Circular No. 03/2016/TT-BKHĐT detailing regulations on training and capacity building for public procurement activities and issuing certificates for public procurement professionals.

CIRCULAR

Detailed provisions for training and capacity building activities related to bidding

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Pursuant to the Law on Bidding No. 43/2013/QH13 dated November 26, 2013;

Pursuant to Decree No. 63/2014/NĐ-CP dated June 26, 2014 of the Government detailing certain provisions of the Law on Procurement regarding the selection of contractors;

||| The Minister of Planning and Investment issues this Circular detailing regulations on providing and publishing tender information on the National Tendering System (hereinafter referred to as the System), the Vietnam Procurement Magazine, the implementation schedule for online contractor selection, and management and utilization of bid security and performance guarantee that are not refundable.

Pursuant to Decree No. 116/2008/ND-CP dated November 14, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Planning and Investment;

The Minister of Planning and Investment shall issue a Circular detailing the training and capacity building activities related to bidding.

 

PART I

GENERAL PROVISIONS

 

Article 1. Scope of Regulation

This Circular provides detailed provisions for training and capacity building activities related to bidding in the selection of contractors and investors as stipulated in Law on Bidding No. 43/2013/QH13, Decree No. 63/2014/NĐ-CP detailing certain provisions of the Law on Bidding regarding the selection of contractors, and Decree No. 30/2015/NĐ-CP detailing certain provisions of the Law on Bidding regarding the selection of investors.

Article 2. Applicability

This Circular applies to organizations and individuals participating in or related to training and capacity building activities related to bidding within the scope regulated by Article 1 of this Circular.

Article 3. Types of training and capacity building on bidding

1. "Basic bidding training" as defined in this Circular applies to individuals involved in the selection of contractors and investors, and other individuals with such needs. Upon completion of each course, students who meet the requirements will be issued a basic bidding training certificate. Individuals from contractors and investors are not required to have a basic bidding training certificate.

2. Capacity building in bidding includes:

a) Instructor bidding capacity building for individuals wishing to become bidding instructors. Upon completion of each course, students who meet the requirements will be issued a bidding instructor capacity building certificate;

b) Bidding knowledge capacity building for individuals with such needs, including specialized topic capacity building, updating and enhancing bidding knowledge and experience to serve work, serve examination for issuance of bidding practice certificates, and other forms of bidding capacity building.

Article 4. General Requirements for Bidding Training and Capacity Building Courses

1. Basic bidding training courses must be organized by training institutions listed on the National Public Procurement Network and taught by instructors listed on the National Public Procurement Network.

2. Instructor bidding capacity building courses are organized by the Ministry of Planning and Investment, taught by instructors listed on the National Public Procurement Network and experts in legal, financial, commercial fields and other relevant fields.

3. Basic bidding training courses and instructor bidding capacity building courses must be organized in a concentrated manner; ensuring sufficient content and duration as prescribed in Articles 7 and 19 of this Circular.

4. The number of participants in each basic bidding training class shall not exceed 150 people; instructor bidding capacity building classes shall not exceed 30 people.

Article 5. Archiving of Training and Capacity Building Records Related to Bidding

1. For basic bidding training records:

The training institution is responsible for archiving each basic bidding training course record for a minimum period of five years from the completion of the training course, including:

a) Records of all participants in the training course, including:

- Registration form for participants;

- Copy of identification card or identity card or passport;

- Attendance list of participants.

b) Examination questions, answers, participant answer sheets, and examination results confirmed by the training institution;

c) Decision to issue basic bidding training certificates along with a list of participants receiving certificates;

d) List of lecturers teaching each training course accompanied by a teaching contract between the training institution and the lecturer;

đ) Teaching materials for the training course;

e) Other related documents.

2. For instructor bidding capacity building records:

The Department of Bidding Management, Ministry of Planning and Investment is responsible for archiving each instructor bidding capacity building course record for a minimum period of five years from the completion of the capacity building course, including:

a) Records of all participants in the instructor bidding capacity building course, including:

- Registration form for participants;

- Copy of identification card or identity card or passport;

- Attendance list of participants.

b) Examination questions, answers, student answer sheets, and examination results;

c) Decision on issuing the instructor bidding capacity building certificate along with the list of participants receiving the certificate;

d) List of instructors teaching each capacity building course along with the teaching contracts with instructors;

đ) Teaching materials of the capacity building course;

e) Other related documents.

3. For examination and certification records for bidding practice certificates:

The Department of Bidding Management, Ministry of Planning and Investment is responsible for archiving examination and certification records for bidding practice certificates, including:

a) Registration records for examination of individuals;

b) Examination questions, answers, student answer sheets, and examination results of candidates;

c) Decision recognizing examination results for issuance of bidding practice certificates along with the list of individuals receiving the certificate;

d) Other related documents.

