Circular No. 23/2010/TT-BKH stipulates the qualifications and capabilities of organizations and individuals conducting project investment advisory services.

CIRCULAR

Regulations on the Qualifications of Organizations and Individuals

Providing Consulting Services for Project Appraisal

__________________________

Pursuant to the Law Amending and Supplementing Certain Provisions of Laws Related to Basic Construction Investment No. 38/2009/QH12;

Pursuant to the Investment Law No. 59/2005/QH11;

Pursuant to the Government Decree No. 113/2009/NĐ-CP dated December 15, 2009 on Supervision and Evaluation of Investment;

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

The Ministry of Planning and Investment hereby provides detailed regulations on the qualifications of organizations and individuals providing consulting services for project appraisal as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

2. Applicability:

These Circulars provide detailed regulations on the qualifications of organizations and individuals providing consulting services for project appraisal as stipulated in Clause 4 and Clause 5, Article 7, Government Decree No. 113/2009/NĐ-CP dated December 15, 2009 on Supervision and Evaluation of Investment (hereinafter referred to as Decree 113/CP).

第二条 组织和实施奖励工作的支出水平，如政府第152/2025/NĐ-CP号决定关于分级授权和奖励领域的分权规定

These Circulars apply to domestic and foreign organizations and individuals providing consulting services for project appraisal in Vietnam.

Article 2. Qualifications of Individuals when Providing Consulting Services for Project Appraisal

1. Individuals providing consulting services for project appraisal must meet the qualification requirements as prescribed and be suitable for the nature of each investment project.

2. Individuals providing consulting services for project appraisal must have certificates or diplomas in project appraisal training issued by legitimate training institutions in Vietnam or abroad. This provision shall take effect from September 1, 2011.

3. The qualifications of individuals providing consulting services for project appraisal are classified based on the following criteria:

a) Professional qualifications obtained through education;

b) Experience in providing consulting services for project appraisal or experience in related investment management tasks (project preparation; project appraisal review; project management).

Article 3. Qualifications of Organizations Providing Consulting Services for Project Appraisal

1. Organizations providing consulting services for project appraisal must meet the qualification requirements as stipulated in these Circulars.

2. The qualifications of organizations providing consulting services for project appraisal are classified based on the following criteria:

a) The qualifications of individuals within the organization;

b) Financial capacity, number of employees, equipment (including software support) actually available to the organization or leased by the organization to fulfill the requirements of the work.

Chapter II

QUALIFICATIONS OF ORGANIZATIONS AND INDIVIDUALS

PROVIDING CONSULTING SERVICES FOR PROJECT APPRAISAL

Article 4. Qualifications of Individuals Providing Consulting Services for Project Appraisal

1. The qualifications of individuals providing consulting services for project appraisal are divided into two levels: Level 1 and Level 2.

2. Qualifications of individuals providing consulting services for project appraisal at Level 2:

a) Holding a bachelor's degree or higher;

b) Having participated in investment management-related tasks for a minimum of five years;

c) Meeting one of the following conditions:

- Participating in project appraisal for a minimum of one Group B project;

- Participating in project appraisal for a minimum of two Group C projects;

- Participating in project preparation (Feasibility Study Report) for a minimum of five Group B projects;

- Participating in project preparation (Feasibility Study Report) for a minimum of ten projects;

- Participating in project appraisal review for a minimum of five Group B projects;

- Participating in project appraisal review for a minimum of ten projects;

- Participating in investment management for a minimum of two Group B projects;

- Participating in investment management for a minimum of four projects.

d) Having attended training courses in project appraisal and received a certificate from legitimate project appraisal training institutions in Vietnam or abroad.

3. Qualifications of individuals providing consulting services for project appraisal at Level 1:

a) Holding a bachelor's degree or higher;

b) Having met the criteria for project appraisal consultant level 2 for a minimum of three years or having participated in investment management-related tasks for a minimum of eight years;

c) Meeting one of the following conditions:

- Participating in project appraisal for a minimum of one national key project;

- Participating in project appraisal for a minimum of two Group A projects;

- Participating in project appraisal for a minimum of five Group B projects;

- Participating in project preparation (Feasibility Study Report) for a minimum of one national key project;

- Participating in project preparation (Feasibility Study Report) for a minimum of two Group A projects;

- Participating in project appraisal review for a minimum of one national key project;

- Participating in project appraisal review for a minimum of two Group A projects;

- Participating in investment management for a minimum of one national key project;

- Participating in investment management for a minimum of two Group A projects.

d) Having attended training courses in project appraisal and received a certificate from legitimate project appraisal training institutions in Vietnam or abroad.

