What are the instructions for 02 forms of inspection of bidding activities in Vietnam under the Decree 24/2024/ND-CP?
- What are the instructions for 02 forms of inspection of bidding activities in Vietnam under the Decree 24/2024/ND-CP?
- What are the responsibilities for inspecting bidding activities in Vietnam?
- Vietnam: What are the responsibilities of organizations and individuals of the inspected entity and related organizations and individuals?
What are the instructions for 02 forms of inspection of bidding activities in Vietnam under the Decree 24/2024/ND-CP?
Pursuant to the provisions of Article 118 of Decree 24/2024/ND-CP, there are instructions for 02 forms of inspection of bidding activities. Specifically:
Periodic inspection:
- Periodic inspection is carried out according to the annual plan approved by the head of the inspection agency;
- Based on the implementation of bidding activities in each year, the lead inspection agency shall make a periodic inspection plan for the following year and submit it to the head of the inspection agency for approval. The periodic inspection plan includes the following contents: list of inspected entities; projects and procurement estimates to be inspected; inspection time; inspection scope and inspected matters; inspection coordination agencies (if any);
- If it is necessary to revise the approved periodic inspection plan, the lead inspection agency shall make a revision plan and submit it to the head of the inspection agency for approval;
- The approved periodic inspection plan and revision plan (if any) are the basis for the head of the inspection agency to approve the inspection decision and organize inspection;
- The periodic inspection plan and revision plan (if any) are sent to the inspected entity within 10 days from the date of approval provided that the inspected entity receives them at least 15 days before the inspection date.
Surprise inspection:
- Surprise inspection decided by the head of the inspection agency;
- Surprise inspections are carried out for specific cases at the request of the Prime Minister, heads of central agencies, President of the Provincial People's Committee, and heads of inspection agencies.
What are the instructions for 02 forms of inspection of bidding activities in Vietnam under the Decree 24/2024/ND-CP?
What are the responsibilities for inspecting bidding activities in Vietnam?
Pursuant to the provisions of Article 114 of Decree 24/2024/ND-CP, there are regulations on responsibilities for bidding activities.
Ministry of Planning and Investment:
- Lead the inspection of bidding activities at ministries, ministerial-level agencies, Governmental agencies, and other central and local agencies according to periodic plans approved by the Minister of Planning and Investment;
- Lead the inspection of bidding activities according to Clause 2 of Article 114 of Decree 24/2024/ND-CP;
- Agencies tasked with managing bidding activities under the Ministry of Planning and Investment assist the Minister of Planning and Investment in inspecting bidding activities according to Point a of this clause.
Ministries, ministerial-level agencies, Governmental agencies, and other central agencies
Ministries, ministerial-level agencies, Governmental agencies, and other central agencies shall lead the inspection of bidding activities for projects for projects in which investment is decided by the head of central agencies or projects undertaken by entities under their management.
Provincial People's Committee:
- Lead the inspection of bidding activities of units under its management and projects whose investment is decided by the President of the Provincial People's Committee;
- The Department of Planning and Investment helps the Provincial People's Committee inspect bidding activities according to Point a of this Clause.
Competent persons of state-owned enterprises shall inspect bidding activities
Competent persons of state-owned enterprises shall inspect bidding activities for projects in which they decide to invest, and projects of enterprises in which they hold 100% of the charter capital.
Vietnam: What are the responsibilities of organizations and individuals of the inspected entity and related organizations and individuals?
Pursuant to Article 116 of Decree 24/2024/ND-CP, the responsibilities of organizations and individuals in the inspected entity include:
- Coordinate with and facilitate the inspection team during the inspection process;
- Report honestly, provide complete information and documents promptly and take legal responsibility for the information provided;
- Explain the contents in the draft inspection report (if any);
- Implement the suggesions in the inspection findings of the inspection agency;
- Send a feedback report on the implementation of suggestions in the inspection findings to the inspection agency as prescribed in Clause 4, Article 121 of Decree 24/2024/ND-CP.
In addition, responsibilities of relevant organizations and individuals include:
- Report honestly, provide complete information and documents promptly when requested by the inspection team and take legal responsibility for the information provided;
- Explain the contents in the draft inspection report (if any).
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