Article 6. Costs for examination, issuance, reissuance of certificates for bidding activities and training instructors for bidding activities

Clause 1. The subjects required to pay costs for examination, issuance, reissuance of certificates for bidding activities and training costs for bidding instructors are individuals who have the need to participate in the examination, issuance, reissuance of certificates for bidding activities or to attend bidding instructor training courses.

Clause 2. The level of collection of costs for examination, issuance, reissuance of certificates for bidding activities and training costs for bidding instructors shall be decided by the Minister of Planning and Investment based on the proposal of the Bidding Management Agency, taking into account the actual situation and ensuring a balance between revenue sources and necessary expenditures for organizing the examination, issuance, reissuance of certificates for bidding activities and organizing bidding instructor training courses.

Clause 3. The content and expenditure levels for organizing examinations to issue certificates for bidding activities and organizing bidding instructor training courses shall be implemented according to the current regulations of the State. For certain specific expenditure items not yet regulated by competent state agencies but necessary for the work, the head of the unit responsible for organizing the examination to issue certificates for bidding activities and organizing bidding instructor training courses may apply corresponding expenditure levels for similar tasks already stipulated in existing legal documents, provided that they do not conflict with the internal expenditure regulations of the agency.

Clause 4. State budget funds shall not be used to organize examinations for issuing certificates for bidding activities and organizing bidding instructor training courses.

Clause 5. The Bidding Management Agency shall be responsible for organizing the collection, management, and use of costs for examination, issuance, reissuance of certificates for bidding activities and training costs for bidding instructors in accordance with the regulations.

 

Chapter II

TRAINING AND ISSUANCE OF CERTIFICATES TRAINING BASIC TENDERING

 

Article 7. Content and Duration 1. The content of basic tendering training programs for selecting contractors must include all aspects specified in the framework program set forth in Appendix 1 attached hereto, as prescribed by the training institution. serving in active duty;

Clause 1. The content of the basic bidding training program for selecting contractors and investors shall be determined by the training institution but must include all contents specified in Framework Program A and Framework Program B in Appendix 1 issued together with this Circular.

Based on the framework program, the training institution may adjust the training content to suit the special requirements of bidding work for each trainee group. For training courses where all participants belong to remote, difficult areas, the training institution may adjust teaching materials to meet the special bidding requirements of the locality, but must ensure the course duration as specified in the framework program.

Clause 2. The minimum duration of each basic bidding training course is 24 class hours equivalent to three days (each class hour is 45 minutes). For content within the scope of interest and necessity for trainees, the training institution may increase the training duration; for content outside the scope of interest and necessity, the training institution may reduce the training duration accordingly.

Article 8Based on the training plan and program, the training institution shall organize teaching activities according to the content and duration stipulated in Article 6 of this Circular. serving in active duty;

Based on the training plan and program, the training institution shall organize teaching according to the content and duration specified in Article 7 of this Circular.

Article 9. for Basic Tendering Training 1. Conditions for Issuing a Basic Tendering Training Certificate:

A trainee will be issued a basic tendering training certificate if they satisfy the following conditions:

a) Having full civil capacity and not currently under criminal investigation;

b) Attending at least 90% of the course duration. In cases where a trainee fails to meet the attendance requirement due to valid reasons, the training institution may allow the trainee to retain their attended hours and continue training in another course offered by the same institution within a maximum period of three months from the first day of the previous course;

b) Attend at least 90% of the course duration. In cases where trainees fail to meet the attendance requirement due to valid reasons, the training institution allows trainees to retain their study time and continue their studies in another course offered by the same training institution within a maximum period of three months from the first day of the previous course attended;

2. Final Exam:

a) Exam format: multiple-choice test consisting of 60 questions to be completed within 60 minutes;

b) Exam content: basic tendering knowledge and legal provisions related to tendering;

c) Grading criteria for issuing a basic tendering training certificate:

- Score of 95% or more: Excellent;

- Score of 85% to less than 95%: Good;

- Score of 70% to less than 85%: Average;

- Score of 50% to less than 70%: Pass;

- Score below 50%: Fail.

3. Within seven working days from the end of the course, the training institution shall issue a basic tendering training certificate to trainees meeting the requirements using Model 1 in Appendix 2 attached hereto.

Clause 3. Within seven working days from the end of the training course, the training institution shall be responsible for issuing basic bidding training certificates for selecting contractors and investors to trainees who meet the requirements, using Model 1a and Model 1b in Appendix 2 issued together with this Circular.

Article 10. Within ten days from the date of issuing the basic tendering training certificate, the training institution shall publish the list of certificate holders on the National Tendering Network System and send the Decision on Issuing the Certificate along with the list of certificate holders to the Ministry of Planning and Investment (through the Tender Management Agency) for consolidation and monitoring.. Reissuance 1. Conditions for Issuing a Basic Tendering Training Certificate:

Within ten days from the date of issuing the basic bidding training certificate, the training institution shall post the list of certificate recipients on the National Procurement Network System, and simultaneously send the Decision on Issuing Certificates along with the list of certificate recipients to the Ministry of Planning and Investment (through the Bidding Management Agency) for consolidation and monitoring.

