Cases of re-issuance of bidding practicing certificate in Vietnam

Cases of re-issuance of bidding practicing certificate in Vietnam (Internet image)

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

1. Cases of re-issuance of bidding practicing certificate in Vietnam

According to Clause 1, Article 17 of Circular 04/2019/TT-BKHDT, the bidding practicing certificate shall be re-issued in the following cases:

- The issued bidding practicing certificate is still effective but torn, damaged or lost or contains incorrect information;

- The issued bidding practicing certificate expires and the applicant for re-issuance of the practicing certificate satisfies one of the following conditions:

+ During the period he/she practices bidding according to the previously issued certificate, he/she has directly engaged in preparing and appraising EOI requests, prequalification documents, bidding documents and EOI responses, evaluating EOI responses, prequalification applications, bid packages and proposals, and appraising results of EOI, prequalification and selection of preferred bidders for at least 05 large contract packages or 10 small contract packages.

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

+ During the period he/she practices bidding according to the previously issued certificate, he/she has directly engaged in teaching at least 10 basic bidding training courses or joining the board or team in charge of drafting legislative documents on bidding.

- The certificate revocation period ends according to decision issued by a competent authority.

2. Application for re-issuance of the bidding practicing certificate in Vietnam

Specifically, in Clause 2, Article 17 of Circular 04/2019/TT-BKHDT, an application for re-issuance of the bidding practicing certificate includes:

- An application form (Form No. 3 in the Appendix 2 hereof);

- The issued bidding practicing certificate in case it is still effective but torn, damaged or lost or contains incorrect information;

- Regarding the case in which the certificate expires:

A list of activities directly related to the preparation and appraisal of EOI requests, prequalification documents, bidding documents and EOI responses, evaluation of EOI responses, prequalification applications, bid packages and proposals, appraisal of results of EOI, prequalification and selection of preferred bidders, preparation of legislative documents on bidding and provision of training in bidding during the effective period of the issued certificate.

Appraisal results of evaluation of dossiers of expression of interest, results of evaluation of pre-qualification applications, results of contractor selection; elaborating legal documents on bidding; teaching on bidding during the validity of the issued certificate.

3. Conditions for granting practice certificate of bidding in Vietnam

According to Clause 2, Article 111 of Decree 63/2014/ND-CP, a person shall be issued with the practice certificate of bidding if (s)he:

- Has a certificate of training in bidding;

- Has at least a Bachelor’s degree;

- Is capable of civil acts and not facing any criminal prosecution.

- Has at least continuous 04 years’ experience in works directly related to the bidding or at least 05 years’ experience in bidding (in case of discontinuity in the duration);

Or directly make or verify the EOI request, invitation for prequalification, invitation for bid, request for proposals; evaluate the EOI response, application for prequalification, bid-envelopes, proposals;

Verify the evaluation result of EOI response, evaluation result of application for prequalification and the bidding result of at least 05 large-scale contracts or 10 small-scale contracts;

- Pass the exam held by the Ministry of Planning and Investment.

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