The Procurement Law of 2023, enacted by the National Assembly on June 23, 2023, will be effective from January 1, 2024 (“Procurement Law 2023“).

The Procurement Law 2023 supplements and details certain prohibited behaviors in the procurement activities.

Below, let’s delve into the details:

• Collusion includes the following behaviors:

• Colluding, agreeing, or coercing one or more parties to prepare bidding documents or withdraw bidding documents to favor a specific winning bidder.
• Colluding or agreeing to refuse the supply of goods or services, not signing subcontracting contracts, or engaging in other forms of agreements to limit competition for a particular winning bidder.
• Contractors or investors with capacity and experience who participate in the tender and meet the requirements of the bidding documents but deliberately do not provide documents to prove their capacity and experience when requested by the inviting party to clarify the bidding documents or when asked to compare documents to facilitate a specific winning bidder.

• Obstruction includes the following behaviors:

• Destroying, deceiving, altering, concealing evidence, or reporting false facts; threatening or suggesting to any party to prevent the clarification of behaviors related to bribery, fraud, or collusion with authorities responsible for monitoring, inspecting, auditing, or conducting procurement activities.
• Obstructing authorities with jurisdiction to monitor, inspect, audit, or investigate procurement activities.
• Intentionally filing complaints, accusations, or false recommendations to obstruct procurement activities.
• Violating laws on safety, cybersecurity to intervene and obstruct online procurement activities.

This news bulletin is intended solely for informing about newly enacted legal regulations and is not intended for specific cases or advisory purposes.

We hope this information is beneficial to our valued readers.

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