Who are the members of appraising teams in bidding activities in Vietnam? How many years of experience do members of the appraising teams need to have?
Who are the members of appraising teams in bidding activities in Vietnam?
The Law on Bidding 2023 provides for state management of bidding activities; powers and responsibilities of authorities, organizations and individuals in bidding activities; selection of contractors executing contract packages and selection of investors executing investment projects.
Accordingly, in Article 19 of the Law on Bidding 2023, there are regulations on appraisal teams as follows:
Expert team, appraising team
1. An expert team consists of capable and experienced individuals who are selected or assigned by the employer or bidding consultant (in case of contractor selection) or the procuring entity (in case of investor selection) to perform one or some of the following tasks: preparation of EOI request, prequalification document, bidding documents or RFP; evaluation of EOIs, prequalification applications, bids, proposals or applications for execution of investment project; other tasks during the contractor/investor selection process.
2. An appraising team consists of capable and experienced individuals who are selected or assigned by the competent person, employer or bidding consultant to inspect and consider the compliance with laws and regulations by one or all of the following contents: contractor selection master plan, contractor selection plan; EOI request, prequalification document, bidding documents or RFP and EOI selection result, prequalification result, and contractor/investor selection result.
3. In order to become a member of the expert team or appraising team, an individual shall have at least 03 years’ experience in any field relevant to legal, technical or financial contents of the package or investment project.
4. The Government shall elaborate capacity and experience requirements to be satisfied by members of the expert team and appraising team.
Thus, an appraising team consists of capable and experienced individuals who are selected or assigned by the competent person, employer or bidding consultant to inspect and consider the compliance with laws and regulations by one or all of the following contents:
Specifically:
- Contractor selection master plan, contractor selection plan;
- EOI request, prequalification document, bidding documents or RFP
- EOI selection result, prequalification result, and contractor/investor selection result.
At the same time, in order to become a member of the expert team or appraising team, an individual shall have at least 03 years’ experience in any field relevant to legal, technical or financial contents of the package or investment project.
Who are the members of appraising team in bidding activities in Vietnam? How many years of experience do members of the appraising team need to have?
Vietnam: How many years of experience do members of the appraising teams need to have?
Pursuant to the provisions of Clause 3, Article 19 of the Law on Bidding 2023 as follows:
Expert team, appraising team
...
3. In order to become a member of the expert team or appraising team, an individual shall have at least 03 years’ experience in any field relevant to legal, technical or financial contents of the package or investment project.
Thus, according to regulations, members of the appraisal team need to have at least 03 years’ experience.
Specifically, including any field relevant to package or investment project:
- Legal field;
- Technical field;
- Financial field.
What are the responsibilities of appraising teams in Vietnam?
The responsibilities of appraising teams are specifically stipulated in Article 81 of the Law on Bidding 2023 as follows:
Responsibilities of appraising teams
1. Perform appraisal tasks in an independent and objective manner.
2. Request the employer/procuring entity to provide adequate relevant documents.
3. Protect confidentiality of information and documents obtained during appraisal process.
4. Provide relevant information and documents and explanations about the fulfillment of responsibilities specified in this Article at the request of the competent person, employer, inspecting authorities and bidding authorities.
5. Assume responsibility before the law, the competent person and employer for performance of appraisal tasks and other assigned tasks as prescribed in this Article.
6. Discharge other responsibilities as prescribed by this Law and relevant laws.
Thus, in bidding activities, the appraising team has the following main responsibilities:
- Perform appraisal tasks in an independent and objective manner.
- Request the employer/procuring entity to provide adequate relevant documents.
- Protect confidentiality of information and documents obtained during appraisal process.
- Provide relevant information and documents and explanations about the fulfillment of responsibilities specified in this Article at the request of the competent person, employer, inspecting authorities and bidding authorities.
- Assume responsibility before the law, the competent person and employer for performance of appraisal tasks and other assigned tasks as prescribed in this Article.
- Discharge other responsibilities as prescribed by this Law and relevant laws.
Law on Bidding 2023 takes effect from January 1, 2023
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