bidding, other relevant laws during the inspection;

h) Direct agencies to send reports prescribed in Point e and Point g of this Clause to the People’s Committee of district and to the Service of Planning and Investment.

Article 36. State-owned enterprises

1. Responsibilities of a head of a state-owned enterprise:

a) Inspect the formulation and approval for plans for selection of bidders, selection of investors, inspect the selection of bidders, selection of investors, conclusion of contracts and other activities related to bidding in projects decided by himself/herself;

b) Approve regular inspection plans and send them to the Ministry of Planning and Investment; decisions on inspection and inspection findings associated to bidding as prescribed in Point a of this Clause;

c) Assign an affiliated committee division/department to conduct inspection of bidding;

d) Decide handling measures after inspection (if any);

dd) Make a final report on annual inspection of projects decided by himself/herself;

e) Make a final list of bidders, organizations/individuals that incurred penalties for violations against law on bidding, other relevant laws during the inspection;

g) Direct agencies to send reports prescribed in Point dd and Point e of this Clause to the Ministry of Planning and Investment and the Prime Minister.

2. The division/department assigned to conduct inspection of bidding of a state-owned enterprise shall conduct inspection decided by the head of the state-owned enterprise.

Chapter V

IMPLEMENTATION PROVISIONS

Article 37. Effect

This Circular takes effect on September 09, 2016, this Circular shall replaces Circular No. 01/2011/TT-BKHDT dated January 4, 2011 on inspection of bidding.

Article 38. Implementation provisions

1. Ministries, ministerial-level agencies, Governmental agencies, other agencies of central government, People’s Committees, relevant organizations and individuals shall implement this Circular.

2. Within 30 days from the effective date of this Circular, Ministries, ministerial-level agencies, Governmental agencies, other agencies of central government, People’s Committees of provinces, districts and state-owned enterprises shall assign tasks of inspection of bidding under their management and send lists of agencies in charge to the Ministry of Planning and Investment for monitoring, managing and administering inspection of bidding nationwide.

3. Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Planning and Investment for consideration./.

The Minister

Nguyen Chi Dung 

[1]In case of an irregular inspection, all tasks prescribed in this Point shall be performed upon the issuance of the decision on inspection prescribed in Clause 2 of this Article.

[2]Inspection contents of selection of bidders shall be accordant with Appendix 2 issued herewith, and inspection contents of training in bidding shall be accordant with Appendix 4 issued herewith.

[3]Inspection contents of selection of investors shall be accordant with Appendix 3 issued herewith.