Vietnam: Requirements for mobilization of personnel for performance of package

According to Article 6 of the Circular No. 09/2020/TT-BKHĐT of the Ministry of Planning and Investment of Vietnam, requirements for mobilization of personnel for performance of package are specified as follows:

1. Regarding the work related to supply of the goods, the bidding documents may not require mobilization of key personnel. 

2. Regarding common and available-on-market goods which do not require personnel performing related services to be highly-skilled, the bidding documents may not require key personnel. If the related services are particular and complex that need personnel who are highly-skilled and -experienced, the bidding documents may require mobilization of key personnel. If so, the request for approval for bidding documents must specify reasons for the investor to consider. The investor and procuring entity must ensure the mobilization of key personnel will not cause an increase in the costs of the package, limit the participation of the bidders or bring an advantage to one or certain bidders, which causes an unfair competition.

3. If the bidding documents require mobilization of key personnel, in the bid, the bidder must prove their capacity to mobilize key personnel proposed to perform the package to meet the requirements of the bidding documents. The key personnel may be on the payroll of the bidder or mobilized by the bidder. If the key personnel proposed by the bidder have not met the requirements of the bidding documents; the expert group or procuring entity needs to require the bidder to replace another person within a given time for further consideration without immediate disqualification of the bid. In any circumstance, the bidder must undertake that details about resumes and experience of the key personnel are true.

View more details at the Circular No. 09/2020/TT-BKHĐT of the Ministry of Planning and Investment of Vietnam, effective from January 15, 2021.

Thuy Tram

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