Circular No. 04/2019/TT-BKHĐT detailing the training, enhancement, and examination for issuance of certificates for bidding practice activities

CIRCULAR

Detailed provisions on training, capacity building

and examination for issuance of practice certificates for bidding activities

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

Pursuant to Law No. 03/2016/QH14 dated November 22, 2016 amending and supplementing Article 6 and Appendix 4 on the List of Industries and Trades Subject to Conditions for Investment under Law No. 67/2014/QH13 on Investment;

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;

Pursuant to Decree No. 86/2017/NĐ-CP of the Government dated July 25, 2017 stipulating the functions, tasks, powers, and organizational structure of the Ministry of Planning and Investment;

The Minister of Planning and Investment issues this Circular providing detailed provisions on training, capacity building, and examination for issuance of practice certificates for bidding activities.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular provides detailed provisions on training, capacity building, and examination for issuance of practice certificates for bidding activities as prescribed in the Bidding Law and Decree No. 63/2014/NĐ-CP detailing the implementation of certain provisions of the Bidding Law regarding the selection of contractors.

Article 2. Applicability

This Circular applies to organizations and individuals participating in or related to training, capacity building on bidding and examination for issuance of practice certificates for bidding activities within the scope regulated by Article 1 of this Circular.

Article 3. Types of training and capacity building on bidding

1. Basic bidding training applicable to individuals involved in contractor selection activities and other individuals with such needs. Upon completion of each training course, participants meeting the requirements will be issued a basic bidding training certificate. Individuals from contractors are not required to have a basic bidding training certificate.

2. Capacity building on bidding applicable to individuals with such needs, including specialized capacity building, updating and enhancing knowledge and experience in bidding to serve work purposes, serving examinations for issuance of practice certificates for bidding activities, and other forms of capacity building on bidding.

Article 4. Retention of examination records for issuance of practice certificates for bidding activities; training and capacity building records on bidding

1. For examination records for issuance of practice certificates for bidding activities:

a) Examination registration records shall be stored on the National E-Bidding System;

b) The Department of Bidding Management under the Ministry of Planning and Investment shall be responsible for retaining relevant decisions concerning the organization of examinations for issuance of practice certificates for bidding activities for a minimum period of five years from the date of issuance of the decision, including:

- Decision establishing the examination board; decision establishing support units for the examination board;

- Decision approving the list of candidates eligible to take the examination;

- Decision recognizing examination results, re-examination results (if any);

- Decision issuing, reissuing, or revoking practice certificates for bidding activities.

c) The Department of Bidding Management under the Ministry of Planning and Investment shall be responsible for retaining one set of examination questions along with answers, examination papers, and other related materials for each examination session for a minimum period of three years from the date of the examination session.

2. For basic bidding training records:

Training institutions shall be responsible for retaining records of each basic bidding training course for a minimum period of three 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.

Article 5. Examination and Certification Costs for Tendering Activities

1. The subjects required to pay examination and certification costs for tendering activities are individuals who wish to participate in the examination and certification for tendering activities.

2. The level of fees for examinations and certifications for tendering activities shall be determined by the Minister of Planning and Investment upon the proposal of the Tender Management Agency based on actual conditions, ensuring a balance between revenue and necessary expenditures for organizing the examination and certification for tendering activities.

3. The content and amount of expenses for organizing the examination and certification for tendering activities shall be implemented according to current state regulations. For certain special expense items not yet regulated by competent authorities but necessary for work purposes, the head of the unit tasked with organizing the examination and certification for tendering activities may apply corresponding expense levels for similar tasks already stipulated in current laws and regulations, provided that such application does not contravene internal expenditure rules of the agency.

4. State budget funds shall not be used to organize the examination and certification for tendering activities.

Chapter II

TRAINING AND ISSUANCE OF CERTIFICATES TRAINING BASIC TENDERING

Article 6. 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;

Based on the framework program, the training institution may adjust the training content to meet specific requirements of tendering work for each trainee group. For training courses where all participants come from remote, difficult areas, the training institution may adjust teaching materials to suit local tendering requirements, but the course duration must comply with the framework program.

