Circular No. 02/2024/TT-BKHĐT on the activities of training, enhancing professional knowledge, and examination, issuance, and revocation of certificates for specialized bidding business

 

 

CIRCULAR

Regulations on training, enhancing knowledge

and examination, issuance, revocation of certificates for specialized bidding business

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Pursuant to the Law on Bidding dated June 23, 2023;

Pursuant to Decree No. 32/2019/NĐ-CP dated April 10, 2019 of the Government stipulating the assignment of tasks, ordering goods or services, or tendering for the provision of public products and services using state budget funds from regular expenditure;

Pursuant to Decree No. 35/2021/NĐ-CP dated March 29, 2021 of the Government detailing and guiding the implementation of the Law on Public-Private Partnership;

Pursuant to Decree No. 89/2022/NĐ-CP dated October 28, 2022 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Planning and Investment;

Pursuant to Decree No. 23/2024/NĐ-CP dated February 27, 2024 of the Government detailing certain provisions and measures to implement the Law on Bidding regarding the selection of investors to implement projects that must be tendered according to the laws governing industries and sectors;

Pursuant to Decree No. 24/2024/NĐ-CP dated February 27, 2024 of the Government detailing certain provisions and measures to implement the Law on Bidding regarding the selection of contractors;

The Minister of Planning and Investment issues this Circular regulating activities related to training, enhancing knowledge, and examinations, issuance, and revocation of certificates for specialized bidding business.

 

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular regulates activities related to training, enhancing, updating knowledge and specialized bidding business skills; organizing examinations, initial issuance, reissuance, extension issuance, and revocation of certificates for specialized bidding business for contractor and investor selection as stipulated in the Law on Bidding.

Article 2. Applicability

This Circular applies to organizations and individuals participating in or related to activities related to training, enhancing, updating knowledge, and examinations, issuance, and revocation of certificates for specialized bidding business as specified in Article 1 of this Circular.

Article 3. Explanation of Terms

2. Examination and certificate issuance costs for specialized bidding business are the costs for participating in the examination and initial issuance, reissuance, and extension issuance of certificates for specialized bidding business.

3. The certificate issuance management system for specialized bidding business (hereinafter referred to as the System)is the information technology system located at https://chungchidauthau.mpi.gov.vn performing the following functions:

a) Publishing information related to the organization of examinations, issuance, and revocation of certificates for specialized bidding business;

b) Receiving and responding to information in registration files for initial issuance, reissuance, and extension issuance of certificates for specialized bidding business;

c) Organizing online examinations for specialized bidding business skills;

d) Managing personal data for initial issuance, reissuance, extension issuance, and revocation of certificates for specialized bidding business;

đ) Managing data of agencies organizing examinations, issuance, and revocation of certificates for specialized bidding business;

e) Other related functions.

4. Guidelines for Use Electronic documents published on the System to guide users in conducting transactions on the System.

5. Organizations participating in the System are agencies and units registering to participate in the System to perform one or more of the following activities:

a) Receiving and checking registration files for initial issuance, reissuance, and extension issuance of certificates for specialized bidding business;

b) Organizing examinations for specialized bidding business skills;

c) Issuing and revoking certificates for specialized bidding business.

6. Account participating in the System is the account granted to Participating Organizations to perform one or more activities as stipulated in Clause 5 of this Article.

7. Functional Account is the account created by the Participating Organization's Account to perform assigned tasks on the System.

8. Online Examination is the form where candidates take the exam on a computer through the examination software within the System.

9. The Bidding Support Center (hereinafter referred to as the Center) is a public service unit under the Department of Bidding Management, Ministry of Planning and Investment responsible for building, managing, operating, maintaining, and upgrading the System.

Article 4. Registration to join the System and processing of registration files

1. Organizations participating in the System shall conduct registration on the System. The registration form is specified in Form No. 01 and Form No. 02 in Appendix 03 of this Circular. The registration process shall be carried out according to the User Guide.

2. Supplementing, amending registered information on the System:

Amending registered information on the System (including adding activities for participating Account in the System) shall be conducted according to the User Guide.

3. Terminating or temporarily suspending participation in the System:

The System terminates or temporarily suspends the operation of the participating Account when it falls under one of the following cases:

a) In case the participating Organization requests to temporarily suspend all or some activities of its participating Account, it shall be carried out according to Guidelines for Use;

b) In case the unit organizing professional business training on procurement does not pay the fee as prescribed in Clause 2, Article 29 of this Circular, the System will temporarily suspend the operation of the professional business training organization on procurement of the participating Account;

c) In case the participating Organization has been dissolved or ceased operations in accordance with the provisions of the law, the System will update the status of terminating the participating Account.

4. Restoring the participating Account:

The restoration of the participating Account after being suspended or terminated as prescribed in Clause 3 of this Article shall be carried out according to Guidelines for Use.

5. Procedures and deadlines for processing files:

The Center is responsible for processing files as prescribed in Clause 1, Clause 2, Points a and b of Clause 3, and Clause 4 of this Article within two working days from the date of receiving the request on the System, and simultaneously notify the result of processing to the participating Organization through the notification board on the System, email, mobile application, or other information channels and are detailed in Guidelines for Use.

Chapter II

TRAINING, ENHANCEMENT, AND UPDATING OF KNOWLEDGE,

PROFESSIONAL BUSINESS SKILLS ON PROCUREMENT

Article 5. Subjects of training, enhancement, and updating of knowledge and professional business skills on procurement

Personnel engaged in procurement work have the responsibility to update their knowledge and professional business skills on procurement or participate in training courses, enhancement, and updating of knowledge and professional business skills organized by Ministries, sectors, localities, enterprises, or training institutions.

Article 6. Content of the program, forms of training and enhancement of professional business skills on procurement

1. Content of the training and enhancement program:

a) The content of the training and enhancement program for professional business skills on procurement to select contractors and investors shall be stipulated by Ministries, sectors, localities, enterprises, and training institutions based on referring to the contents according to the framework program prescribed in Appendix 1 issued together with this Circular, ensuring suitability with the requirements of each trainee;

b) The duration of each training, enhancement, and updating course of knowledge and professional business skills on procurement shall be determined by Ministries, sectors, localities, enterprises, and training institutions for procurement, ensuring compliance with the objectives and requirements of the training and enhancement course.

