Types of bidding practicing certificate in Vietnam

Types of bidding practicing certificate in Vietnam (Internet image)

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

1. Types of bidding practicing certificate in Vietnam

According to Clause 3, Article 11 of Circular 04/2019/TT-BKHDT, bidding practicing certificate includes:

- Bidding practicing certificate for consulting services;

- Bidding practicing certificate for non-consulting services, goods procurement and construction;

- Individuals who pass the examination for the bidding practicing certificate for consulting services, construction, goods procurement and supply of non-consulting services shall be issued with the bidding practicing certificate for consulting services, construction, goods procurement and supply of non-consulting services.

2. Regulations on the use of bidding practicing certificate in Vietnam

Pursuant to Clause 4, Article 11 of Circular 04/2019/TT-BKHDT, the bidding practicing certificate shall be used as follows:

- Holders of the bidding practicing certificate for consulting services are entitled to engage in selection of bidders for contract packages of supply of consulting services;

- Holders of the bidding practicing certificate for construction, goods procurement and supply of  non-consulting services are entitled to engage in selection of bidders for contract packages of construction, goods procurement and supply of non-consulting services, contract packages of goods procurement and construction (PC);

- Holders of the bidding practicing certificate for consulting services, construction, goods procurement and supply of non-consulting services are entitled to engage in selection of bidders for all contract packages.

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 Clause 4 of 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.

Ho Quoc Tuan

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