Article 111. Individuals who have been issued a basic tendering training certificate may request reissuance of the certificate in cases where the certificate is damaged, lost, or contains incorrect information. specialized agency under the People's Committee of the province/city.. Reissuance serving in active duty; 2. The training institution that has issued a basic tendering training certificate to a trainee shall base the reissue on the original file. The content of the reissued certificate shall match the original; in cases of reissuance due to incorrect information, the training institution must review and correct the information in the original certificate issuance file appropriately.

Clause 1. Within five years from the date of issuance of the first basic bidding training certificate, individuals who have received the certificate can request the training institution to reissue the certificate in cases where the certificate is torn, damaged, lost, or incorrectly recorded.

Clause 2. The training institution that has issued the basic bidding training certificate to trainees shall base on the original file to reissue the certificate. The content of the reissued certificate shall be identical to the original; if the reissue is due to incorrect information, the training institution must review and correct the information in the original certificate application file appropriately. The training institution shall only reissue the certificate once for each individual.

 

Chapter III

1. The professional certificate for tendering activities shall be issued to individuals who directly perform tasks as stipulated in Clause 2, Article 16 of the Law on Tendering: a) Individuals belonging to consulting firms engaged in tendering or independent consultants specializing in tendering;

b) Individuals belonging to professional project management boards: specialized project management boards, regional project management boards as prescribed by construction laws, or project management boards established to professionally manage projects concurrently or sequentially;

 

 

Article 12. c) Individuals belonging to centralized procurement units: units established to specialize in centralized procurement and regular procurement activities.

Clause 1. The practice certificate for bidding activities shall be granted to individuals belonging to professional bidding organizations, enterprises, units engaged in bidding consulting services, professional project management boards, centralized procurement units, and other individuals with the need to directly participate in contractor selection activities, specifically as follows:

a) Preparing and reviewing tender invitation documents, prequalification documents, tender documents, and request for proposal documents;

b) Evaluating tender interest documents, prequalification application documents, tender submission documents, and proposal submission documents; reviewing tender interest results, prequalification results, and contractor selection results.

Clause 2. The practice certificate for bidding activities includes the following types:

a) Practice certificate for bidding consulting activities;

b) Practice certificate for bidding construction, goods procurement, non-consulting activities.

Clause 3. Using the practice certificate for bidding activities:

a) Individuals holding a practice certificate for bidding consulting activities are permitted to directly participate in the process of selecting contractors for consultancy service tender packages;

b) Individuals holding a practice certificate for bidding construction, goods procurement, non-consulting activities are permitted to directly participate in the process of selecting contractors for construction tender packages, goods procurement, non-consultancy service provision, and combined goods procurement and construction tender packages (PC).

c) An individual who has been granted a practice certificate for tender advisory activities and a practice certificate for construction procurement tenders, goods, non-advisory services may directly participate in the process of selecting contractors for all packages of work in accordance with the laws on public procurement.

4. The practice certificate for tendering activities shall be valid for a period of five years from the date of issuance; upon expiration of this period, procedures for reissuance must be completed or a proficiency examination must be taken if the conditions for reissuance are not met as stipulated in Article 18 of this Circular.

5. The Ministry of Planning and Investment shall uniformly manage practice certificates for tendering activities nationwide; it shall be responsible for organizing proficiency examinations, issuing initial certificates, reissuing certificates, supplementing fields of practice, and revoking practice certificates for tendering activities.

Article 13. Conditions for Issuing Practice Certificates for Tendering Activities

Individuals shall be issued a bidding practice certificate when meeting the following conditions:

1. Having a basic bidding training certificate;

2. Graduated from university or higher;

3. Possess full civil capacity, not currently being pursued for criminal responsibility;

4. Having at least four consecutive years of experience working in jobs directly related to tendering activities or having a total minimum of five years of experience working in jobs directly related to tendering activities but not consecutively, or having directly participated in preparing, reviewing tender invitation documents, prequalification documents, bidding documents, request for proposal documents; evaluating tender interest documents, prequalification application documents, bidding application documents, proposal submission documents; reviewing the results of tender interest evaluations, prequalification application evaluation results, contractor selection results for a minimum of five large-scale tender packages (tender packages for non-advisory service provision, goods procurement with a package value exceeding 10 billion VND; construction and mixed tender packages with a package value exceeding 20 billion VND), or ten small-scale tender packages. Complex advisory service tender packages are equivalent to large-scale tender packages; simple advisory service tender packages are equivalent to small-scale tender packages.