2. Training and enhancement activities shall be conducted in centralized, semi-centralized, or distance learning formats.

Chapter III

ORGANIZING TESTS, ISSUING, AND REVOKING CERTIFICATES

PROFESSIONAL BUSINESS SKILLS ON PROCUREMENT

Section 1

ISSUING AND REVOKING CERTIFICATES FOR PROFESSIONAL BUSINESS SKILLS

ON PROCUREMENT

Article 7. Issuance of Professional Qualification Certificates for Tendering

a) Individuals participating in the expert team or evaluation team in tendering to select contractors as prescribed in Article 19 of the Law on Bidding and Article 19 of Decree No. 24/2024/NĐ-CP dated February 27, 2024 of the Government detailing certain provisions and measures to implement the Law on Bidding;

b) Individuals participating in the expert team or evaluation team in tendering to select investors for business investment projects as prescribed in Clause 3, Article 1 of Decree No. 23/2024/NĐ-CP dated February 27, 2024 of the Government detailing certain provisions and measures to implement the Law on Bidding regarding the selection of investors to implement projects that must be tendered according to laws governing industries and sectors;

c) Individuals participating in the expert team in tendering to select investors for investment projects under the public-private partnership method as prescribed in Article 33 of Decree No. 35/2021/NĐ-CP dated March 29, 2021 of the Government detailing and guiding the implementation of the Law on Investment under the Public-Private Partnership Method.

a) Issuance of the certificate for the first time when all conditions are met: having full capacity for civil acts; not being within the period of criminal responsibility pursuit; passing the professional qualification examination for tendering as stipulated in this Circular;

b) Reissuance of the certificate shall be carried out in the case where the professional qualification certificate for tendering has been issued but its validity period remains, but it is lost, damaged, or incorrectly recorded;

c) Extension of the validity period of the professional qualification certificate for tendering shall be carried out in the case where the certificate expires as prescribed in Clause 1, Article 8 of this Circular. The individual must register for extension of the validity period of the certificate on the System at least 15 days before the expiration date of the certificate. After this period, the individual will not be able to register for extension of the validity period of the certificate and must take the examination and obtain the certificate for the first time as prescribed in point a of this clause if necessary.

Article 8. Validity and Format of Professional Qualification Certificates for Tendering

2. Professional qualification certificates for tendering shall have the format and content as set forth in Appendix 2 attached to this Circular.

1. Authorities issuing and revoking professional qualification certificates for tendering:

a) The Department of Tender Management under the Ministry of Planning and Investment;

b) Provincial Departments of Planning and Investment under centrally governed cities.

2. Authorities issuing and revoking professional qualification certificates for tendering as prescribed in Clause 1 of this Article shall entrust subordinate public service units to accept, examine registration applications for the first-time issuance, reissuance, and extension of professional qualification certificates for tendering, and organize examinations for professional qualifications in tendering.

Article 10. Revocation of Professional Qualification Certificates in Tendering

a) Within five working days from the date of issuance of the decision to revoke the professional qualification certificate in tendering, the issuing authority sends the decision to revoke the certificate to the individual whose certificate is being revoked and publishes the information on the System and the National E-Bidding Network.

b) The individual whose professional qualification certificate in tendering has been revoked must return the original certificate to the authority that issued the revocation decision within five working days from the date of receipt of the revocation decision. In case the individual does not return the certificate, the issuing authority will decide to cancel the professional qualification certificate in tendering, notify the individual whose certificate is canceled, and publish the information on the System and the National E-Bidding Network, while also sending the information to the Department of Tender Management, Ministry of Planning and Investment for consolidation and monitoring.

c) The information of individuals whose professional qualification certificates in tendering have been revoked in the database on the System reflects the status "certificate revoked"certificate revoked".

3. An individual whose professional qualification certificate in tendering has been revoked may take the examination for a new certificate at least two years from the date of certificate revocation.

Section 2

EXAM QUESTION BANK CONSTRUCTION BOARD, EXAMINATION BOARD,

ASSISTANT BOARDS TO THE EXAMINATION BOARD

Article 11. Exam Question Bank Construction Board for Professional Qualification in Tendering

1. The Exam Question Bank Construction Board for Professional Qualification in Tendering is established by the Department of Tender Management, Ministry of Planning and Investment.

2. The composition of the Exam Question Bank Construction Board includes the Chairman of the Board, who is the leader of the Department of Tender Management; Vice Chairmen and other members.

3. Duties and powers of the Exam Question Bank Construction Board:

a) Constructing the exam question bank and test papers;

b) Entering the exam question bank and establishing the test structure on the System;

c) Securing the tests;

d) Performing other related tasks as required by the Director of the Department of Tender Management.

4. The Exam Question Bank:

a) The exam question bank consists of multiple-choice questions. The content of the question bank must ensure accuracy and scientific validity; each question has detailed answers and scoring criteria; the question bank is stored and secured;

b) Test papers are constructed based on automatic random selection of questions from the question bank for each examination period; they are secured on the System and automatically sent randomly to each examinee's computer before the examination time.

Article 12. Examination Board for Professional Qualification in Tendering

1. The Examination Board for Professional Qualification in Tendering is established by the head of the unit organizing the professional qualification examination in tendering. The Chairman of the Examination Board uses the seal of the unit organizing the professional qualification examination in tendering when transacting with relevant organizations and individuals during the examination process and related activities.

2. The composition of the Examination Board for Professional Qualification in Tendering includes:

a) The Chairman of the Examination Board is the leader of the unit organizing the professional qualification examination in tendering;

b) Members.

3. The Examination Board is responsible for performing the following tasks:

a) Developing plans for organizing examination periods;

b) Submitting to the leadership of the unit organizing the examination for decisions to establish Assistant Boards to the Examination Board, including: Secretariat-Supervision Board, Examination-Provision Board;

c) Organizing examinations;

d) Compiling and reporting examination results;

đ) Resolving complaints related to the examination;

e) Summarizing examination work;

g) Performing other related tasks.

4. Working procedures of the Examination Board:

a) The Examination Board operates on a collective basis. Decisions of the Examination Board are made through voting with more than 50% agreement from the Board members;

b) The Examination Board convenes meetings upon summons by the Chairman of the Examination Board. Meeting contents are recorded in minutes and retained as prescribed.

