According to Mr. Nguyen Minh Tue ( Son La ), referring to Clause 4, Article 78 of the 2023 Law on Bidding, the investor's responsibility is to "... Decide to establish a team of experts meeting the provisions of Article 19 of this Law in case a consulting unit is not hired as the bidding party".
However, on the National Bidding Network System, the content section "creating an expert team" has only 2 items: "established by the bidding party"; "established by the consulting unit (in case of hiring a consulting unit)".
Mr. Tue asked, does the fact that the inviting party still posts the content of establishing a team of experts ensure compliance with regulations?
On this issue, the Ministry of Planning and Investment (now the Ministry of Finance ) has the following opinion:
According to Law No. 57/2024/QH15 amending and supplementing a number of articles of the Law on Planning, the Law on Investment, the Law on Investment under the public-private partnership model and the Law on Bidding (Clause 6, Article 4, effective from January 15, 2025), the provisions of Article 19 of the Law on Bidding 2023 have been amended and supplemented in the direction that in case the investor or the inviting party hires a consultant to prepare the documents of invitation for expression of interest, documents of invitation for pre-qualification, invitation for bids, request documents; evaluate the documents of expression of interest, documents of pre-qualification, bidding documents, proposal documents, documents of registration for implementation of business investment projects, the expert team will be established by the consulting unit.
Government.vn
Source: https://baochinhphu.vn/can-cu-thanh-lap-to-chuyen-gia-dau-thau-102250421163320.htm
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