Circular No. 10/2010/TT-BKHĐT on training and capacity building for bidding business.

Chapter I GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

Article 1. Scope of Application This Circular regulates activities related to training and professional development in procurement (hereinafter referred to as professional development in procurement) pursuant to Article 5 of Decree No. 85/2009/ND-CP dated October 15, 2009 of the Government guiding the implementation of the Law on Bidding and the selection of construction contractors under the Construction Law, including: provisions on conditions for organizing professional development in procurement activities; bidding lecturers; registration and publication of information on training institutions in the database system; organization of professional development in procurement, framework programs, issuance of certificates for professional development in procurement; management of professional development in procurement activities.

Article 2. Applicability - Training institutions and individuals involved in professional development in procurement activities; - Individuals directly participating in procurement activities; - Procurement management agencies.

Article 2. Conditions for Organizing Professional Development in Procurement Activities

Clause 1. Possess a Business Registration Certificate or Decision on Establishment for institutions without a Business Registration Certificate in accordance with the law on business operations and activities as organizations providing professional development in procurement;

Clause 2. Have a team of bidding lecturers meeting the requirements stipulated in Clause 1 of this Article;

Clause 3. Be listed in the database of training institutions for procurement in accordance with Article 4 of this Circular;

Clause 4. Have teaching materials meeting the requirements stipulated in Article 6 of this Circular (applicable only to basic and advanced program courses).

Article 3. Bidding Lecturers

Clause 1. Bidding lecturers must meet the following conditions:

a) Hold a bachelor's degree or higher;

b) Have at least five years of experience in procurement activities: teaching about procurement; state management of procurement; drafting legal normative documents and guidance documents on procurement;

c) Be listed in the database of bidding lecturers in accordance with Clauses 2 and 3 of this Article.

Clause 2. Registration of Bidding Lecturers Individuals wishing to register as bidding lecturers shall submit a request for registration along with a scientific curriculum vitae (in writing) according to Model No. 3 of Appendix 4 attached to this Circular to the Ministry of Planning and Investment, and simultaneously send it in electronic form to the email address [email protected] to be included in the bidding lecturer database.

Clause 3. Publication in the Bidding Lecturer Database The Ministry of Planning and Investment is responsible for reviewing and publishing information on bidding lecturers in the database on the Ministry’s bidding information website within ten working days from the date of receiving complete and valid application files as stipulated in Clause 2 of this Article. In cases where inclusion in the bidding lecturer database is not approved, a written response stating the reasons must be provided within ten working days.

Article 4. Procedures for Registering and Publishing Information on Training Institutions in the Database

Clause 1. Preparation of Registration Documents The registration documents include:

a) A certified copy of one of the following documents: Business Registration Certificate or Decision on Establishment;

b) A declaration of the training institution's capacity (physical facilities, personnel, and relevant documentation on training management procedures);

c) A request for registration in the database and a training institution information submission form according to Model No. 4 and Model No. 5 of Appendix 4 attached to this Circular.

Clause 2. Submission of Registration Documents The training institution shall submit the registration documents (in writing) to the Ministry of Planning and Investment, and simultaneously send them electronically to the email address [email protected] to be included in the training institution database for procurement.

Clause 3. Publication in the Training Institution Database for Procurement The Ministry of Planning and Investment is responsible for reviewing and publishing information on training institutions in the database on the Ministry’s bidding information website within ten working days from the date of receiving complete and valid application files as stipulated in Clauses 1 and 2 of this Article. In cases where inclusion in the training institution database for procurement is not approved, a written response stating the reasons must be provided within ten working days.

Chapter II TRAINING ORGANIZATION AND ISSUANCE OF TRAINING CERTIFICATES IN PROCUREMENT BUSINESS

Article 5. Training Program for Procurement Business

1. The training program for procurement business includes a basic program and an advanced program.

2. Basic Program

a) Target: Mandatory for individuals directly participating in procurement activities, except for contractors; other individuals with needs.

b) Content: In accordance with the framework program prescribed in Appendix 1 attached to this Circular.

c) Duration: The course duration is three days, equivalent to twenty-four class hours.

3. Advanced Program

a) Target: Individuals with needs who have obtained a certificate from the basic program course.

b) Content: In accordance with the framework program prescribed in Appendix 2 attached to this Circular.

c) Duration: The minimum course duration is five days, equivalent to a minimum of forty class hours.