4. Scope of Activities:

a) Level 2: Eligible to participate in providing consulting services for project appraisal for Group B and C projects;

b) Level 1: Eligible to participate in providing consulting services for project appraisal for national key projects, Group A, B, and C projects.

Article 5. Conditions for the capacity of the main consultant in project investment evaluation

1. The main consultant in project investment evaluation is divided into two categories: Category 1 and Category 2.

2. Capacity conditions for the main consultant in project investment evaluation category 2:

a) Meeting the conditions for individuals conducting project investment evaluation at category 2 as stipulated in Clause 2, Article 4 of this Circular;

b) Meeting one of the following conditions:

- Meeting the conditions for individuals conducting project investment evaluation at category 1 as stipulated in Clause 3, Article 4 of this Circular;

- Having participated in at least five group B project investment evaluations;

- Having participated in at least ten project investment evaluations;

- Having led the preparation of at least five group B project investment proposals (Feasibility Study Reports);

- Having led the preparation of at least ten project investment proposals (Feasibility Study Reports); - Having led the review and verification of at least five group B projects;

- Having led the review and verification of at least ten projects;

- Having served as Project Management Board Director for at least five years.

3. Capacity conditions for the main consultant in project investment evaluation category 1:

a) Meeting the conditions for individuals conducting project investment evaluation at category 1 as stipulated in Clause 3, Article 4 of this Circular;

b) Meeting one of the following conditions:

- Having participated in at least two national key project investment evaluations;

- Having participated in at least three group A project investment evaluations;

- Having led the preparation of at least five group B project investment proposals;

- Having led the preparation of at least one national key project investment proposal (Feasibility Study Report);

- Having led the preparation of at least two group A project investment proposals (Feasibility Study Report);

- Having led the review and verification of at least one national key project;

- Having led the review and verification of at least two group A projects;

- Having served as Project Management Board Director for group B projects for at least ten years.

4. Scope of Activities:

a) Category 2: Permitted to lead project investment evaluation for group B and C projects;

b) Category 1: Permitted to lead project investment evaluation for national key projects, group A, B, and C projects.

Article 6. Conditions for the capacity of organizations conducting project investment evaluation

1. The capacity of organizations when conducting project investment evaluation activities is divided into two categories as follows:

a) Category 2: Having at least five individuals meeting the conditions for conducting project investment evaluation, including at least one person who has led the evaluation of at least one group B project or two group C projects;

b) Category 1: Having at least five individuals meeting the conditions for conducting project investment evaluation at category 1, including at least one person who has led the evaluation of at least one group A project;

2. Scope of operation for organizations conducting project investment evaluation:

a) Category 2: Permitted to conduct project investment evaluation for group B and C projects;

b) Category 1: Permitted to conduct project investment evaluation for national key projects, group A, B, and C projects.

Chapter III

MANAGEMENT OF PROFESSIONAL TRAINING ACTIVITIESPROJECT EVALUATION

Article 7. Conditions for Training Institutions for Project Investment Evaluation

1. Having legal personality and appropriate functions according to the law;

2. Having at least five instructors meeting the requirements set out in this Circular;

3. Having teaching materials meeting the requirements set out in this Circular.

Article 8. Lecturers and Training Institutions for Project Evaluation

1. Lecturers for Project Evaluation:

Individuals or organizations of individuals wishing to become lecturers for project evaluation shall submit a registration request letter and a competency dossier according to the model to the Ministry of Planning and Investment for consideration to be included in the list of lecturers for project evaluation.

Lecturers for project evaluation must meet the following conditions:

a) Graduated from university or higher;

b) Have at least 8 years of experience in one of the following activities: consulting on project evaluation; preparing, reviewing, auditing projects; state management of investment; drafting legal regulations and guidance documents on project preparation, review, evaluation, and management;

c) Be listed in the registry of lecturers for project evaluation managed by the Ministry of Planning and Investment.

2. Training Institutions for Project Evaluation:

a) Training institutions for project evaluation shall submit a registration dossier to the Ministry of Planning and Investment for consideration to be included in the system of training institutions and issuance of a decision recognizing the status of a Training Institution for Project Evaluation.

