In Vietnam, what is Circular 02/2024/TT-BKHDT on the training and retraining of professional knowledge on bidding, examination for the issuance of professional certificates in bidding, and revocation of issued certificates about?
- In Vietnam, what is Circular 02/2024/TT-BKHDT on training and retraining of professional knowledge on bidding, examination for the issuance of professional certificates in bidding, and revocation of issued certificates about?
- Who is subject to training, retraining, and improvement of professional knowledge on bidding in Vietnam?
- What are the eligibility requirements for members of expert teams and appraisal teams in bidding in Vietnam?
In Vietnam, what is Circular 02/2024/TT-BKHDT on training and retraining of professional knowledge on bidding, examination for the issuance of professional certificates in bidding, and revocation of issued certificates about?
>> Download all Circular 02/2024/TT-BKHDT on training and retraining of professional knowledge on bidding, examination for the issuance of professional certificates in bidding, and revocation of issued certificates: here
Circular 02/2024/TT-BKHDT includes 6 chapters, 39 articles, and 3 annexes, replacing Circular 04/2019/TT-BKHDT dated January 25, 1/2019 on guidelines for the provision of bidding training and examination for bidding practicing certificate. The Ministry of Planning and Investment said that the Circular was formulated and issued to ensure training and retraining of professional knowledge on bidding and examination for the issuance of professional certificates in bidding in accordance with the provisions of the Law on Bidding 2023 (effective from January 1, 2024).
Circular 04/2019/TT-BKHDT stipulates that individuals directly participate in preparing EOI requests for expressions of interest (hereinafter referred to as “EOI requests”), prequalification documents, bidding documents and requests for proposals; evaluating EOI responses, prequalification applications, bid packages and proposals must have a bidding practicing certificate.
However, under Circular 02/2024/TT-BKHDT, members of expert teams and appraisal teams are required to have professional certificates in bidding.
The 2 authorities assigned to organize the examination and issue professional certificates on bidding are the Department for Public Procurement (Ministry of Planning and Investment) and the Department of Planning and Investment of provinces and centrally-run cities.
At the same time, according to Circular 02/2024/TT-BKHDT, the fees for taking the examination for issuance, re-issuance and renewal of professional certificates in bidding for the first time is up to VND 800,000/candidate/examination; the fee for re-issuance and renewal of professional certificates in bidding is VND 100,000/time. This fee rate has been reduced by VND 100,000 compared to the fees for taking the examination for issuance/re-issuance of bidding practicing certificates according to Decision 1491/QD-BKHDT in 2020.
>>> See also: Application form for a professional certificate in bidding in 2024 Download
Who is subject to training, retraining, and improvement of professional knowledge on bidding in Vietnam?
Under Article 5 of Circular 02/2024/TT-BKHDT, the persons subject to training, retraining, and improvement of professional knowledge on bidding in Vietnam include:
Persons in charge of bidding tasks are responsible for updating their own professional knowledge on bidding or participating in professional training and retraining courses on bidding organized by Ministries, central authorities, localities, enterprises, or facilities providing bidding training courses.
What are the eligibility requirements for members of expert teams and appraisal teams in bidding in Vietnam?
According to Article 19 of Decree 24/2024/ND-CP:
Article 19. Capacity and experience requirements for expert teams and appraisal teams
1. Members of the expert team and appraisal team must meet the following requirements:
a) Have a professional certificate in bidding, except for the cases specified in Clauses 2 and 3 of this Article;
b) Obtain at least a bachelor’s degree;
c) Have active legal capacity as per the law; not being prosecuted for criminal liability;
d) Have at least 3 years of work in one of the fields related to the legal, technical, financial aspect of the package: have experience or perform technical-related tasks stated in the EOI request, prequalification document, bidding document, RFP or financial- or legal-related tasks.
2. Individuals who evaluate the overall contractor selection plan and specific contractor selection plan according to assigned tasks (not including bidding consultants) are not required to have a professional certificate in bidding.
3. In case the opinion of specialized experts is needed, these experts are not required to have a professional certificate in bidding.
4. For the medical field, in case the employer does not have personnel who meet the requirements specified in Clause 1 of this Article, then select a consulting bidder to act as an expert team or appraisal team. In case a consulting bidder cannot be selected, the employer has the right to mobilize and assign personnel such as doctors, pharmacists, managers or invite officials from the Department of Health and the Ministry of Health, and experts in the medical field to participate in the expert team or appraisal team, regardless of the qualifications in Points a and b, Clause 1 of this Article. The organization of contractor selection must meet the objectives of bidding which are competition, fairness, transparency, economic efficiency, and accountability.
According to the above regulations, members of expert teams and appraisal teams in bidding must meet the following requirements:
- Have a professional certificate in bidding, except for the following cases:
+ Individuals who evaluate the overall contractor selection plan and specific contractor selection plan according to assigned tasks (not including bidding consultants) are not required to have a professional certificate in bidding.
+ In case the opinion of specialized experts is needed, these experts are not required to have a professional certificate in bidding.
- Obtain at least a bachelor’s degree;
- Have active legal capacity as per the law; not being prosecuted for criminal liability;
- Have at least 3 years of work in one of the fields related to the legal, technical, financial aspects of the package: have experience or perform technical-related tasks stated in the EOI request, prequalification document, bidding document, RFP or financial- or legal-related tasks.
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