Article 13. Tasks and Authorities of the Committees Supporting the Examination Board

1. Tasks and Authorities of the Secretariat-Supervision Committee:

a) The Secretariat Department: prepares necessary documents for the Examination Board; compiles and reports examination results to the Examination Board; compiles and reports recommendations, complaints, and accusations related to the examination period to the Examination Board for consideration and resolution; performs other relevant tasks as required by the Chairman of the Examination Board;

b) The Supervision Department: organizes supervision over all activities during the examination process; reports and proposes the Chairman of the Examination Board to handle cases of violation of examination regulations by members of the supporting committees; performs other relevant tasks as required by the Chairman of the Examination Board;

c) Members of the Secretariat-Supervision Committee shall not participate in the Examination and Logistics Committee.

2. Tasks and Authorities of the Examination and Logistics Committee:

a) The Examination Department: develops examination schedules, assigns invigilators, and implements examinations according to examination regulations; notifies the Head of the Examination and Logistics Committee to consider and report to the Chairman of the Examination Board to decide on suspending the invigilator or suspending the candidate if violations of examination regulations are discovered; arranges invigilators to ensure supervision and management of the entire examination process, with at least one invigilator per examination room; performs other relevant tasks as required by the Chairman of the Examination Board;

b) The Logistics Department: leads and coordinates with relevant supporting committees to compile and develop plans for organizing the examination period, reporting to the Chairman of the Examination Board for review and decision by the professional examination organization unit leadership; implements logistics services for the examination period including: examination venues; equipment; office supplies; arranging transportation means for members of the Examination Board and members of the supporting committees; posting examination information and results on the System as prescribed; performing other relevant tasks as required by the Chairman of the Examination Board;

c) Members of the Examination and Logistics Committee who perform examination duties shall not participate in the Secretariat-Supervision Committee.

3. The supporting committees for the Examination Board shall dissolve themselves after completing their obligations for each examination period or continue to perform their tasks for subsequent examination periods if there are no changes, adjustments, or additional personnel.

Section 3

PROFESSIONAL EXAMINATION ON BIDDING

1. Conditions for the professional examination organization unit on bidding:

a) It is the unit specified in Clause 2 of Article 9 of this Circular;

b) Has a registration dossier for organizing the professional examination on bidding as specified in Clause 2 of this Article;

c) Possesses capacity and resources to organize the professional examination on bidding as stipulated in Articles 12, 13, and Clause 3 of this Article.

2. Procedures and formalities for registering to organize the professional examination on bidding:

a) The unit specified in Clause 2 of Article 9 of this Circular shall register to organize the professional examination on bidding according to Guidelines for Use;

b) Within twenty days from the date of receiving complete valid files, the Bidding Management Department under the Ministry of Planning and Investment shall post the list of units authorized to organize the professional examination on bidding on the System.

3. The unit organizing the professional examination on bidding shall be responsible for arranging examination venues that meet material conditions including:

a) The examination area must have a minimum size sufficient to accommodate desks and chairs and at least fifty computers;

b) The computer system must be in a stable working state, connected in an internal network model (LAN) and have internet connection. The internet signal transmission capacity must be sufficient to support the number of computer systems in the examination area, ensuring stability without interruption during the examination process;

c) Surveillance camera system: must be equipped with surveillance cameras with a minimum resolution of 1920 x 1080 (1080P), ensuring full coverage of the examination area and capable of storing data for a minimum of thirty days from the examination date;

d) Printer: must be arranged with at least one printer for printing result sheets and one backup printer for use when necessary.

1. The examination organization plan shall be ensured by the unit organizing specialized professional examinations on procurement in construction on the System to organize no more than one examination period each month, except in urgent cases. Each examination period must ensure a minimum of fifty candidates registering for the examination.

2. The unit organizing specialized professional examinations on procurement shall submit the examination organization plan quarterly or annually on the System. The Department of Procurement Management, Ministry of Planning and Investment shall approve the examination organization plan within no more than seven working days from the date of receiving the request sent through the System.

3. The examination organization plan must be posted on the System at least thirty days before the first examination period.

4. The unit organizing specialized professional examinations on procurement shall be responsible for:

a) Implementing the opening of examinations on the System using the participating account on the System according to the progress of the approved examination schedule;

b) Receiving, checking examination registration files, approving lists of eligible candidates, and allocating examination rooms for eligible candidates on the System;

c) Preparing the examination venue to meet the conditions as stipulated in Clause 3, Article 14 of this Circular.

Article 16. Examination Preparation Work

4. At least one day before the examination date, the Examination Board shall post the list of candidates by registration number and by examination room at the examination location.

5. At least one day before the examination date, the Examination Supervision Team - Logistics shall complete the following preparation tasks for the examination:

a) Preparing sample minutes and related documents for the examination process;

b) Preparing identification cards for members of the Examination Board, Examination Supervision Team - Logistics, and Secretariat - Monitoring Team;

c) Preparing documents and performing other related tasks.

1. Individuals requiring issuance of professional qualification certificates on procurement shall submit examination registration files on the System to the examination organizing units listed publicly on the System as stipulated in Point b, Clause 2, Article 14 of this Circular.

2. Individuals shall be included in the list of eligible candidates when they successfully register for the examination and pay the full examination fees as stipulated in Clause 1, Article 28 of this Circular.

3. The examination registration file and certificate issuance application include:

a) An examination registration form according to Form No. 03 of Appendix 03 issued together with this Circular;

b) One recent color photograph not older than six months, size 3cm x 4cm, facing forward, bareheaded, clear face, both ears visible, without glasses, formal attire (attached as a file to the examination registration file on the System);

4. The application file for reissuing certificates includes:

a) A certificate reissue application form for professional qualifications in procurement according to Form No. 04 of Appendix 03 issued together with this Circular;

b) One recent color photograph not older than six months, size 3cm x 4cm, facing forward, bareheaded, clear face, both ears visible, without glasses, formal attire (attached as a file to the reissue application file on the System);

c) The original professional qualification certificate in procurement that is still valid but damaged or incorrectly recorded information. In case the certificate is lost, a commitment from the applicant must be provided (attach a colored photo of the original professional qualification certificate in procurement or a commitment letter to the reissue application file on the System).

