15:52 | 22/07/2022

Is it eligible for persons with a certificate of bidding to join the expert group in Vietnam?

Is it eligible for persons with a certificate of bidding to join the expert group in Vietnam? What are penalties for violations against regulations on bidding in Vietnam?

I am the owner of a household business. However, I want to have more income, so I have participated in training for a certificate of bidding. Cureently, I'm working as both a household business and a bidder, but I want to join the expert group. Am I eligible to do so? What are penalties for violations against regulations on bidding in Vietnam?

Thank you!

Is it eligible for persons with certificate of bidding to join the expert group in Vietnam?

Pursuant to Article 116 of the Decree 63/2014/ND-CP stipulating the expert group as follows: 

1. Each expert of such group must have a practice certificate of bidding, except for the persons prescribed in Clause 3 and Clause 4 this Article.

2. An expert group may consist of experts in technology, finance, commerce, administrative affairs, legality and relevant fields depending on the nature and complexities of the contract.

3. Any person other than the persons prescribed in Clause 2 Article 16 of the Law on Bidding wising to participate in the expert group must:

a) have a Training certificate of bidding;

b) work in the field related to the contract;

c) have deep knowledge about the corresponding contents in the contract;

d) have at least 03 years’ experience in the field related to economic and technical contents of the contract.

4. Cases in which the opinions of other experts are needed, such experts are not required to have training certificates of bidding.

As regulations above, you only have a Training certificate of bidding, so you are not eligible to join the expert group. You shall meet all above requirements to join the expert group.

What are penalties for violations against regulations on bidding in Vietnam?

Pursuant to Article 121 of the Decree 63/2014/ND-CP stipulating penalties for violations against regulations on bidding in Vietnam as follows: 

1. Any entity committing any violation against the law on bidding shall be given a warning or a fine under the regulations of the law on imposition of penalties for administrative violations in the field of planning and investment.

2. Any entity committing any violation prescribed in Article 89 of the Law on Bidding and Clause 8 Article 12 of this Decree shall be prohibited from participating in the bidding.

3. Any individual committing any violation against the law on bidding which constitutes crimes under the regulations of the Criminal law shall be liable to criminal prosecution.

4. Any official committing any violation against the law on bidding shall be penalized under the regulation of the law on officials.

Best regards!

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