2. The minimum duration of each basic tendering training course is 24 class hours equivalent to three days (each class hour being 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.

. Organization

Article 7Based 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;

Evaluation of Training Results and Issuance of Certificates

Article 8. 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;

c) Completing a final exam and achieving a grade of "Pass" or higher.

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.

Publishing List of Certificate Holders

Article 9. 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:

of Basic Tendering Certificate

Article 101. 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.

EXAMINATION AND ISSUANCE OF PROFESSIONAL CERTIFICATE FOR TENDERING ACTIVITIES

Professional Certificate for Tendering Activities

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

1. The bidding practice certificate shall be issued to individuals listed below when they must directly perform the tasks as prescribed in Clause 2 of Article 16 of the Bidding Law:

a) Individuals belonging to consulting enterprises or units engaged in bidding consultancy; independent consultants on bidding;

b) Individuals belonging to professional project management boards: these are specialized project management boards, regional project management boards as stipulated by construction laws, or project management boards established to professionally manage projects, managing multiple projects simultaneously or consecutive projects;

c) Individuals belonging to centralized procurement units: these are units established to specialize in centralized procurement and regular, continuous procurement activities.

d) Other individuals with needs.

2. Individuals specified in points a, b, and c Clause 1 of this Article, when directly participating in the following activities must have a bidding practice certificate:

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

b) Evaluating tender interest documents, prequalification application documents, tender application documents, proposal submission documents.

3. The bidding practice certificate includes the following types:

a) Bidding practice certificate for consulting service bidding;

b) Bidding practice certificate for construction bidding, procurement of goods, non-consulting services bidding;

c) Individuals who pass the examination to obtain a bidding practice certificate for consulting services, construction, procurement of goods, non-consulting services bidding shall be issued a bidding practice certificate in the fields of consulting services, construction, procurement of goods, non-consulting services.

4. Using the bidding practice certificate:

a) Individuals holding a bidding practice certificate for consulting service bidding may participate in the process of selecting contractors for consulting service tender packages;

b) Individuals holding a bidding practice certificate for construction, goods procurement, non-consulting services bidding may participate in the process of selecting contractors for construction tender packages, goods procurement, provision of non-consulting services, goods procurement and construction tender packages (PC);

c) Individuals holding a bidding practice certificate for consulting service bidding, construction bidding, goods procurement, non-consulting services bidding may participate in the process of selecting contractors for all tender packages.

5. When the validity period recorded on the bidding practice certificate expires, individuals must apply for reissue or retake the examination if they do not meet the conditions for reissuance as stipulated in Article 17 of this Circular.

6. The following individuals are not required to hold a bidding practice certificate:

a) Individuals belonging to project management boards established to implement specific projects and will be dissolved upon completion of the project;

b) Individuals belonging to state agencies, political organizations, political-social organizations, political-social-professional organizations, social-professional organizations, social organizations, units under the people's armed forces, public service units participating in the tasks specified in Clause 2 of this Article according to assigned tasks, except for individuals specified in Clause 1 of this Article;

c) Individuals participating in the tasks specified in Clause 2 of this Article in centralized procurement under a part-time model, not continuously or regularly.

Individuals mentioned in this Clause, when participating in bidding activities, must have a basic bidding training certificate.

7. In cases where opinions from specialized experts are needed, such experts are not required to have a basic bidding training certificate or a bidding practice certificate.

8. The Ministry of Planning and Investment shall uniformly manage bidding practice certificates nationwide; it is responsible for organizing examinations, issuing, reissuing, and revoking bidding practice certificates.