5. The application file for extending the validity of certificates includes:

a) An application form for extending the validity of professional qualification certificates in procurement according to Form No. 05 of Appendix 03 issued together with this Circular;

b) One recent color photograph not older than six months, size 3cm x 4cm, facing forward, bareheaded, clear face, both ears visible, without glasses, formal attire (attached as a file to the extension application file on the System).

Article 18. Form and Content of Online Examination

1. Examination Form: Multiple-choice test with a maximum duration of ninety minutes.

2. Examination Content Includes:

a) Questions related to specific tendering fields;

b) Knowledge questions regarding laws relevant to tendering activities;

c) In-depth knowledge questions about tendering law regulations;

d) Situational problem-solving questions and exercises in tendering.

1. At the end of the examination time, the invigilator shall hand over the score list, submission list signed by the examinee, and all related records and materials to the representative of the Examination Board - Logistics.

2. The Head of the Examination Board - Logistics shall compile and hand over the list and related materials to the Head of the Secretariat - Supervision Board within the latest two working days from the end date of the examination period.

Article 20. Grading and Announcement of Examination Results

1. The online examination system automatically grades the examinee's answers according to the questions and corresponding answers.

2. The examination score must be clearly recorded as a number in the grading section on the System.

3. Classification of Professional Qualification Certificate Results:

a) Excellent: for examinations achieving more than 90% of the total score;

b) Very Good: for examinations achieving between 80% and less than 90% of the total score;

c) Good: for examinations achieving between 60% and less than 80% of the total score;

d) Average: for examinations achieving between 50% and less than 60% of the total score;

e) Not Meeting Requirements: for examinations achieving less than 50% of the total score;

4. The Secretariat - Supervision Board shall compile the examination results and report to the Chairman of the Examination Council.

5. Based on the examination results compiled by the Examination Council, the examination organizing unit shall submit to the issuing and revoking authority of the professional qualification certificate on tendering to issue a decision recognizing the examination results. The issuing and revoking authority of the professional qualification certificate on tendering shall publicly announce the decision recognizing the examination results on the System within five working days from the date of issuance.

Article 21. Handling Petitions and Complaints During the Examination

1. During the examination process, if an individual participating in the examination believes their legitimate rights and interests have been affected, they may submit a petition or complaint to the Examination Council.

2. The Examination Council shall consider and resolve the petition or complaint within the maximum period of fifteen days from the date of receipt. If the petition or complaint lacks the signature or stamp (if applicable) of the petitioner or contains false information, the Examination Council will not consider or resolve it.

1. Within three working days from the date of issuance of the decision recognizing the examination results, the examination organizing unit shall submit to the issuing and revoking authority of the professional qualification certificate on tendering to issue a decision granting the professional qualification certificate on tendering.

Within five working days from the date of receipt of the submission from the examination organizing unit, the issuing and revoking authority of the professional qualification certificate on tendering shall issue a decision granting the professional qualification certificate on tendering.

The issuing and revoking authority of the professional qualification certificate on tendering shall publicly announce the decision granting the certificate on the System within five working days from the date of issuance.

2. Individuals receiving the professional qualification certificate on tendering for the first time shall receive it within the maximum period of fifteen working days from the date of issuance of the decision granting the certificate.

3. Individuals receiving a renewed professional qualification certificate on tendering shall receive it within the maximum period of seven working days from the date of issuance of the decision renewing the certificate.

4. Individuals receiving an extended validity period for the professional qualification certificate on tendering shall receive it within the maximum period of seven working days from the date of issuance of the decision extending the certificate validity period.

Article 23. Archiving of Application Files for Issuance of Professional Qualification Certificates on Procurement

1. Application files for examination registration, requests for reissuance, and extension of professional qualification certificates on procurement shall be stored in the System.

2. The examination organizing unit shall be responsible for archiving related decisions concerning the organization of examinations for a minimum period of five years from the date of issuance of the decision, including:

a) Decision to establish the Examination Board; decision to establish the Examination Support Teams;

b) Decision to approve the list of eligible candidates;

c) Other relevant documents related to the conduct of the examination.

3. The issuing and revoking authority of professional qualification certificates on procurement shall be responsible for archiving related decisions concerning the issuance and revocation of certificates for a minimum period of five years from the date of issuance of the decision, including:

a) Decision recognizing examination results;

b) Decision to issue, reissue, extend, or revoke professional qualification certificates on procurement.

4. Examination questions with answers and individual examination papers shall be stored in the System.

Section 4

REQUIREMENTS FOR PARTICIPANTS IN THE EXAMINATION PERIOD

Article 24. Requirements for Examination Organizing Members and Candidates

1. Based on their assigned functions and responsibilities, members of the Examination Board who build the question bank and examination papers, the Examination Board, and members of the Examination Support Teams shall not engage in the following actions:

a) Permitting candidates to bring and use items and equipment as specified in point d, Clause 2 of this Circular during the examination;

b) Directly solving problems or guiding candidates during the examination period;

c) Disclosing examination questions; buying or selling examination questions;

d) Modifying candidates' examination papers on the Examination System;

đ) Shielding or facilitating conditions for candidates to take exams on behalf of others;

e) Other actions that alter the examination results.

Members of the Examination Board who build the question bank and examination papers, the Examination Board, and members of the Examination Support Teams who violate the provisions of this Circular, if there is sufficient evidence, will be subject to legal sanctions depending on the severity of the violation.

2. Candidates participating in the examination shall not engage in the following actions:

a) Exchanging information or materials with other candidates during the examination;

b) Intentionally sitting in the wrong seat marked with their identification number;

c) Copying another candidate's work or engaging in any form of cheating during the examination;

d) Bringing weapons, explosives, flammable substances, communication devices, recording devices, storage devices containing exploitable information, or other harmful objects into the examination area and examination room;

đ) Taking examination questions out or receiving solutions from outside in any form;

e) Engaging in aggressive, threatening, or violent behavior against examination staff or other candidates;

g) Having someone else take the exam or complete the exam on their behalf in any form;

h) Engaging in destructive behavior towards the examination;

i) Other actions that alter the examination results.

