To simplify the issuance of procurement practice certificates in Vietnam

What are the changes in the issuance of procurement practice certificates in Vietnam? - Duy Anh (HCMC, Vietnam)

To simplify the issuance of procurement practice certificates in Vietnam (Internet image)

On December 1, 2022, the Prime Minister of Vietnam issued Decision 1505/QD-TTg approving the plan to reduce and simplify regulations related to business activities within the scope of management functions.

Thus, the procedure for granting a procurement practice certificate is simplified as follows:

To simplify the issuance of procurement practice certificates in Vietnam

- Content reduction and simplification:

The regulation on individuals participating in bidding activities belonging to professional bidding organizations shall be abolished, and bidding consultancy units must have a practicing certificate.

Reason:

+ According to current law, bidding is not a conditional business line.

+ The removal of practice certificate regulations saves individuals and organizations time and money when conducting examinations and examination procedures for the grant of practice certificates.

+ The determination of whether an individual meets the requirements to perform bidding activities or participate in bidding consultancy or not may be decided by the service user.

- Recommendations for implementation:

+ Amendments to Article 16 of the Bidding Law

+ Timeline for implementation: 2022-2023

Conditions for issuance of bidding practicing certificate in Vietnam

In Article 12 of Circular 04/2019/TT-BKHDT in 2022, an individual 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 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.

Ngoc Nhi

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