4. Specialized Course

a) Training institutions may organize specialized courses including: - Dissemination of newly issued regulatory documents; - Preparation of tender documents and request documents; - Evaluation of tender submissions and proposal documents; - Review of contractor selection results; - Contracts; - Handling situations in procurement; - Online procurement; - Other specialized topics.

b) The duration of specialized courses is determined by the training institution based on teaching and learning requirements.

c) Specialized courses do not issue certificates and are not required to comply with the provisions from Article 6 to Article 9 of this Circular.

Article 6. Teaching Materials for Courses

1. Teaching materials for courses include textbooks, presentation materials, and related materials.

2. Textbooks are compiled in Word format, and presentation materials are compiled in presentation format.

3. Textbooks and presentation materials are compiled by training institutions according to the framework programs prescribed in Appendices 1 and 2 attached to this Circular.

Article 7. Organization of Training in Procurement Business

1. Training institutions implement the regulations on organizing training in procurement business as follows:

a) Deciding to organize a course in writing, which includes the course program content, instructors, time, location, and other necessary information;

b) Publicizing the course regulations and providing complete materials according to the program to students before the start of the course;

c) Organizing the course to ensure the content according to the framework program and the duration specified in Clause 2 and Clause 3 of Article 5 and the provisions in Appendices 1 and 2 attached to this Circular. Monitoring the attendance time of students in the course;

d) Organizing examinations and grading student performance to issue certificates to students.

2. Training courses that issue certificates must be organized as centralized study sessions.

3. For courses where all students belong to remote, difficult areas, training institutions are permitted to adjust teaching materials to suit local specific procurement requirements while still ensuring the course duration according to the framework program.

Article 8. Assessment of Learning Results and Issuance of Training Certificates in Procurement Business

1. Conditions for Issuing a Training Certificate in Procurement Business Students will be issued a training certificate in procurement business when they meet the following conditions:

a) Attending at least ninety percent of the course duration. In cases where students cannot ensure the course attendance duration but have valid reasons, the training institution allows students to retain the attended hours and continue studying in another course of the same training institution within a maximum period of three months from the first day of the previous course.

b) Completing an examination and achieving a final course examination result rated as satisfactory or higher.

2. Final Course Examination

a) The examination can be in multiple-choice form or a combination of multiple-choice and scenario response forms.

b) The examination duration is sixty minutes.

c) Grading the examination for certificate issuance An examination score of ninety-five percent or more of the total points: Excellent An examination score of eighty-five percent to ninety-four percent of the total points: Good An examination score of seventy percent to eighty-four percent of the total points: Average An examination score of fifty percent to sixty-nine percent of the total points: Pass An examination score of forty-nine percent or less of the total points: Fail

3. The head of the training institution is responsible for issuing a training certificate in procurement business to students who meet the requirements.

4. The training institution is responsible for printing and managing the training certificate in procurement business. The content, form, and format of the certificate are established according to Model 1 and Model 2 in Appendix 3 attached to this Circular.

Article 9. Reissuing the Tendering Business Training Certificate

1. Individuals who have been issued a Tendering Business Training Certificate may request the training institution to reissue the certificate in cases where the certificate is torn, damaged, or lost. The training institution will not reissue the certificate if it has been more than five years since the end date of the course from the date the certificate was previously issued.

2. Individuals requesting a reissued certificate must submit an application for reissuance of the Tendering Business Training Certificate. The application must be accompanied by a photograph and a copy of the ID card. In cases where the certificate is torn or damaged, the individual requesting the reissue must return the damaged certificate to the training institution.

3. The training institution that issued the Tendering Business Training Certificate to the trainee shall base the reissuance on the original file. The content of the reissued certificate shall be identical to the first issuance. The training institution shall only reissue the certificate once for each individual and clearly mark "second issuance" on the certificate.