5. Passing the examination organized by the Ministry of Planning and Investment.

Article 14. Registration for Proficiency Examinations

1. Individuals wishing to take a proficiency examination to obtain a practice certificate for tendering activities must submit one set of registration documents for the proficiency examination, including:

a) A registration form for the proficiency examination according to Model 4a of Appendix 2 issued together with this Circular;

b) Two recent color photographs measuring 3x4 cm taken within the last six months; two envelopes with stamps and the applicant's name, address for notification of examination schedule and results clearly marked;

c) A copy of the identity card or citizen identification card or passport;

d) A declaration of professional work experience in tendering activities according to Model 6 of Appendix 2 issued together with this Circular. The declaration must be confirmed by an authorized representative of the direct managing agency or organization, or the professional association of which the individual is a member (if they are a member of a professional association) or the project sponsor for the project in which the individual has participated in contractor selection activities. The person signing the confirmation is responsible for the truthfulness of the confirmed information. In cases where the individual is not managed directly by an agency or organization or is not a member of a professional association, proof of participation in tendering activities must be provided;

đ) A commitment to ethical rules and conduct in tendering activities according to Model 7 of Appendix 2 issued together with this Circular;

e) Copies of relevant academic degrees and certificates (Bachelor's degree or higher, basic tendering certificate) certified;

2. Within five working days from the date of receipt of the registration documents for the proficiency examination, if the documents are incomplete, unclear, or do not meet the requirements, the Ministry of Planning and Investment will send a written notice requesting the individual to supplement and clarify the documents.

Article 15. Examination Organization

1. The Ministry of Planning and Investment shall instruct the Bidding Management Agency to organize examination sessions to ensure timely issuance of certificates for bidding activities and be responsible for the following tasks:

a) Establishing the Examination Board to organize examination sessions. The Board may use the seal of the Bidding Management Agency in transactions with relevant organizations and individuals during the examination process and related activities;

b) Issuing examination regulations and publishing them on the National Bidding System at least 15 days before the examination date;

c) Organizing the development of question banks to serve the qualification examinations for issuing practice certificates for tendering activities;

d) Deciding on the recognition of examination results for issuing practice certificates for tendering activities; deciding on the issuance, reissuance, and revocation of practice certificates for tendering activities;

d) Performing other related tasks.

3. The scheduled time for organizing examination sessions along with the study outline will be announced on the National Bidding System at least 30 days before the examination date.

4. Registration number, examination time, examination venue, examination fees, and other related information will be announced on the National Bidding System at least 10 days before the examination date.

Article 16. Examination Form and Content

1. Examination form: written examination lasting 180 minutes and multiple-choice examination lasting 60 minutes.

2. Examination content includes:

a) Questions testing general knowledge of civil, criminal, commercial laws and other laws related to bidding activities;

b) Questions assessing knowledge of tendering law provisions;

c) Questions and case studies assessing knowledge and handling situations in tendering activities;

d) Questions assessing knowledge related to each field of registered tendering activities.

Article 17. Issuance of Practice Certificate for Tendering Activities

1. Within 15 days from the announcement of examination results or re-examination results, individuals meeting the conditions stipulated in Article 13 of this Circular will be issued a certificate for bidding activities according to Model No. 2 of Appendix 2 attached to this Circular.

2. The certificate for bidding activities will be sent to candidates via postal service; if candidates come directly to the Ministry of Planning and Investment to collect the certificate, they must present identification documents and sign the list of certificate issuance.

Article 18. Reissuance of Certificate for Bidding Activities

1. The Professional Practice Certificate for Tendering Activities shall be reissued in the following cases:

a) Certificates that have been issued but are damaged, torn, lost, or contain incorrect information;

b) The certificate has expired and the individual applying for reissue of the certificate meets one of the following conditions:

- During the period of practicing bidding activities based on previously issued certificates, individuals have directly participated in drafting, reviewing tender invitation documents, prequalification documents, tender documents, request documents; evaluating tender interest documents, prequalification documents, tender documents, proposal documents; reviewing tender interest results, prequalification results, contractor selection results for at least five large-scale tenders or ten small-scale tenders. Complex consulting service tenders are equivalent to large-scale tenders; simple consulting service tenders are equivalent to small-scale tenders;

- During the period of practicing bidding activities based on previously issued certificates, individuals have directly participated in teaching at least ten basic bidding training courses or in training courses for bidding instructors or in the Editorial Board or Drafting Team for drafting bidding-related regulatory documents.

c) The certificate has reached its expiration date as decided by the competent authority.

2. The application for reissuance of the certificate for bidding activities includes:

a) Application for reissuance of the certificate for bidding activities according to Model No. 5 of Appendix 2 attached to this Circular;

b) A list detailing activities directly related to drafting, reviewing tender invitation documents, prequalification documents, tender documents, request documents; evaluating tender interest documents, prequalification documents, tender documents, proposal documents; reviewing tender interest results, prequalification results, contractor selection results; drafting bidding-related regulatory documents; teaching about bidding during the validity period of the certificate.