Article 25. Forms of Handling Violations During the Examination

1. Candidates violating examination regulations shall have their violations recorded and be subject to disciplinary action according to the following forms based on the level of violation:

a) Warning: applicable to candidates who violate for the first time as specified in point a, Clause 2 of this Circular;

b) Reprimand: applicable to candidates who have been warned twice or violated as specified in points b and c, Clause 2 of Article 24 of this Circular; candidates reprimanded will lose 25% of the score of that examination paper;

c) Caution: applicable to candidates who have been reprimanded twice or violated as specified in point d, Clause 2 of Article 24 of this Circular; candidates cautioned will lose 50% of the score of that examination paper;

d) Suspension from examination: applicable to candidates who have been cautioned twice or violated as specified in points đ, e, and i, Clause 2 of Article 24 of this Circular; candidates suspended from the examination will receive zero (0) for that examination paper and must leave the examination room immediately upon the decision;

đ) Candidates violating as specified in points g and h, Clause 2 of Article 24 of this Circular will be suspended from the examination and will not be allowed to participate in future examinations for professional qualification certificates on procurement for a period of two years from the date of violation.

2. Disciplinary actions against candidates must be documented in a record signed by the invigilator of the examination room and communicated to the candidate. If the candidate does not sign the record, the invigilators must clearly note this in the record. In cases where invigilators disagree on the handling method, they must clearly state their opinions in the record to report to the Head of the Examination Monitoring Team for review and report to the Chairman of the Examination Board for decision.

3. Disciplinary actions according to the forms specified in points a, b, and c, Clause 1 of this Article shall be decided by the invigilator of the examination room. If the candidate disagrees with the disciplinary action, the invigilator of the examination room shall report to the Head of the Examination Monitoring Team for decision.

4. Suspension from the examination shall be decided by the Chairman of the Examination Board; prohibition from taking the examination shall be decided by the head of the examination organizing unit based on the recommendation of the Chairman of the Examination Board.

Chapter IV

PRINCIPLES OF COLLECTION, EXPENDITURE, CONTENT OF EXPENDITURE, AMOUNT OF COLLECTION

AND MANAGEMENT AND USE OF EXAMINATION AND CERTIFICATE ISSUANCE FEES

PROFESSIONAL BUSINESS SKILLS ON PROCUREMENT

Article 26. Principles for collection, expenditure, management, and utilization of funds for examination and issuance of certificates in specialized bidding business operations

1. The examination activity in specialized bidding business operations is a public service activity of the examination organizing unit that does not use state budget funds.

2. Individuals who wish to register for examinations and obtain initial certificates, reissue certificates, or extend certificate validity must pay the examination and certification fees for specialized bidding business operations.

3. The examination organizing unit for specialized bidding business operations shall collect, manage, and utilize the examination and certification fees for specialized bidding business operations. The amount of the examination and certification fees and the method of payment shall be implemented according to the announcement of the examination organizing unit. Examination and certification fees for specialized bidding business operations will not be refunded except in cases where the examination organizing unit announces the cancellation of the examination.

4. The examination and certification fees for specialized bidding business operations are lawful revenue of the examination organizing unit for specialized bidding business operations as stipulated in Clause 3 of this Article and shall be used to cover expenses related to activities serving the organization of examinations and issuance of certificates for specialized bidding business operations. In cases where income exceeds expenditures, the examination organizing unit for specialized bidding business operations may supplement the surplus funds into its operational budget to be used according to the financial mechanism of the unit.

Article 27. Contents of Expenditures Serving Examination Activities and Issuance of Certificates in Specialized Bidding Business Operations

1. The contents of expenditures serving examination activities and issuance of certificates in specialized bidding business operations include:

a) Expenditures serving the activities of the Examination Board and its supporting committees;

b) Travel expenses for individuals participating in the examination organization;

c) Expenses for purchasing, leasing machinery, equipment (if any), and examination venues;

d) Printing costs for materials, office supplies, and communication expenses;

đ) Expenses for organizing conferences and meetings serving examinations and certificate issuance;

e) Expenses for constructing, upgrading, managing, operating, and maintaining the System, and expenses for the construction of question banks and test papers;

g) Other expenses serving the organization of examinations and issuance of certificates in specialized bidding business operations (if any).

2. The levels of expenditure for the contents specified in Clause 1 of this Article shall be implemented according to the current financial expenditure regulations of the law and the financial mechanism of the examination organizing unit for specialized bidding business operations.

1. The maximum level of examination and certification fees for specialized bidding business operations upon initial issuance is 800,000 VND/examinee/examination period.

2. The level of examination and certification fees for reissuing or extending the validity of certificates for specialized bidding business operations is 100,000 VND/occasion.

3. No fee shall be charged for reissuing certificates in cases where the issuing authority for certificates in specialized bidding business operations has incorrectly recorded information on the certificate.

4. The levels of fees prescribed in Clauses 1 and 2 of this Article do not include value-added tax payable under the Value Added Tax Law and implementing guidelines thereof. In cases where it is necessary to adjust the levels of fees prescribed in Clauses 1 and 2 of this Article to suit economic and social conditions and practical requirements for examination organization, the Bidding Management Department shall submit to the Minister of Planning and Investment for consideration and decision.

Article 29. Management and use of costs for conducting professional qualification examinations and issuing certificates on bidding

1. The unit organizing the professional qualification examination on bidding shall be responsible for establishing and promulgating regulations on revenue and expenditure to manage and use the costs for conducting examinations and issuing professional qualification certificates on bidding in a thrifty manner, ensuring the effectiveness of examination and certification activities, and being consistent with the financial mechanism of the unit in accordance with the provisions of the law; settling revenues and expenditures in accordance with the current laws.

2. Within no more than ten days from the date of the examination, the unit organizing the professional qualification examination on bidding shall be responsible for paying twenty thousand dong per candidate per examination period (excluding value-added tax payable according to the Value Added Tax Law and guiding documents thereof) to the Center for the Center to manage and use in accordance with Article 30 of this Circular.

Article 30. Management and use of funds for building question banks and compensating costs for construction, management, operation, maintenance, and upgrading of the System

1. The Center shall use the revenue collected under Clause 2 of Article 29 of this Circular to cover the following expenses:

a) Payment for the construction of question banks, examination papers, and other related expenses serving the work of constructing question banks and examination papers;

b) Compensation for costs of construction, management, operation, maintenance, and upgrading of the System;

c) Expenses for training and guiding users of the System;

d) Expenses related to the work of receiving and processing registration applications for participation in the System;

đ) Other regular and investment expenses serving the System;

e) Expenses for fulfilling obligations to the state budget in accordance with the provisions of the law (if applicable).

