Conditions for issuance of bidding practicing certificate in Vietnam

Conditions for issuance of bidding practicing certificate in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Conditions for issuance of bidding practicing certificate in Vietnam

According to Article 12 of Circular 04/2019/TT-BKHDT, an individual in Vietnam shall be issued with the bidding practicing certificate if he/she satisfies all of the following conditions:

* Have the certificate of basic training in bidding;

* Obtain at least a bachelor’s degree;

* Have full legal capacity and is not incurring criminal prosecution;

* Satisfy one of the following conditions:

- He/she has regularly and continuously engaged in one of the following bidding-related tasks in the last 04 years (by the time of registering for the examination):

= Deliver lectures on bidding;

= Prepare legal documents on bidding;

= Engage in the process of selecting preferred bidders and managing the execution of contract packages within the scope of the Law on Bidding such as

== Preparing and appraising the plan for selection of preferred bidders;

== Preparing and appraising eoi requests, prequalification documents, bidding documents, requests for proposals;

== Evaluating eoi responses, prequalification applications, bid packages and proposals;

== Appraising results of evaluation of eoi responses and prequalification applications, results of selection of preferred bidders;

== Engaging in negotiation and completion of contracts; engaging in project and contract management (commissioning, payment, revision to contracts, etc.);

- He/she has occasionally and engaged in one of the bidding-related tasks specified in Point a of this Clause 4 Article 12 of Circular 04/2019/TT-BKHDT in the last 05 years (by the time of registering for the examination).

- He/she has engaged in preparing and appraising EOI requests, prequalification documents, bidding documents and EOI responses; evaluating EOI responses, prequalification applications, bid packages and proposals;

Appraising results of evaluation of EOI responses and prequalification applications, results of selection of preferred bidders for at least 05 big contract packages (contract package of supply of non-consulting services and goods procurement with a value of more than VND 10 billion; contract package of construction and mixed contract package with a value of more than VND 20 billion) or 10 small contract packages.

Contract packages for supply of complicated and simple consulting services are equivalent to large and small contract packages respectively.

* Pass the examination organized by the Ministry of Planning and Investment.

2. Registration for examination in Vietnam

Registration for examination in accordance with Article 13 of Circular 04/2019/TT-BKHDT is as follows:

- Any individual wishes to take an examination for the bidding practicing certificate shall register for it through the national bidding network system.

- The Public Procurement Agency shall provide and publish instructions on registration for and submission of applications for registration for examination on the national bidding network system. Individuals are only allowed to take an examination after successfully applying for registration and paying all examination fees as prescribed.

- If, in an examination, the candidate only passes one of the two subjects in an examination, the passing score shall be deferred within 12 months from the date of issuing the decision on recognition of examination results.

During the retention period, the candidate may register for re-examination in the subject in which the candidate previously failed to pass. As the retention period ends, the passing score is no longer valid.

The candidate who failed in one of the two subjects in the examination for the bidding practicing certificate for consulting services or construction, goods procurement and supply of non-consulting services may register for re-examination in the subject in which he/she previously failed to pass.

If the candidate passes the subject in the re-examination, he/she shall be issued with the bidding practicing certificate for supply of consulting services and non-consulting services, construction, and goods procurement.

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