 

 

Chapter IV

Bồi dưỡng AND ISSUE CERTIFICATE RECOGNITION OF TRAINING

INSTRUCTORS BIDDING

Article 19. Content and Duration and duration of training

1. The framework program for bidding instructor training is specified in Section C of Appendix 1 attached to this Circular.

2. Each bidding instructor training course must last a minimum of 40 hours, equivalent to 5 days (each hour is 45 minutes).

Article 20. Organization training bidding instructors

1. Individuals wishing to undergo bidding instructor training submit registration forms to the Ministry of Planning and Investment for consolidation, planning, and organization of the training course.

2. The Ministry of Planning and Investment instructs the Bidding Management Agency to plan and implement the training work and issue bidding instructor training certificates.

Article 21Final Exam and issue bidding instructor training certificates

1. Participants who attend at least 90% of the total training course duration are eligible to take the final exam.

2. Forms of Inspection:

a) Written test lasting up to 180 minutes;

b) Oral questioning lasting up to 30 minutes;

c) Teaching demonstration lasting a minimum of 30 minutes.

3. Content of inspection:

a) Testing general knowledge of civil, criminal, commercial laws and other laws related to bidding activities;

b) Testing knowledge of Vietnamese bidding laws and international practices;

c) Testing knowledge and case studies on handling situations in bidding.

4. Trainees will be issued bidding instructor training certificates when they meet all the following conditions:

b) Attending at least 90% of the course duration. In cases where a trainee fails to meet the attendance requirement due to valid reasons, the training institution may allow the trainee to retain their attended hours and continue training in another course offered by the same institution within a maximum period of three months from the first day of the previous course;

b) Achieving an average score of at least 80% of the total points for all subjects, with no subject scoring less than 70% of the maximum points being considered "Pass".

5. Within seven working days from the end of the training course, the Bidding Management Agency of the Ministry of Planning and Investment is responsible for issuing bidding instructor training certificates to trainees who meet the requirements according to Model No. 3 of Appendix 2 attached to this Circular.

 

Chapter V

RECOGNIZE INSTRUCTORS AND TRAINING INSTITUTIONS FOR BIDDING

 

 

Article 22. Instructor registration application

The instructor registration application includes:

1. Application for registering as a bidding instructor according to Model No. 8 of Appendix 2 attached to this Circular;

2. Scientific curriculum vitae established according to Model No. 9 of Appendix 2 attached to this Circular;

3. Two recent color photographs measuring 3x4 inches taken within the last six months;

4. Copy of bachelor's degree diploma;

5. Copy of master's or doctoral degree diploma and related certificates (if any);

6. Copy of national identity card or citizen identification card or passport;

7. Copy of bidding instructor training certificate;

8. Copy of certificate for bidding activities;

9. Documents proving years of experience working in the bidding field.

  Article 23. Conditions for Recognizing Lecturers on Bidding

An individual recognized as a lecturer on bidding shall have their information published on the National Bidding Network when meeting all of the following conditions:

1. Having a lecturer registration file in accordance with Article 22 of this Circular;

2. Graduating from a bachelor's degree or higher in legal, technical, or economic majors;

3. Having at least five consecutive years of experience in jobs directly related to bidding activities or having a total minimum of six years of experience in jobs directly related to bidding activities but not consecutively;

4. Holding a certificate for training lecturers on bidding;

5. Holding a professional practice certificate for consulting, construction, goods, and non-consulting bidding activities.

Article 24. Registration File for Training Institutions on Bidding

The registration file for training institutions on bidding includes:

1. A request for registration of a training institution on bidding according to Model No. 10 of Appendix 2 issued together with this Circular;

2. A form for providing information on the registration of a training institution on bidding according to Model No. 11 of Appendix 2 issued together with this Circular;

3. Documents proving compliance with the conditions stipulated in Article 25 of this Circular.

Article 25. Conditions for Recognizing Training Institutions on Bidding

An organization recognized as a training institution on bidding shall have its information published on the National Bidding Network when meeting all of the following conditions:

1. Having a Business Registration Certificate or Decision on Establishment for organizations without a Business Registration Certificate, including investment and business operations in the training and development services for bidding in accordance with current laws;

2. Having a teaching contract with lecturers on bidding listed on the National Bidding Network;

3. Having classrooms, teaching equipment, and facilities that meet requirements;

4. Having teaching materials consistent with the framework program as prescribed in Article 7 of this Circular;

5. Having a minimum of ten multiple-choice test questions, each question set containing 60 questions with answers. The test questions and answers must comply with current bidding laws and the framework program.

Article 26. Registering Lecturers and Training Institutions on Bidding

1. Registering Lecturers on Bidding:

Individuals registering as lecturers on bidding shall prepare two sets of registration files in accordance with Article 22 of this Circular and send them to the Ministry of Planning and Investment for consideration and recognition as lecturers on bidding, and publication of their information on the National Bidding Network, while also sending their scientific curriculum vitae in Word format to the email address [email protected].