Article 12. Conditions for Issuing a Bidding Practice Certificate

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. Meeting one of the following conditions:

1.  Having regularly and continuously participated in one of the activities related to bidding within the last four years (counted from the date of registration for the examination), including:

• Teaching about bidding;
• Participating in drafting legal documents on bidding;
• Participating in the contractor selection process, managing the implementation of contracts for tender packages regulated by the Bidding Law, such as: participating in the preparation and review of tender package selection plans; preparing and reviewing tender interest invitation documents, prequalification invitation documents, tender invitation documents, request for proposal documents; evaluating tender interest documents, prequalification application documents, tender application documents, proposal submission documents; reviewing the results of tender interest evaluations, prequalification application evaluations, contractor selection results, participating in negotiations and finalizing contracts; participating in project management and contract management (acceptance, payment, contract adjustments...);

b) Having participated in one of the activities related to bidding as specified in point a of this Clause within the last five years (counted from the date of registration for the examination) but not regularly or continuously;

c) Having participated in preparing and reviewing tender interest invitation documents, prequalification invitation documents, tender invitation documents, request for proposal documents; evaluating tender interest documents, prequalification application documents, tender application documents, proposal submission documents; reviewing the results of tender interest evaluations, prequalification application evaluations, contractor selection results for at least five large-scale tender packages (tender packages for non-consulting services supply, goods procurement with a tender value exceeding 10 billion VND; construction tender packages, mixed tender packages with a tender value exceeding 20 billion VND) or ten small-scale tender packages. Complex consulting service tender packages are equivalent to large-scale tender packages; simple consulting service tender packages are equivalent to small-scale tender packages.

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

Article 13. Registration for Qualification Examination

1. Individuals who wish to take the qualification examination to obtain a practice certificate for tendering activities shall register on the National Tendering System.

2. The registration process for the examination and the application procedures for the qualification examination on the National Tendering System shall be guided and publicly posted on the National Tendering System by the Tender Management Department. Individuals may only participate in the qualification examination after successfully registering and paying all required examination fees as stipulated.

3. In cases where a candidate achieves the required standard in only one of the two subjects during a qualification examination period, the score for the subject met will be retained for a period of 12 months from the date of issuance of the decision recognizing the examination results. During this retention period, the candidate may re-register for the subject not met. After the retention period expires, the candidate's examination scores will no longer be valid for consideration in issuing a practice certificate for tendering activities.

Candidates who fail to meet the requirements in one of the two subjects when taking the qualification examination for a practice certificate for tendering advisory services, construction procurement, goods procurement, or non-advisory services may re-register for that subject in the qualification examination for a practice certificate for tendering advisory services, construction procurement, goods procurement, or non-advisory services. If the re-examination results meet the requirements, the candidate will be issued a practice certificate for tendering advisory services, construction procurement, goods procurement, or non-advisory services.

Article 14. Organization of Qualification Examinations

1. The Qualification Examination Board for Issuing Practice Certificates for Tendering Activities shall be established by the Minister of Planning and Investment.

2. The Ministry of Planning and Investment shall assign the Tender Management Department to lead and coordinate with relevant units to organize the qualification examinations in a timely manner to meet the demand for issuing practice certificates for tendering activities. The Chairman of the Examination Board shall use the seal of the Tender Management Department in transactions with organizations and individuals related to the organization of the qualification examinations and other related activities. The Tender Management Department shall be responsible for performing the following tasks:

a) Drafting the examination regulations, submitting them to the Minister of Planning and Investment for approval;

b) Deciding on the establishment of Examination Assistance Committees/Teams;

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;

đ) Performing other related tasks.

Article 15. Form and Content of Qualification Examinations

1. Examination form: written examination within a maximum of 120 minutes and multiple-choice examination within a maximum of 60 minutes.

2. Examination content includes:

a) Questions assessing knowledge of general laws related to tendering 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 16. Issuance of Practice Certificate for Tendering Activities

Within 15 days from the date of announcement of examination results or review results, individuals meeting the conditions specified in Article 13 of this Circular shall be issued a practice certificate for tendering activities according to Model No. 2 of Appendix 2 promulgated together with this Circular.

