Process for resolving complaints in bidding activities

Article overview

Resolving complaints in bidding activities is an important step to help ensure transparency and fairness in the contractor selection process. This process not only protects the interests of participating parties but also helps businesses avoid disputes and legal risks, while creating a professional and reliable bidding environment. Understanding the petition resolution process will help you optimize bidding activities and improve business efficiency.

Regulations on procedures for resolving complaints in bidding activities
Regulations on procedures for resolving complaints in bidding activities

Conditions for considering and resolving complaints in bidding activities

Pursuant to Article 90 of the Law on Bidding 2023, the petition will be considered and resolved if the following conditions are met:

  1. Before announcing the results of contractor and investor selection (according to Article 91 and Article 92 of the Law on Bidding 2023):
  • Subjects: Agencies and organizations interested in bidding packages and investment projects can send recommendations on the content of bidding documents. Other issues in the process of selecting contractors and investors must be sent by contractors and investors participating in the bidding.
  • Form: The petition must have the signature and stamp (if any) of the legal representative or a digital signature via the National Bidding Network System.
  • Time: Application must be submitted before notification of contractor and investor selection results.
  1. After notification of contractor and investor selection results (according to Article 91 of the Law on Bidding 2023):
  • Subjects: Only contractors and investors participating in the bidding have the right to submit proposals.
  • Form: The petition must have the signature and stamp (if any) of the legal representative or a digital signature via the National Bidding Network System.
  • Legal conditions: The petition must not overlap with an issue that has already been sued, complained or denounced.
  • Directly related to the results of dossier evaluation: Recommendations must be related to the results of bid evaluation of contractors and investors.
  • Costs: Contractors and investors must pay costs for resolving complaints to the standing department before or at the same time as sending the petition.
  • Time: The contractor sends the petition to the investor or competent person within the prescribed time.

In case the petition does not meet the above conditions, the competent person will notify that the petition will not be considered or resolved.

Regulations on Advisory Council to resolve recommendations

Council composition

According to Clause 1 and Clause 2, Article 93 of the Law on Bidding 2023, the composition of the Advisory Council for resolving complaints is prescribed as follows:

  • Includes the Chairman, Vice Chairman (if necessary) and other members, including representatives of competent authorities and related agencies.
  • There may be additional representatives from professional associations, experts, and scientists.
  • In addition, the standing department of the Chairman of the Advisory Council for Resolution of Petitions is the unit assigned to manage bidding activities, but does not include individuals from the expert group or appraisal team.
  • This department performs administrative tasks and receives and manages costs submitted by contractors and investors.

Responsibilities of the Council

Pursuant to Clause 3, Article 93 of the Law on Bidding 2023, the Advisory Council for Resolution of Petitions is responsible for advising and providing solutions to resolve petitions in the following specific cases:

  • The Council established by the Minister of Planning and Investment is responsible for resolving recommendations when requested by the Prime Minister.
  • The Council established by the Minister, Head of a ministerial-level agency or a government agency is responsible for resolving recommendations regarding bid packages of projects, procurement estimates, and business investment projects managed by this agency, except for bid packages specified in Point a, Clause 3, Article 93 of this Law.
  • The Council established by the Director of the Department of Planning and Investment is responsible for resolving recommendations regarding bid packages of projects, procurement estimates, and business investment projects in the province or centrally run city, except for bid packages specified in Points a and b, Clause 3, Article 93 of this Law.
Regulations on Advisory Council to resolve recommendations
Regulations on Advisory Council to resolve recommendations

Procedure for resolving complaints in bidding activities

Resolve recommendations on contractor selection

1. For cases before notification of contractor selection results:

Pursuant to Clause 1, Article 91 of the Law on Bidding 2023, the steps to resolve complaints before notification of contractor selection results are:

  • Step 1: Contractors, agencies and organizations send petitions to investors before the results are posted.
  • Step 2: The investor shall resolve and send a written response within 7 working days.
  • Step 3: If there is no agreement or the deadline is not in writing, the contractor has the right to send a petition to the competent person within 5 working days.
  • Step 4: The person with authority to resolve and send a written response within 5 working days.

2. For cases after notification of contractor selection results:

Process 1:

  • The contractor sends a petition to the investor within 10 days after notification of the results.
  • The investor shall resolve and send a written response within 7 working days.
  • If not agreed or overdue, the contractor can send the application to the competent person within 5 working days.
  • The competent person will resolve and send a decision within 5 working days.

Process 2:

  • The contractor sends the petition directly to the competent person within 10 days.
  • The competent person will resolve and send a decision within 5 working days.

Resolve recommendations on investor selection

Pursuant to Clauses 1 and 2, Article 92 of the Law on Bidding 2023, the resolution of petitions on investor selection will follow the following sequence:

1. In case of resolving complaints on issues during the contractor selection process

  • Step 1: Investors, agencies and organizations send petitions to the bidding party before announcing the results of investor selection.
  • Step 2: The bidding party must resolve and send a written response within 15 days of receiving the petition.
  • Step 3: If you do not agree with the resolution result or if the deadline has passed and the bidding party does not have a written response, the investor, agency or organization has the right to send a petition to the competent person within 5 working days.
  • Step 4: The competent person must resolve and send a written response within 5 working days from the date of receipt of the petition.

2. Resolution of petitions after notification of investor selection results is carried out according to one of the following two processes:

Process 1:

  • The investor sends a petition to the bidding party within 10 days from the date of notification of selection results.
  • The bidding party must resolve and send a written response within 15 days.
  • If the investor does not agree or is past the deadline without a written response, the investor has the right to send a petition to the competent person within 5 days.
  • The competent person must issue a decision to resolve the petition within 10 days.

Process 2:

  • Investors send petitions directly to the competent person within 10 days from the date of notification of selection results.
  • The competent person must issue a decision to resolve the petition within 10 days.
The steps of resolving complaints in bidding activities
The steps of resolving complaints in bidding activities

Consulting services on procedures for resolving complaints in bidding activities at Long Phan

The process of resolving complaints in bidding activities is an indispensable part to protect the interests of participating parties, while maintaining fairness and transparency. At Long Phan, we provide comprehensive consulting services and support you in resolving complaints related to bidding activities. The specialized services we provide include:

  • Consulting on petition procedures.
  • Evaluate and analyze recommendation content.
  • Advise on the rights and obligations of the parties during the petition resolution process.
  • Evaluate the validity of recommendations.
  • Carry out procedures related to bidding proposals.
  • Resolve disputes between related parties if any disputes arise.

To ensure you do not miss any opportunities and protect your rights, Long Phan always accompanies you through every step in the bidding process. For more detailed advice, please contact us via the hotline: 0906735386. Long Phan will help you resolve all recommendations effectively and professionally!