What is a bidding practicing certificate in Vietnam? Who is required to have a bidding practicing certificate in Vietnam?
What is a bidding practicing certificate in Vietnam?
According to the provisions of Article 11 of Circular No. 04/2019/TT-BKHDT on bidding practicing certificate as follows:
Bidding practicing certificate
1. The bidding practicing certificate shall be issued to the following individuals when they have to directly perform the tasks specified in Clause 2 Article 16 of the Law on Bidding.
a) Individuals of bidding consultancies; independent bidding consultants;
b) Individuals of professional project management units: they belong to professional project management units that include specialized project management units, and regional project management units prescribed by law on construction or project management units that are established to manage professional projects or manage multiple projects at the same time or waterfall projects;
c) Individuals of central procurement agencies: they belong to central procurement agencies which are established to be in charge of central procurement and recurring procurement;
d) Other individuals.
Thus, the bidding practicing certificate can be understood as a certificate used to certify the capacity and ability of individuals to be allowed to operate in bidding.
Pursuant to Article 12 of Circular No. 04/2019/TT-BKHDT, an individual shall be issued with a bidding practicing certificate if he/she satisfies all of the following conditions:
- Have the certificate of basic training in bidding;
- Obtain at least a bachelor’s degree;
- Have full legal capacity and is not incurring criminal prosecution;
- Satisfy one of the following conditions:
+ He/she has regularly and continuously engaged in one of the following bidding-related tasks in the last 04 years (by the time of registering for the examination):
++ Deliver lectures on bidding;
++ Prepare legal documents on bidding;
++ Engage in the process of selecting preferred bidders and managing the execution of contract packages within the scope of the Law on Bidding such as preparing and appraising the plan for selection of preferred bidders; preparing and appraising EOI requests, prequalification documents, bidding documents, requests for proposals; evaluating EOI responses, prequalification applications, bid packages and proposals; appraising results of evaluation of EOI responses and prequalification applications, results of selection of preferred bidders; engaging in negotiation and completion of contracts; engaging in project and contract management (commissioning, payment, revision to contracts, etc.);
+ He/she has occasionally and engaged in one of the bidding-related tasks specified in Point a of this Clause in the last 05 years (by the time of registering for the examination).
+ He/she has engaged in preparing and appraising EOI requests, prequalification documents, bidding documents and EOI responses; evaluating EOI responses, prequalification applications, bid packages and proposals; appraising results of evaluation of EOI responses and prequalification applications, results of selection of preferred bidders for at least 05 big contract packages (contract package of supply of non-consulting services and goods procurement with a value of more than VND 10 billion; contract package of construction and mixed contract package with a value of more than VND 20 billion) or 10 small contract packages. Contract packages for supply of complicated and simple consulting services are equivalent to large and small contract packages respectively.
- Pass the examination organized by the Ministry of Planning and Investment.
What is a bidding practicing certificate in Vietnam? Who is required to have a bidding practicing certificate in Vietnam?
Which bidding activities are required to have a bidding practicing certificate in Vietnam?
Pursuant to the provisions of Clause 2, Article 16 of the 2013 Law on Procurement in Vietnam stipulating as follows:
Conditions for individuals to participate in bidding activities
...
2. Individuals who directly participate in making EOI requests, Prequalification Documents, Bidding Documents, Requests for Proposals; assessment of EOI responses, Applications, Bids, Proposals of professional bidding organizations, enterprises, units operating in consulting for bidding, professional management board of projects must have certificate of practicing on bidding operation.
Specifically, individuals directly participating in the following activities are required to have a bidding practicing certificate:
- Making EOI requests, Prequalification Documents, Bidding Documents, Requests for Proposals;
- Assessment of EOI responses, Applications, Bids, Proposals of professional bidding organizations, enterprises, units operating in consulting for bidding, professional management board of projects.
Who is not required to have a bidding practicing certificate in Vietnam?
Pursuant to Clause 6, Article 11 of Circular No. 04/2019/TT-BKHDT, the following individuals are not required to obtain a bidding practicing certificate:
- Individuals of project management units established to execute each specific project and this project management unit shall be dissolved after closing the project;
- Regulatory authorities, political organizations, socio-political organizations, social-political-professional organizations, socio-professional organizations, social organizations, units affiliated to People's Armed Force and public service providers’ individuals engaging in the tasks specified in Clause 2 Article 16 of the 2013 Law on Procurement in Vietnam within their jurisdiction, except for the individuals specified above.
- Individuals engaging in the tasks specified in Article 2 of the 2013 Law on Procurement in Vietnam regarding central procurement required on a part-time and occasional basis.
Individuals specified above are required to obtain the certificate of basic training in bidding when engaging in bidding.
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