2. The level of expenditure for the contents stipulated in Clause 1 of this Article shall be implemented in accordance with the provisions of the law on financial expenditure regimes applicable to public service units, the financial mechanism of the Center, and the internal expenditure regulations of the Center. In cases where revenue exceeds expenditure, the surplus amount shall be supplemented into the operating fund for use in accordance with the financial mechanism of the unit.

3. Any difference between revenue and expenditure after payment to the state budget in accordance with the Corporate Income Tax Law (if applicable) shall be set aside into funds and used in accordance with the self-financing mechanism for public service units as prescribed by current laws.

4. Accounting entries and settlement of revenues and expenditures shall be carried out in accordance with the current laws applicable to public service units.

Chapter V

RESPONSIBILITIES OF THE PARTIES IN TRAINING,

STAFF DEVELOPMENT, AND UPDATING KNOWLEDGE AND PROFESSIONAL SKILLS

ON BIDDING AND CONDUCTING, ISSUING, AND REVOKING PROFESSIONAL CERTIFICATES

ON BIDDING

Article 31. Responsibilities of the Department of Bidding Management

1. Approving plans for organizing professional qualification examinations on bidding to ensure timely response to the needs of individuals participating in bidding activities.

2. Establishing the Board for Building Question Banks and Examination Papers on Professional Qualification Examinations on Bidding.

3. Managing the activities of organizing examinations, issuing, and revoking professional qualification certificates on bidding.

4. Fulfilling the responsibilities of the agency issuing and revoking professional qualification certificates on bidding in accordance with Article 34 of this Circular.

Article 32. Responsibilities of the Tender Support Center

2. Organize the collection, management, and use of costs to offset the construction, management, operation, maintenance, and upgrading of the System and costs for the work of building question banks and examination papers as stipulated in Clause 2 of Article 29 and Article 30 of this Circular.

3. Perform other tasks assigned by the Ministry of Planning and Investment and the Bidding Management Agency.

Article 33. Responsibilities of agencies and units organizing training and capacity building on bidding

1. Develop teaching materials suitable for the trainees and capacity builders, updating knowledge and professional skills on bidding.

2. Select lecturers with credibility, capability, and experience appropriate to the training and capacity building content, updating knowledge and professional skills on bidding.

3. Bear full responsibility for organizing training and capacity building in compliance with this Circular and relevant laws.

1. Post the decision to issue professional qualification certificates on bidding along with the list of individuals receiving the certificates on the System within five working days from the date of issuance of the decision to issue professional qualification certificates on bidding.

2. Before December 31 each year, submit reports on the organization of examinations, issuance, and revocation of professional qualification certificates on bidding to the Ministry of Planning and Investment through the System. The report content shall be implemented according to Model No. 06 Appendix 03 issued together with this Circular.

1. Develop and promulgate regulations on organizing professional qualification examinations on bidding in accordance with this Circular.

2. Develop and promulgate regulations on revenue and expenditure to manage and use examination costs and certificate issuance costs.

3. Organize professional qualification examinations on bidding in accordance with this Circular and related guidelines.

4. Perform other tasks assigned by the agency issuing professional qualification certificates on bidding.

Article 36. Responsibilities of individuals holding professional qualification certificates on bidding

1. Update their own knowledge, mechanisms, policies, and laws on bidding or participate in updating knowledge and professional skills on bidding organized by ministries, sectors, localities, enterprises, or bidding training institutions to fulfill assigned responsibilities under the Law on Bidding.

2. Comply with laws and regulations on bidding and other relevant laws during the bidding process.

3. Report on the bidding process when requested by state management agencies and other competent authorities.

Chapter VI

IMPLEMENTATION PROVISIONS

1. Certificates for participation in bidding courses and bidding training certificates issued in accordance with the Bidding Law No. 61/2005/QH11 and the Bidding Law No. 43/2013/QH13 before January 1, 2024 have the same value as professional qualification certificates on bidding stipulated in this Circular and remain valid until December 31, 2025. From January 1, 2026, individuals wishing to obtain professional qualification certificates on bidding must take the examination to obtain the certificate in accordance with this Circular.

2. Professional practice certificates for bidding activities issued and reissued in accordance with the Bidding Law No. 43/2013/QH13 and still valid as indicated on the certificate have the same value as professional qualification certificates on bidding stipulated in this Circular and continue to be valid according to the period indicated on the certificate, except as provided in Clause 3 of this Article. After the period indicated on the certificate, individuals wishing to extend the validity of the certificate shall follow the extension procedures stipulated in point c of Clause 2 of Article 7 and Clause 5 of Article 17 of this Circular.

3. Professional practice certificates for bidding activities issued but expired in 2024 have the same value as professional qualification certificates on bidding stipulated in this Circular and remain valid until December 31, 2024. From January 1, 2025, individuals wishing to extend the validity of the certificate shall follow the extension procedures stipulated in point c of Clause 2 of Article 7 and Clause 5 of Article 17 of this Circular.

4. Individuals who have been issued certificates for participation in bidding courses and bidding training certificates in accordance with the Bidding Law No. 61/2005/QH11 and the Bidding Law No. 43/2013/QH13, and individuals who have been issued and reissued professional practice certificates for bidding activities in accordance with the Bidding Law No. 43/2013/QH13 and are still valid may use these certificates to participate in expert teams and review teams in selecting investors until the time specified in Clauses 1, 2, and 3 of this Article.

Article 38. Effective Date

This Circular takes effect from the date of issuance, except for the provisions in Clause 2 of this Article.

2. The contents stipulated in Article 37 of this Circular take effect from January 1, 2024.

3. From January 1, 2024, Circular No. 04/2019/TT-BKHĐT dated January 25, 2019 of the Minister of Planning and Investment detailing the implementation of training, capacity building, and examination for the issuance of professional practice certificates for bidding activities ceases to be effective.

Article 39. Responsibility for Implementation

1. Ministries, ministerial-level agencies, central-level agencies, other central-level agencies, People's Committees at all levels, and organizations and individuals concerned are responsible for implementing this Circular.

2. During the implementation, if there are difficulties, ministries, ministerial-level agencies, central-level agencies, other central-level agencies, People's Committees at all levels, and organizations and individuals concerned shall send comments to the Ministry of Planning and Investment for timely guidance.