2. Registering Training Institutions on Bidding:

Organizations registering as training institutions on bidding shall prepare two sets of registration files in accordance with Article 24 of this Circular and send them to the Ministry of Planning and Investment for consideration and recognition as training institutions on bidding, and publication of their information on the National Bidding Network, while also sending the form for providing information on the registration of a training institution on bidding in Word format to the email address [email protected].

Article 27. Reviewing, Recognizing and Removing Names LecturersTraining Institutions on Bidding on the National Bidding Network

1. Review Board:

a) The Ministry of Planning and Investment assigns the Bidding Management Agency to establish a Review Board to review the registration files of lecturers and training institutions on bidding. The Board may use the seal of the Bidding Management Agency in transactions with relevant organizations and individuals during the review, recognition, and removal processes of lecturers and training institutions on the National Bidding Network and other related activities;

b) The Review Board completes the review of the registration files of lecturers and training institutions on bidding within ten working days from the date of receiving complete files in accordance with Articles 22 and 24 of this Circular.

2. Within five working days from the date of receiving the Review Board's report, the Bidding Management Agency shall be responsible for:

a) Issuing a decision recognizing lecturers on bidding if the individual applying for lecturer status meets the provisions of Article 23 of this Circular;

b) Issuing a decision recognizing training institutions on bidding if the organization applying for training institution status meets the provisions of Article 25 of this Circular;

c) Notifying the individual applying for lecturer status and the organization applying for training institution status of the reasons for non-recognition if the registration files do not meet the provisions of Articles 22 and 24 of this Circular;

d) Publishing information about lecturers and training institutions on bidding on the National Bidding Network within seven working days from the date of issuing the decision recognizing lecturers and training institutions on bidding.

3. Removing names of lecturers and training institutions on bidding from the National Bidding Network:

a) Within seven working days from the date of discovering violations by lecturers and training institutions on bidding leading to their names being removed from the National Bidding Network, the Bidding Management Agency shall issue a decision to remove the names of violating lecturers and training institutions on bidding from the National Bidding Network;

b) Within three working days from the date of issuing the decision to remove the names of lecturers and training institutions on bidding, the Bidding Management Agency shall be responsible for publishing the decision to remove names on the National Bidding Network and notifying the violating lecturers and training institutions on bidding about the removal;

c) Lecturers and training institutions on bidding whose names have been removed from the National Bidding Network shall not be allowed to continue registering for recognition as lecturers and training institutions on bidding.

 

Chapter VI

RESPONSIBILITIES OF THE PARTIES AND HANDLING VIOLATIONS

IN TRAINING AND DEVELOPMENT ACTIVITIES ON TENDERING

 

 

Article 28. Responsibilities of the Ministry of Planning and Investment

1. The Ministry of Planning and Investment assigns the Bidding Management Agency to be responsible for:

a) Building, managing, and publicly disclosing information about lecturers on bidding, training institutions on bidding, and individuals granted basic bidding training certificates and professional practice certificates for bidding activities on the National Bidding Network;

b) Storing registration files of training institutions on bidding, registration files of lecturers on bidding, examination registration files, and issuance of professional practice certificates for bidding activities as prescribed.

c) Develop and promulgate training curricula and programs on bidding that ensure compliance with domestic laws and international practices to provide comprehensive knowledge and skills for those involved in bidding work and bidding instructors.

d) Perform other related tasks to ensure compliance with state management requirements in the field of bidding training and capacity building.

2. Uniformly manage bidding training and capacity building activities. Take the lead or coordinate with provincial Planning and Investment Departments or relevant ministries and sectors to monitor, inspect, and handle violations related to bidding training and capacity building activities within their jurisdiction.

Article 29. Responsibilities of bidding training institutions

1. Only organize bidding training and capacity building courses when fully meeting the conditions stipulated in this Circular.

2. Develop teaching materials and examination questions in accordance with the framework program as prescribed in Sections A and B of Appendix 1 issued together with this Circular.

3. Enter into contracts with bidding instructors listed on the National Public Procurement Network to teach bidding training and capacity building courses.

4. Organize basic bidding training courses in accordance with Article 4 of this Circular.

5. Publish the list of trainees who have been granted certificates for basic bidding training in accordance with Article 10 of this Circular.

6. Submit an annual report on bidding training and capacity building activities in writing to the Ministry of Planning and Investment before December 31 each year. The content of the report shall be carried out according to Model No. 12 in Appendix 2 issued together with this Circular, and simultaneously send the report in file format (Word format) to the email address [email protected].

Article 30. Responsibilities of bidding instructors

1. Teach strictly according to the framework program as prescribed in Appendix 1 promulgated together with this Circular.

