Decision No. 1323/2006/QD-BKH Issuing Regulations on Certificates for Participation in Tendering Courses

DECISION OF THE MINISTER OF PLANNING AND INVESTMENT

Issuing Regulations on Certificates for Participation in Tendering Courses

THE MINISTER OF PLANNING AND INVESTMENT

Pursuant to Clause 5 of Article 68 of the Law on Tendering No. 61/2005/QH11 dated November 29, 2005 adopted by the National Assembly;

Pursuant to Article 5 and Clause 4 of Article 63 of the Decree No. 111/2006/NĐ-CP dated September 29, 2006 of the Government guiding the implementation of the Law on Tendering and the selection of construction contractors under the Construction Law;

Based on the proposal of the Director of the Department of Investment Management.

DECISION:

Article 1. To issue with this Decision the Regulations on Certificates for Participation in Tendering Courses as stipulated in Clause 4 of Article 63 of the Decree No. 111/2006/NĐ-CP dated September 29, 2006 of the Government guiding the implementation of the Law on Tendering and the selection of construction contractors under the Construction Law.

Article 2. This Decision shall take effect 15 days from the date of publication in the Official Gazette.

Article 3. Ministries, ministerial-level agencies, agencies under the Government, other central agencies, People's Committees at all levels, organizations and individuals as prescribed in Article 5 of the Decree No. 111/2006/NĐ-CP shall be responsible for implementing this Decision.

REGULATIONS

On certificates for participation in tendering courses

(Issued together with Decision No. 1323/2006/QĐ-BKH

dated December 12, 2006 of the Minister of Planning and Investment)

Article 1. General Provisions

1. Issuing certificates under these Regulations means confirming participants who have been equipped with knowledge on tendering in accordance with the Law on Tendering, the Decree guiding its implementation, and related regulations through tendering courses, training sessions, and capacity building programs (hereinafter collectively referred to as courses) as prescribed in Article 5 of the Decree No. 111/2006/NĐ-CP.

2. Tendering courses for issuing certificates must be organized by training institutions (meeting the requirements set out in Article 5 of the Decree No. 111/2006/NĐ-CP) over a minimum period of three consecutive or non-consecutive days but ensuring that the entire course does not exceed thirty days.

3. Certificates for participation in tendering courses must include the following contents:

a) The name, address of the training institution, signature of the authorized person of the training institution, and confirmation stamp;

b) Time and location of the course organization;

c) Name, age, address or workplace of the certificate holder accompanied by a photograph.

d) Other necessary contents.

Article 2. Responsibilities of Training Institutions

1. Organize training in accordance with the regulations and bear responsibility for their training activities.

2. Provide information about their training institution to the Ministry of Planning and Investment as prescribed in point b, Clause 2 of Article 5 of the Decree No. 111/2006/NĐ-CP for publication on the database of training institutions for tendering, including the following contents:

a) Information about the training institution including: full name, abbreviated name, English name (if applicable), address, contact phone number, fax, email, and website (if applicable);

b) A certified copy of the Business Registration Certificate or Establishment Decision of the training institution;

c) Capacity and experience in organizing general training courses and tendering training courses in the last three years, such as the number of courses, duration, and average number of participants per course.

For training institutions with a Business Registration Certificate or Establishment Decision issued before the effective date of these Regulations, they must provide the above information within a maximum period of thirty days from the effective date of these Regulations. For training institutions with a Business Registration Certificate or Establishment Decision issued after the effective date of these Regulations, they must provide the above information within a maximum period of thirty days from the date of operation.

3. Retain records after each course for inspection and supervision by competent state agencies, including:

a) List of participants, list of certificate holders for each course, examination results confirmed by instructors and the training institution;

b) List of instructors participating in teaching for each course including: name, age, address, workplace.

4. Be subject to handling according to Article 75 of the Law on Tendering and Chapter IX of the Decree No. 111/2006/NĐ-CP when discovered by competent state agencies failing to comply with regulations on tendering training and issuance of certificates.

Article 3. Responsibilities of Lecturers

Lecturers must be responsible for teaching contents that comply with the Bidding Law, the Decree guiding its implementation, and related provisions.

Article 4. Conditions for Issuing Certificates

The conditions for issuing certificates as stipulated in Clause 4, Article 5 of Decree No. 111/2006/NĐ-CP shall be implemented as follows:

1. Participants who attend all courses and achieve a passing grade at the intermediate level or higher shall be issued a certificate.

2. Certificates and certification papers from courses organized from April 1, 2006 to before this Regulation takes effect, which meet the requirements set out in Clause 3 and Clause 4, Article 5 of Decree No. 111/2006/NĐ-CP, and whose training duration complies with the requirements set out in Clause 2, Article 1 of this Regulation, shall be considered valid and meet the requirements for participation certificates in bidding courses under this Regulation.

3. Certificates from courses organized from the date this Regulation takes effect must fully comply with this Regulation.

Article 5. Effective Date

As of July 1, 2007, entities specified in Point a, Clause 1, Article 5 of Decree No. 111/2006/NĐ-CP must have a participation certificate in bidding courses when directly participating in bidding activities.