What is a professional certificate in bidding according to the law in Vietnam? What are cases of revocation of professional certificates in bidding in Vietnam?

What is a professional certificate in bidding according to the law in Vietnam?

Pursuatn to Clause 1, Article 3 of Circular 02/2024/TT-BKHDT stipulating following regulations:

Explanation of terms:

1. A professional certificate in bidding is a certificate issued by the authorized agency mentioned in Clause 1, Article 9 of this Circular to individuals who participate in the examination and meet the requirements specified in Clause 3, Article 20 of this Circular.

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Therefore, a professional certificate in bidding is a certificate issued by the competent authority to individuals who participate in the examination and meet the requirements to be granted the certificate.

What is a professional certificate in bidding according to the law in Vietnam? What are cases of revocation of professional certificates in bidding in Vietnam? - image from internet

What are cases of revocation of professional certificates in bidding in Vietnam?

Based on Clause 1, Article 10 of Circular 02/2024/TT-BKHDT, the revocation of professional certificates in bidding is regulated as follows:

Revocation of professional certificates in bidding

1. Individuals who are members of the expert group or the appraisal group shall have their professional certificates in bidding revoked in case of violations that are subject to sanctions according to the provisions of Clause 9, Article 125 of Decree 24/2024/ND-CP dated February 27, 2024, of the Government detailing certain articles and measures for the implementation of the Bidding Law regarding the selection of contractors.

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Pursuant to Clause 9, Article 125 of Decree 24/2024/ND-CP, the handling of violations in bidding activities is as follows:

Article 125. Handling of violations in bidding activities

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Members of the expert group or the appraisal group who violate the provisions of Article 16 of the Bidding Law shall be sanctioned according to the provisions of this Clause and have their professional certificates in bidding revoked.

Therefore, a professional certificate in bidding is revoked when individuals who are members of the expert group or the appraisal group commit the following violations in bidding activities:

- Giving, receiving, or brokering bribes.

- Exploiting their positions and powers to illegally influence or intervene in bidding activities in any form.

- Collusion, which includes the following actions:

+ Colluding, agreeing, or coercing one or multiple parties to prepare or withdraw bidding documents for one party to win the bid.

+ Colluding, agreeing to refuse to supply goods or services, not signing subcontract contracts, or implementing other forms of agreement to restrict competition for one party to win the bid.

+ Intentionally not providing documents to prove their capacity and experience when requested by the inviting party to clarify bidding documents or when requested to cross-reference documents to create favorable conditions for one party to win the bid.

- Fraud, which includes the following actions:

+ Falsifying or distorting information, documents, or materials in the bidding process.

+ Intentionally providing dishonest or non-objective information or documents in the concerned documents, prequalification documents, investment project registration documents, bidding documents, or proposal documents to distort the results of contractor or investor selection.

- Obstruction, which includes the following actions:

+ Damaging, deceiving, altering, or concealing evidence or reporting false information.

+ Threatening or suggesting to any party to prevent the clarification of acts of giving, receiving, or brokering bribes, fraud, or collusion with the functional authorities having the supervision, inspection, audit, or examination powers.

+ Obstructing authorized individuals, investors, inviting parties, contractors, or investors in the selection of contractors or investors.

+ Obstructing the supervisory, inspection, audit, or examination authorities in bidding activities.

+ Intentionally making false complaints, accusations, or recommendations to obstruct bidding activities.

+ Violating laws on safety or cybersecurity to interfere with or obstruct online bidding.

+ Failing to ensure fairness and transparency in bidding.

+ Disclosing documents or information about the contractor or investor selection process, except when providing information as prescribed.

- Transferring contracts in the following cases:

+ Contractors transferring to other contractors a portion of the work outside the maximum value allocated to subcontractors and the volume of work allocated to special subcontractors as stated in the contract.

+ Contractors transferring to other contractors a portion of the work within the maximum value of work allocated to subcontractors stated in the contract but beyond the scope of work proposed in the bidding documents or proposal documents without the approval of the investor or supervisory consultant.

+ Investors or supervisory consultants approving the transfer of work by contractors within the scope specified in this clause but exceeding the maximum value of work allocated to subcontractors stated in the contract.

- Selecting contractors without determining the source of funds.

Which agencies issue professional certificates in bidding in Vietnam?

Based on Article 9 of Circular 02/2024/TT-BKHDT, the agencies responsible for issuing and revoking professional certificates in bidding are as follows:

Article 9. Agencies responsible for issuing and revoking professional certificates in bidding

1. Agencies responsible for issuing and revoking professional certificates in bidding:

a) The Tender Management Department under the Ministry of Planning and Investment.

b) The Department of Planning and Investment of provinces and centrally-run cities.

2. The agencies mentioned in Clause 1 of this Article delegate public service provider under their jurisdiction to receive and examine initial registration files, re-registration files, and extension registration files for professional certificates in bidding, as well as organize professional exams in bidding.

Therefore, the authorized agencies for issuing professional certificates in bidding are:

- The Tender Management Department under the Ministry of Planning and Investment.

- The Department of Planning and Investment of provinces and central-affiliated cities.

Best regards!