What documents does the authorized person sign on behalf of the contractor's representative?

Wed, 22 Sep 2021 16:09:00  |  Print  |  Email   Share:

Via the receipt and reply system to business recommendations, Mr. Do Van Vuong requested the authorities to answer questions about the authorized content in the "Power of Attorney" form of the bidding documents on procurement of goods promulgated together with Circular 05/2015/TT-BKHDT of the Ministry of Planning and Investment.

In the form "Power of Attorney" of the invitation to bid on procurement of goods issued together with Circular 05/2015/TT-BKHĐT of the Ministry of Planning and Investment, the scope of authorization is stated as follows: Sign the bid submission form; Sign the joint venture agreement (if any); Sign documents with the Purchaser during the bidding processing, including the request for clarification of bidding documents and bids; sign requests for bid withdrawal, modification or substitutions; Participate in contract negotiation and conclusion; Sign complaint letter (if any); Sign the contract with the Investor if the bidder is successful.

Mr. Vuong asked, for convenience in the bidding processing and contract execution, whether the contractor’s legal representative can authorize more contents as followings:

- Implement financial security with the bank according to the requirements of the bidding documents (bid security, contract performance guarantee, etc.).

- Make the payment, contract liquidation with the investor if selected.

- Sign other documents and papers in bidding participation and contract performance.

In this regard, the Ministry of Planning and Investment replied as follows:

According to the instructions in Form No. 02, Chapter IV, Bidding forms for procurement of goods issued together with Circular 05/2015/TT-BKHDT dated June 16, 2015, of the Ministry of Planning and Investment, the legal representative of the contractor may authorize the deputy, subordinate, branch manager, or the head of the contractor's representative office to perform one or more of the tasks on behalf of the contractor's legal representative in bidding such as: sign the bid submission form; sign the joint venture agreement (if any); sign documents with the purchaser during the bidding processing, including the request for clarification of bidding documents and bids; sign requests for bid withdrawal, modification or substitutions; participate in contract negotiation and conclusion; sign complaint letter (if any); sign the contract with the Investor if the bidder is successful...

The seal used in case of authorization can be the seal of the contractor or the seal of the unit to which the individual concerned is authorized. The authorized person is not allowed to continue to authorize another person.

Regarding the matter that Mr. Do Van Vuong asked, the contractor's legal representative may authorize the deputy, subordinate, or head of the representative office or branch to perform the work as outlined above. Particularly for the content of authorization to sign payment, contract liquidation, and carry out financial security, it must comply with the provisions of the law on finance and other relevant laws.

By: Online Newspaper of the Government/ Translator: Viet Nguyen-Bizic

---------------------------------------------

Back    Up to top   

Same category News :

Other news :

Copyright © 2016 by the Chamber of Commerce and Industry of Vietnam - VCCI
Write "Chamber of Commerce and Industry of Vietnam"
or www.vcci.org.vn; www.vcci.com.vn; www.vcci.net.vn the release of information from this Website.
Designed and developed by Vietkent