2. Regularly update knowledge, mechanisms, policies, and relevant laws on tendering.

3. Submit an annual report on bidding teaching activities in writing to the Ministry of Planning and Investment before December 31 each year. The content of the report shall be carried out according to Model No. 13 in Appendix 2 issued together with this Circular, and simultaneously send the report in file format (Word format) to the email address [email protected].

Article 31. Responsibilities of individuals granted certificates for bidding practice

1.  Practice in accordance with the fields specified in the Certificate for Bidding Practice.

2.  Update knowledge, mechanisms, and policies when new policies are implemented.

3.  Comply with bidding laws and other relevant laws during the bidding practice process.

4.  Report on the bidding practice process when requested by state management agencies and other authorized agencies.

Article 32. Responsibilities of individuals granted basic bidding training certificates

1. Update knowledge, mechanisms, and new policies and laws when there are new policies.

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

Article 33. Violations of bidding training and capacity building regulations

1. For bidding training institutions:

Bidding training institutions committing any of the following acts shall be deemed to violate bidding training and capacity building regulations:

a) Providing false information when registering as a bidding training institution;

b) Not using bidding instructors listed on the National Public Procurement Network to teach basic bidding training courses;

c) Not conducting basic bidding training based on the framework program prescribed in this Circular;

d) Conducting basic bidding training without ensuring the minimum duration requirement as prescribed;

đ) Issuing certificates to individuals who did not participate in basic bidding training courses or to individuals who participated but did not meet all the conditions stipulated in Clause 1, Article 9 of this Circular;

e) Providing false confirmation for bidding instructors;

g) Not retaining records of bidding training and capacity building courses organized in accordance with Article 5 of this Circular;

h) Not submitting periodic annual reports or reports on the results of each basic bidding training course or ad hoc reports upon request from the Ministry of Planning and Investment regarding the status of their training and capacity building activities;

i) Not notifying the Ministry of Planning and Investment in writing about changes to their office address within 60 days of such changes.

2. For bidding instructors:

Bidding instructors committing any of the following acts shall be deemed to violate bidding training and capacity building regulations:

a) Providing false information when registering as a bidding instructor;

b) Not teaching based on the framework program for bidding training;

c) Not submitting periodic annual reports or ad hoc reports upon request from the Ministry of Planning and Investment regarding the status of their bidding teaching activities.

3. For individuals granted certificates for bidding practice:

Individuals granted certificates for bidding practice committing any of the following acts shall be deemed to violate bidding training and capacity building regulations:

a) Providing false information in the application for a certificate for bidding practice;

b) Practicing outside the scope specified in the certificate for bidding practice;

c) Arbitrarily altering or modifying the certificate for bidding practice;

d) Lending, renting, or allowing others to use their certificate for bidding practice;

đ) Not complying with bidding laws and other relevant laws during the bidding practice process.

4. For individuals granted basic bidding certificates:

Individuals granted basic bidding certificates committing any of the following acts shall be deemed to violate bidding training and capacity building regulations:

a) Using a basic bidding certificate not issued by a bidding training institution registered on the National Public Procurement Network or issued by a registered institution but not meeting all the conditions stipulated in Clause 1, Article 9 of this Circular;

b) Lending, renting, or allowing others to use their certificate to participate in bidding expert teams;

c) Not complying with bidding laws and other relevant laws during the bidding process.

Article 34. Forms of handling violations bidding training and capacity building regulations

1. For bidding training institutions:

a) An organization registering a bidding training institution shall not be appraised to recognize such a bidding training institution for a period of two years for the violation stipulated at point a, Clause 1, Article 33 of this Circular;

b) The name of a bidding training institution shall be removed from the National Bidding Network System for any of the violations stipulated at points a, b, c, d, đ, e, and g, Clause 1, Article 33 of this Circular;

c) A bidding training institution shall be warned for the violation stipulated at points h, i, Clause 1, Article 33 of this Circular. If a bidding training institution is warned twice, its name will be removed from the National Bidding Network System.

2. For bidding instructors:

a) An individual registering as a bidding lecturer shall not be appraised to recognize such a status for a period of two years for the violation stipulated at point a, Clause 2, Article 33 of this Circular;

b) The name of a bidding lecturer shall be removed from the National Bidding Network System for any of the violations stipulated at points a, b, Clause 2, Article 33 of this Circular;

c) A bidding lecturer shall be warned for the violation stipulated at point c, Clause 2, Article 33 of this Circular. If a bidding lecturer is warned twice, their name will be removed from the National Bidding Network System.

3. For individuals granted certificates for bidding practice:

a) A professional practice certificate for bidding activities shall not be issued for a period of two years for the violation stipulated at point a, Clause 3, Article 33 of this Circular;

b) A professional practice certificate for bidding activities shall be revoked for a period of two years for the violation stipulated at points a, b, Clause 3, Article 33 of this Circular;

c) A professional practice certificate for bidding activities shall be revoked for a period of three years for the violation stipulated at points c, d, and đ, Clause 3, Article 33 of this Circular.

