Latest procedures for revocation of bidding professional certificates in Vietnam

Latest procedures for revocation of bidding professional certificates in Vietnam (Internet image) 

1. What is a bidding professional certificate?

According to Clause 1, Article 3 of Circular 02/2024/TT-BKHDT, “bidding professional certificate” is a certificate issued by the authority specified in Clause 1, Article 9 of this Circular to an individual who takes an examination and passes the examination specified in Clause 3, Article 20 of Circular 02/2024/TT-BKHDT.

2. Agencies that administer examinations, issue or revoke bidding professional certificates in Vietnam

According to Article 9 of Circular 02/2024/TT-BKHDT, agencies that administer examinations, issue or revoke bidding professional certificates in Vietnam are as follows:

- Agencies that issue or revoke bidding professional certificates (hereinafter referred to as issuing authorities):

= Bidding Management Department under the Ministry of Planning and Investment;

= Departments of Planning and Investment of provinces or centrally affiliated cities.

- The issuing authorities specified in Clause 1 of this Article shall assign their affiliated public sector entities to receive and check the applications for examination and initial issuance of certificates, applications for re-issuance or renewal of bidding professional certificate and administer bidding examinations.

3. Latest procedures for revocation of bidding professional certificates in Vietnam

Article 10 of Circular 02/2024/TT-BKHDT stipulates the revocation of bidding professional certificates as follows:

- Members of expert teams or appraisal teams will have their bidding professional certificates revoked if they face penalties due to their violations specific in Clause 9, Article 125 of Decree 24 /2024/ND-CP on elaboration of and guidelines for the Bidding Law regarding contractor selection.

- Revocation of bidding professional certificates:

= Within 5 working days after the date of decision on revocation of the bidding professional certificate, the issuing authority shall send the revocation decision to the individual subject to certificate revocation and post the information on the System, VNEPS;

= The individual subject to certificate revocation must return the original certificate to the authority that issued the revocation decision within 5 working days of receiving the revocation decision. If the individual subject to certificate revocation fails to return the certificate, the issuing authority shall cancel the bidding professional certificate, send a notice to that individual, and post information on the System, VNEPS, and send information to the Bidding Management Department affiliated to Ministry of Planning and Investment for consolidation and monitoring;

= The certificate status of the individual subject to certificate revocation in the database on the System is displayed as "certificate revoked".

- The individual subject to certificate revocation may take an examination for a new certificate at least 2 years after the date of certificate revocation.

To Quoc Trinh

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