Article 10. Recordkeeping of Documents

The training institution is responsible for storing the records of each course for a minimum period of five years from the last day of the course to serve the inspection work of the competent state agencies and the reissuance of certificates for trainees as stipulated in Article 9 of this Circular. The records of each course include:

1. List and information about trainees, list of trainees who received certificates with examination results confirmed by the training institution, trainee files (including information: name, date of birth, ID number or passport number, occupation, address);

2. List of lecturers participating in teaching (including information: name, year of birth, occupation, professional qualifications, name and address of workplace);

3. Textbooks, presentation materials, examination questions, and student answers.

Chapter III MANAGEMENT OF TENDERING BUSINESS TRAINING ACTIVITIES

Article 11. Reporting on Tendering Business Training Activities

Before December 31 of each year, the training institution has the obligation to report on tendering business training activities to the Ministry of Planning and Investment for consolidation in the annual tendering work report submitted for approval.

Article 12. Management and Inspection of Tendering Business Training Activities

1. The Ministry of Planning and Investment is responsible for unified management of tendering business training activities, inspection, or coordination with provincial Departments of Planning and Investment (for localities) or with ministries and sectors to inspect tendering business training activities and handle violations according to their authority against training institutions.

2. Ministries, ministerial-level agencies, government agencies at the central level, localities, and People's Committees at all levels direct the inspection of tendering business training activities within their jurisdiction. For localities, the Department of Planning and Investment is responsible for assisting the provincial People's Committee in organizing inspections of tendering business training activities for training institutions registered to operate and headquartered in their locality.

3. The agency or unit conducting the inspection is responsible for handling violations or recommending the competent authority to handle violations against training institutions that violate the provisions of this Circular.

Article 13. Handling Violations

1. Principles for Handling Violations

a) Training institutions that violate the provisions of this Circular will be handled according to Article 75 of the Law on Bidding, Chapter XI of Decree No. 85/2009/ND-CP dated October 15, 2009 of the Government guiding the implementation of the Law on Bidding and the selection of construction contractors under the Construction Law, and the provisions of this Circular. Depending on the severity of the violation, individuals or training institutions will be subject to one or more of the following measures: warning, fines, and other forms prescribed by relevant legal documents.

b) Decisions to handle violations implemented in any locality or sector shall be effective throughout the country and in all sectors.

c) Decisions to handle violations must be sent to the Ministry of Planning and Investment for monitoring, consolidation, and handling in accordance with the law.

d) Organizations and individuals violating the provisions of this Circular, in addition to being handled according to point a, Clause 1, Article 14 of this Circular, will also be published in the Bidding Newspaper, the electronic bidding information portal of the Ministry of Planning and Investment, and on other related mass media.

e) Organizations and individuals penalized for violations of bidding laws have the right to sue in court.

2. Authority to Handle Violations

a) The Ministry of Planning and Investment is responsible for monitoring and handling violations in accordance with the law.

b) Provincial Departments of Planning and Investment are responsible for monitoring and handling violations or recommending the competent authority to handle violations in accordance with the law for violations in their locality and for training institutions registered to operate and headquartered in their locality.

Article 14. Forms of Handling Violations of Law

1. Depending on the level of violation of the provisions of this Circular, organizations and individuals shall be subject to one or more of the following forms of handling:

a) Warning shall be applied in cases where organizations and individuals fail to comply with the provisions accompanying this Circular;

b) Fine shall be imposed on organizations and individuals who commit violations stipulated in the accompanying Circular causing damage to the interests of related parties, national interests, or according to the law on administrative penalties in the field of planning and investment.

2. In cases where violations as specified in Clause 1, Article 8 of this Circular are discovered, the inspection agency or unit shall propose that the competent authority handle the matter in accordance with relevant laws.

Chapter IV IMPLEMENTATION PROVISIONS

Article 15. Implementation Guidance

1. For training institutions whose information has been published on the training institution bidding data system by the Ministry of Planning and Investment before the effective date of this Circular:

a) They may continue to organize bidding business training activities;

b) Update the training institution's information according to Model No. 5 in Appendix 4 attached to this Circular and send it to the Ministry of Planning and Investment before December 31, 2010. If the training institution fails to update its information by the deadline, the Ministry of Planning and Investment will remove the institution's information from the data system.

2. Bidding business training certificates issued by registered training institutions with the Ministry of Planning and Investment before the effective date of this Circular remain valid for use.

Article 16. Effective Date

1. This Circular takes effect from July 15, 2010. This Circular replaces Decision No. 678/2008/QĐ-BKH dated June 2, 2008 of the Minister of Planning and Investment promulgating regulations on bidding course certificates.

2. During implementation, if there are any difficulties, please submit comments to the Ministry of Planning and Investment for timely review and adjustment.