4. For individuals who have been granted a basic bidding training certificate:

a) The basic bidding training certificate shall be revoked when an individual violates the provision stipulated at point a, Clause 4, Article 33 of this Circular;

b) The basic bidding training certificate shall be revoked when an individual violates the provisions stipulated at points b, c, Clause 4, Article 33 of this Circular. In this case, the individual shall not be granted a basic bidding training certificate for a period of two years from the date of revocation of the previously granted certificate.

5. In addition to the handling measures for violations prescribed in Clauses 1, 2, 3, and 4 of this Article, organizations and individuals violating laws on bidding shall also be handled according to the forms prescribed in Article 121 of Decree No. 63/2014/NĐ-CP and published on the National Bidding Network System., Bid Invitation Journal.

 

Chapter VII

IMPLEMENTING PROVISIONS

 

Article 35Implementation guidance

1. For bidding training institutions that have been posted with information by the Ministry of Planning and Investment on the National Bidding Network System:

a) Submit an updated information file along with ten sets of multiple-choice test questions as prescribed in Clause 5, Article 25 of this Circular to the Ministry of Planning and Investment before September 1, 2016;

b) As of September 1, 2016 (based on postmark or receipt stamp), if the Ministry of Planning and Investment does not receive the updated information file of the bidding training institution or the multiple-choice test questions are incomplete and non-compliant with the bidding laws, the bidding training institution's name will be removed from the National Bidding Network System.

2. Bidding lecturers who have been posted with information by the Ministry of Planning and Investment on the National Bidding Network System will continue to have their information posted if they meet any of the following conditions:

a) Their names are included in the drafting team or editorial group of one of the legal documents on bidding (Bidding Law No. 61/2005/QH11, Decree No. 111/2006/NĐ-CP, Decree No. 58/2008/NĐ-CP, Decree No. 85/2009/NĐ-CP, Bidding Law No. 43/2013/QH13, Decree No. 63/2014/NĐ-CP) and from January 1, 2014 to the effective date of this Circular, they directly taught at least five classes of bidding training courses as prescribed in Circular No. 10/2010/TT-BKH dated May 13, 2010 of the Ministry of Planning and Investment;

b) From January 1, 2014 to the effective date of this Circular, they directly taught at least thirty classes of bidding training courses as prescribed in Circular No. 10/2010/TT-BKH dated May 13, 2010 of the Ministry of Planning and Investment.

3. Lecturers whose information has been posted on the National Bidding Network System are responsible for submitting an updated lecturer information file including: changes to the information currently posted on the National Bidding Network System and documents proving compliance with the provisions of Clause 2 of this Article.

As of September 1, 2016 (based on postmark or receipt stamp), if the Ministry of Planning and Investment does not receive the updated lecturer information file or the lecturer does not comply with the provisions of Clause 2 of this Article, the lecturer's name will be removed from the National Bidding Network System.

4. Bidding lecturers who continue to have their information posted on the National Bidding Network System do not need to have a bidding lecturer training certificate and can apply for a professional practice certificate for bidding consulting, construction, goods, and non-consulting services after submitting an application to the Ministry of Planning and Investment. The application includes:

a) An application form for a professional practice certificate for bidding activities according to Model No. 4b of Appendix 2 promulgated together with this Circular;

b) Two recent color photographs measuring 3x4 inches taken within the last six months;

c) A copy of the national identity card or citizen identification card or passport.

5. Certificates for bidding training issued by training institutions that have been posted with information by the Ministry of Planning and Investment on the National Bidding Network System according to Circular No. 10/2010/TT-BKH dated May 13, 2010 of the Ministry of Planning and Investment on bidding training and training still have validity and are equivalent to the basic bidding training certificates under this Circular.

6. The examination for issuing professional practice certificates for bidding activities will begin on January 1, 2017.

7. As of January 1, 2018, individuals directly involved in preparing, reviewing the expression of interest documents, prequalification documents, tender documents, request for proposal documents; evaluating expressions of interest, prequalification submissions, tender submissions, proposal submissions; reviewing the results of expressions of interest, prequalification results, contractor selection outcomes under professional procurement organizations, enterprises, units engaged in procurement consulting activities, professional project management boards, centralized purchasing units must hold a professional practice certificate for procurement activities.

Article 36Implementation Organization

1. This Circular takes effect from July 1, 2016, and replaces Circular No. 10/2010/TT-BKH dated May 13, 2010, issued by the Ministry of Planning and Investment on training and professional development in procurement.

2. Ministries, ministerial-level agencies, government-affiliated agencies, other central agencies, People's Committees at all levels, and related organizations and individuals are responsible for implementing this Circular. In the course of implementation, if there are any difficulties, the relevant ministries, ministerial-level agencies, government-affiliated agencies, other central agencies, People's Committees at all levels, and related organizations and individuals are requested to send their comments to the Ministry of Planning and Investment for timely guidance./.