 

 

ANNEX 1

FRAMEWORK TRAINING AND PROFESSIONAL DEVELOPMENT PROGRAM ON PROCUREMENT

(Annexed to Circular No.: 02/2024/TT-BKHĐT

dated March 6, 2024 of the Minister of Planning and Investment)

 

The framework training and professional development program on procurement includes the following topics:

A. For the selection of contractors

I. Topic 1: Overview of contractor selection

1. The process of building and perfecting procurement laws

2. Principles of public procurement bidding

3. Functions of public procurement bidding

4. Integrity and professional ethics in public procurement bidding

II. Topic 2: General provisions for contractor selection

1. Scope of Regulation, Applicability

2. Eligibility of contractors

3. Ensuring competition in procurement bidding

4. Provision and publication of information in procurement bidding

5. Preferences in contractor selection

6. Costs in procurement bidding

7. Prohibited actions in procurement bidding and handling violations

8. Responsibilities of parties involved in contractor selection activities

III. Topic 3: Overall plan and contractor selection plan

1. Principles of plan formulation

2. Skills in formulating, reviewing, and approving plans

3. Exercises on overall plans and contractor selection plans

IV. Topic 4: Procedures and processes for non-electronic contractor selection

1. For open tendering and selective tendering:

a) One-stage one-envelope method

b) One-stage two-envelope method

c) Two-stage one-envelope method

d) Two-stage two-envelope method

2. For competitive bidding

3. For direct award

4. For direct execution

5. For special cases of contractor selection

6. For individual consultant selection

7. Practical exercises on skills in preparing, reviewing tender documents, request for proposals, evaluating bids, proposals, and reviewing contractor selection results

V. Topic 5: Centralized Procurement

1. Principles of centralized procurement

2. Centralized procurement procedures

3. Content of framework agreements

4. Responsibilities in centralized procurement

VI. Topic 6: Procurement in the healthcare sector

1. Selection of contractors providing medicines, chemicals, laboratory supplies, medical equipment

2. Preferences in medicine procurement

3. Practical exercises

VII. Topic 7: Electronic Procurement

1. General provisions on electronic procurement

2. Procedures for electronic contractor selection

3. Practical skills in publishing information, preparing documents, evaluating documents, organizing contractor selection, participating in bidding on the National Electronic Procurement System

VIII. Topic 8: Contracts

1. Types of contracts

2. Conditions for contract signing

3. Principles of contract implementation

4. Contract amendments

5. Contract price adjustments

6. Contract management

7. Contract payment

8. Contract termination

9. Contractor's reputation in bidding participation, contract performance results, quality assessment of goods used

10. Practical exercises

IX. Topic 9: Handling situations in procurement

1. Regulations on handling situations in procurement

2. Principles of handling situations in procurement

X. Topic 10: Handling complaints, inspections, and supervision in procurement

VII. Topic 7: Electronic Procurement

1. Conditions for considering and resolving complaints

2. Procedures for resolving complaints about contractor selection

3. Initiating lawsuits and requesting the court to apply provisional measures

4. Inspections and reporting on procurement work

5. Supervision of procurement activities

B. For the selection of investors

I. Topic 1: Overview of investor selection

1. The process of building and perfecting laws on investor selection bidding

2. Principles of investor selection bidding

3. Functions of investor selection bidding

4. Integrity and professional ethics in investor selection bidding

II. Topic 2: General provisions for investor selection

2. Eligibility of investors

1. Scope of Regulation, Applicability

5. Preferences in investor selection

3. Ensuring competition in procurement bidding

4. Provision and publication of information in procurement bidding

7. Prohibited actions in bidding

6. Costs in procurement bidding

III. Topic 3: Procedures and processes for non-electronic investor selection for PPP projects

1. Overview of PPP investment

2. Procedures and processes for implementing PPP projects

3. Investor interest survey

4. Preliminary screening

5. Open tendering process

6. Competitive negotiation process

7. Direct award process

8. Implementation of PPP projects

9. PPP project contract

10. State audit, inspection, and supervision in PPP investment activities

11. Supervision of PPP investment activities

12. Complaint resolution, dispute resolution, and violation handling

13. Practical exercises on skills in preparing, reviewing tender documents, evaluating bid documents, reviewing investor selection results

IV. Topic 4: Procedures and processes for investor selection for business investment projects

1. Overview of laws on business investment projects

2. Procedures and processes for implementing business investment projects

3. Invitation of interest

4. Open tendering process using one-stage one-envelope method; one-stage two-envelope method; two-stage method

5. Selective tendering process

6. Inspection, audit, and supervision of business investment projects

7. Complaint resolution, dispute resolution, and violation handling

8. Implementation of business investment projects

9. Business investment project contract

10. Practical exercises on skills in preparing, reviewing tender documents, evaluating bid documents, reviewing investor selection results

V. Topic 5: Procedures and processes for investor selection for land-use investment projects

1. Overview of land-use investment projects

2. Invitation of interest

3. Open tendering process using one-stage one-envelope method; one-stage two-envelope method; two-stage method

4. Selective tendering process

5. Inspection, audit, and supervision of land-use investment projects

6. Complaint resolution, dispute resolution, and violation handling

7. Implementation of land-use investment projects

8. Land allocation and lease to winning investors

9. Land-use investment project contract

VI. Topic 6: Electronic Procurement

V. Topic 5: Procedures and processes for investor selection for land-use investment projects

2. Procedures for electronic investor selection for PPP projects

2. Procedures for electronic contractor selection

3. Procedures for electronic investor selection for land-use investment projects

4. Procedures for electronic investor selection for projects required to be organized through bidding according to industry regulations

5. Practical skills in publishing information, preparing documents, evaluating documents, organizing investor selection, participating in bidding on the National Electronic Procurement System

VII. Topic 7: Handling situations in procurement

VII. Topic 7: Handling situations in bidding

1. Provisions on handling situations in electronic bidding and non-electronic bidding

X. Topic 10: Handling complaints, inspections, and supervision in procurement

VII. Topic 7: Electronic Procurement

C. TRAINING AND STAFF DEVELOPMENT PROGRAMS BY SPECIALTY

Based on the trainees' needs for updating and enhancing their professional knowledge, the bidding training institution may organize staff development programs on the following specialties:

1. Specialty: Updating new regulations on bidding

2. Specialty: Skills in preparing tender documents and evaluating tender submissions for construction, procurement of goods, non-advisory services, and advisory services, and mixed projects.