Article 17. Reissuing the Professional Practice Certificate for Tendering Activities

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

a) The certificate has been issued and is still valid but is torn, damaged, lost, or contains 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 tendering activities according to the previously issued certificate, the individual directly participated in preparing, reviewing interest solicitation documents, prequalification documents, tender documents, request documents; evaluating interest documents, prequalification submissions, tender submissions, proposal documents; reviewing 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 tendering activities according to the previously issued certificate, the individual directly participated in teaching at least ten basic tendering training courses or joined the Editorial Board or Drafting Team for drafting legal regulations on tendering.

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

2. The application dossier for reissuing the Professional Practice Certificate for Tendering Activities includes:

a) An application form for reissuing the Professional Practice Certificate for Tendering Activities according to Model No. 3 of Appendix 2 promulgated together with this Circular;

b) The previously issued certificate for cases where the certificate is still valid but torn, damaged, or contains incorrect information;

c) For cases where the certificate has expired: submit a declaration of related activities directly involving the preparation, review of interest solicitation documents, prequalification documents, tender documents, request documents; evaluation of interest documents, prequalification submissions, tender submissions, proposal documents; review of interest evaluation results, prequalification evaluation results, contractor selection results; drafting legal regulations on tendering; teaching tendering during the validity period of the previously issued certificate.

Chapter IV

RESPONSIBILITIES OF THE PARTIES

IN TRAINING AND DEVELOPMENT ACTIVITIES ON TENDERING

Article 18. Responsibilities of Tender Training Institutions

1. Only organize tender training and development courses when fully meeting the conditions stipulated by tendering laws.

2. Develop teaching materials and examination questions consistent with the framework program as prescribed in Appendix 1 promulgated together with this Circular.

3. Publish a list of trainees who have been issued a basic tender training certificate according to Article 9 of this Circular.

4. Before December 31 each year, submit a written report on tender training and development activities to the Ministry of Planning and Investment. The content of the report follows Model No. 5 of Appendix 2 promulgated together with this Circular, and simultaneously send the report in file format (Word format) to the email address [email protected].

Article 19. Responsibilities of Tender 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. Before December 31 each year, submit a written report on tender teaching activities to the Ministry of Planning and Investment. The content of the report follows Model No. 6 of Appendix 2 promulgated together with this Circular, and simultaneously send the report in file format (Word format) to the email address [email protected].

Article 20. Responsibilities of individuals granted a bidding practice certificate

1. Practice in accordance with the field of practice specified in the Bidding Practice Certificate.
2. Update knowledge, mechanisms, and new policies and laws when there are new policies.
3. Comply with the provisions of the law on bidding 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 21. Responsibilities of individuals granted a basic bidding training certificate

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

2. Comply with the provisions of the law on bidding and other relevant laws during the bidding practice process.

Chapter V

IMPLEMENTING PROVISIONS

Article 22Implementation guidance

1. The tendering business training certificate issued by training institutions that have been registered on the National Public Procurement Network System in accordance with Circular No. 10/2010/TT-BKH dated May 13, 2010, of the Ministry of Planning and Investment regarding training and upgrading skills in public procurement shall remain valid and equivalent to the basic bidding training certificate under this Circular.

2. In cases where enterprises or units wish to register information about their bidding training institutions on the National Public Procurement Network System, they should submit registration applications according to the guidelines set out in Appendix 3 attached to this Circular to the Department of Tender Management, Ministry of Planning and Investment for review and registration.

Article 23Implementation Organization

1. This Circular takes effect from March 11, 2019, and replaces Circular No. 03/2016/TT-BKHĐT dated May 5, 2016, of the Ministry of Planning and Investment detailing regulations on training and upgrading skills in public procurement activities.

2. Ministries, ministerial-level agencies, government-affiliated agencies, central-level agencies, People's Committees at all levels, and related organizations and individuals are responsible for implementing this Circular. Any difficulties encountered during implementation should be reported to the Ministry of Planning and Investment for timely guidance./.