Requirements for lecturers in bidding in Vietnam

Requirements for lecturers in bidding in Vietnam (Internet image)

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

1. Requirements for lecturers in bidding in Vietnam

Requirements for lecturers in bidding according to Article 109 of Decree 63/2014/ND-CP are as follows:

- Have at least Bachelor's Degrees in law, technology, and economics.

- Have at least 05 continuous years’ experience in bidding or at least 06 years’ experience in bidding (in case of discontinuity in the duration).

- Have practice certificates of bidding.

- Complete the training courses for lecturers in bidding offered by the Ministry of Planning and Investment.

2. Application, assessment, recognition and disqualification of lecturers in bidding in Vietnam

Application, assessment, recognition and disqualification of lecturers in bidding according to Article 110 of Decree 63/2014/ND-CP as follows:

- Any lecturer meeting all of the regulations in Article 109 of this Decree shall send an application for recognition as lecturer in bidding to the Ministry of Planning and Investment.

- The Ministry of Planning and Investment shall form a Council to verify such application.

- The lecturer in bidding confirmed by the Council that (s)he satisfies the requirements prescribed in Article 109 of this Decree shall be recognized as lecturer in bidding and published on the national bidding system .

- A lecturer in bidding shall:

+ give lectures following the framework programme prescribed by the Ministry of Planning and Investment;

+ sharpen their knowledge and learn the policies if there are new policies;

+ send annual reports or irregular reports at the request of the Ministry of Planning and Investment on their teaching of bidding.

- A lecturer in bidding shall be deleted from the national bidding system if (s)he:

+ give lectures unconformable with the framework programme prescribed by the Ministry of Planning and Investment;

+ does not learn new knowledge and policies;

+ does not send annual reports or irregular reports at the request of the Ministry of Planning and Investment on their teaching of bidding.

3. Conditions for issuance of bidding practicing certificate in Vietnam

According to Article 12 of Circular 04/2019/TT-BKHDT, 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.

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