3. Specialty: Skills in preparing tender documents and evaluating tender submissions for PPP projects, investment projects using land, and projects required to be tendered according to industry and sector laws.

4. Specialty: Skills in bid evaluation

5. Specialty: Establishing evaluation prices

6. Specialty: Negotiation, drafting, and managing contracts

7. Specialty: Risk management in bidding

8. Specialty: Bidding in the healthcare sector

9. Specialty: Inspection, audit, handling complaints, and dealing with violations in bidding

10. Specialty: Handling difficulties and situations in bidding

11. Specialty: Electronic bidding

12. Other specialties based on the needs of organizations and individuals.

 

ANNEX 2

SAMPLE OF PROFESSIONAL CERTIFICATE ON BIDDING

(Annexed to Circular No.: 02/2024/TT-BKHĐT

dated March 6, 2024 of the Minister of Planning and Investment)

a) Front side:

b) Back side:

(Size of professional certificate on bidding: 14.8 cm x 21 cm.)

Note:

(1) Record the type of professional certificate on bidding:

- Record "SELECTION OF CONTRACTORS" or "SELECTION OF INVESTORS" if only participating in the examination for obtaining a certificate for contractor selection or investor selection.

- Record "SELECTION OF CONTRACTORS AND SELECTION OF INVESTORS" if participating in both examinations for obtaining certificates for contractor selection and investor selection.

(2) Record "renewal" for a professional certificate on bidding issued for renewal from a practice certificate for bidding activities according to Clause 2 and Clause 3, Article 37 of this Circular.

(3) Record the date of issuance of the initial or renewed professional certificate on bidding.

(4) Record the date of issuance of the professional certificate on bidding.

 

ANNEX 3:

SAMPLE FORMS

(Annexed to Circular No.: 02/2024/TT-BKHĐT

dated March 6, 2024 of the Minister of Planning and Investment)

 

Form No. 01 (web form on the System)

 

REGISTERING ACCOUNT TO PARTICIPATE IN THE SYSTEM

(For issuing and revoking professional certificates on bidding)

Respectfully submitted to: ...

 

1. Name of authority: …

2. Authentication information

2.1 Tax code: …

2.2 Decision on functions and tasks number: …date: …

3. Organization participating in the System performs: Issuing and revoking professional certificates on bidding.

4. Head office address

4.1 Address: …

4.2 Telephone: …

5. Information of the legal representative of the authority:

5.1 Full name: …

5.2 Position: …

5.3 ID/passport number: …Date of issue:…

5.4 Telephone: …

5.5 Email: …

6. Information of the account manager participating in the system:

6.1 Full name: …

6.2 Position: …

6.3 Department: …

6.4 ID/passport number: …Date of issue:…

6.5 Telephone: …

6.6 Email: …

6.7 Contact address: …

 

* Note: The registration dossier for organizations participating in the System of issuing and revoking professional certificates on bidding includes: decision on establishment or decision on functions and tasks or equivalent documents of the issuing and revoking authority; application form signed and stamped according to the model and other documents (if any).

 

Form No. 02 (web form on the System)

 

 

REGISTERING ACCOUNT TO PARTICIPATE IN THE SYSTEM

(For units organizing professional qualification exams on bidding)

Respectfully submitted to: ...

 

1. Name of unit: ...

2. Authentication information

2.1 Tax code: …

2.2 Establishment decision number: …date: …

3. Organization participating in the System performs: (Choose 01 or more activities):

□ Receiving and checking applications for first-time issuance, reissuance, and renewal of professional certificates on bidding;

□ Organizing professional qualification exams on bidding.

4. Head office address

4.1 Address: …

4.2 Telephone: …

5. Information of the legal representative of the unit:

5.1 Full name: …

5.2 Position: …

5.3 ID/passport number: …Date of issue:…

5.4 Telephone: …

5.5 Email: …

6. Information of the account manager participating in the system:

6.1 Full name: …

6.2 Position: …

6.3 Department: …

6.4 ID/passport number: …Date of issue:…

6.5 Telephone: …

6.6 Email: …

6.7 Contact address: …

 

* Note: The registration dossier for units participating in the System of organizing professional qualification exams on bidding includes: decision on establishment or decision on functions and tasks or equivalent documents of public service units; application form signed and stamped according to the model and other documents (if any).

 Form No. 03 (web form on the System)

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
^{________________________}

___, day ___ the ____year_____

 

APPLICATION FOR EXAMINATION

PROFESSIONAL CERTIFICATE ON BIDDING

To: …

 

1. Full name (all in capital letters): …Male/Female:…

2. Born on: …month …year …

3. ID/passport number:…

4. Contact phone number:…

5. Email:…

6. Address to receive certificate: …

7. Examination registration location: …

8. Exam organizing unit: …

9. Examination registration time: …

I hereby declare that the above-declared contents are true and accurate and I am responsible for the declared contents under the law./.

 

 

Form No. 04 (web form on the System)

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
^{_______________________}

___, day ___ the ____year_____

 

REQUEST FOR REISSUANCE

PROFESSIONAL CERTIFICATE ON BIDDING

 

To: …

 

1. Full name (all in capital letters): …Male/Female:…

2. Born on: …month …year …

3. ID/passport number:…

4. Contact phone number:…

5. Email:…

6. Address to receive certificate: …

7. Examination location: …

8. Issuing authority: …

9. Examination time: …

10. Previously issued certificate number: …issue date…

11. Reason for requesting reissuance: …

I hereby declare that the above-declared contents are true and accurate and I am responsible for the declared contents under the law./.

 

 

Form No. 05 (web form on the System)

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
^{________________________}

___, day ___ the ____year_____

 

REQUEST FOR RENEWAL

PROFESSIONAL CERTIFICATE ON BIDDING

 

To:…

 

1. Full name (all in capital letters): …Male/Female:…

2. Born on: …month …year …

3. ID/passport number:…

4. Contact phone number:…

5. Email:…

6. Address to receive certificate: …

7. Previously issued certificate number: …issue date…

I hereby declare that the above-declared contents are true and accurate and I am responsible for the declared contents under the law./.