The registration dossier includes:

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

- A declaration of the institution's capacity (facilities, personnel, and related materials on training management procedures);

- A registration application form for a training institution and a registration information provision form for a project evaluation training institution according to the model.

b) Time limit for issuing the recognition decision for a Training Institution for Project Evaluation:

- Within three working days from the date of receipt of the registration dossier, the receiving department will conduct a check and examine the validity of the dossier. In case the dossier is not valid, the receiving agency will notify the Training Institution for Project Evaluation with an invalid dossier in writing.

- Within fifteen working days from the date of receipt of a complete and valid dossier, the Ministry of Planning and Investment will issue a decision recognizing the status of a Training Institution for Project Evaluation.

Article 9. Professional Development Program for Project Evaluation

1. Program:

Content: According to the framework program stipulated in this Circular.

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

2. Teaching Materials of the Course:

Teaching materials of the course include textbooks compiled in book form, presentation materials compiled in slide format, and other relevant materials.

Teaching materials must bear the name of the Training Institution for Project Evaluation.

There are two sets of multiple-choice test questions for the professional development program for project evaluation.

Textbooks and presentation materials are compiled by training institutions according to the framework program stipulated in the Appendix of this Circular.

Article 10. Organization of Professional Development for Project Evaluation

1. Training Institutions for Project Evaluation shall implement the provisions on organizing professional development for project evaluation as follows:

a) Announce enrollment, specifying: field of development, requirements for students, program and content of the development course, time, location, cost, and other necessary information;

b) Notify the organization plan (time, location, duration, lecturers) to the Ministry of Planning and Investment and the Provincial Department of Planning and Investment where the course is organized at least ten days before the opening day for monitoring and inspection when necessary. In case there is a change in the plan, the training institution must promptly notify the Ministry of Planning and Investment and the Provincial Department of Planning and Investment;

c) Issue a written decision to organize the course, including the program content, lecturers, time, location, and other necessary information;

d) Disseminate the course rules and provide all teaching materials according to the program to students before the start of the course;

e) Organize the course to ensure the content according to the framework program and the stipulated duration as set out in this Circular. Monitor the attendance time of students in the course;

g) Organize examinations and grade results to issue certificates to students;

h) Send the Decision to issue certificates and the list of students who received certificates, report on the implementation of the changed plan (if any) to the Ministry of Planning and Investment and the Provincial Department of Planning and Investment where the course is organized within no more than seven working days from the end of the course.

2. Courses for professional development in project evaluation that issue certificates must be conducted in a concentrated manner; ensuring sufficient time and content as prescribed by the framework training program.

Article 11. Evaluation of training results and issuance of certificates for project evaluation business training

1. A trainee shall be issued a certificate for project evaluation business training upon meeting the following conditions:

a) Attending at least 90% of the course duration. In cases where a trainee cannot ensure the attendance duration due to valid reasons, the training institution may allow the trainee to retain the attended hours and continue attending another course of the same institution within a maximum retention period of three months from the first day of the previous course.

b) Completing the final examination with a result rated as satisfactory or higher.

2. Final course examination:

a) The examination can be conducted in the form of multiple-choice questions combined with situational problem-solving.

b) The minimum examination time is 45 minutes.

c) Grading criteria for issuing certificates:

Examination score of 90% or more of the total points: Excellent

Examination score between 80% and 89% of the total points: Good

Examination score between 70% and 79% of the total points: Fair

Examination score between 50% and 69% of the total points: Average

Examination score of 49% or less of the total points: Unsatisfactory.

3. The head of the project evaluation training institution is responsible for issuing the certificate for project evaluation business training to trainees who meet the requirements.

4. The project evaluation training institution is responsible for printing and managing the certificate for project evaluation business training. The content, format, and specifications of the certificate are established according to the model set forth in this Circular.

5. The certificate for project evaluation business training is valid for five years from the date of issuance.

Article 12. Reissuance of certificates for project evaluation business training

1. An individual who has been issued a certificate may request the project evaluation training institution to reissue the certificate if the original certificate is still within its validity period but is torn, damaged, or lost.

2. Individuals requesting a reissued certificate must submit an application form. The application form must be accompanied by a photograph and a copy of a valid national identity card. The project evaluation training institution that issued the certificate to the trainee must base the reissuance on the original records. The content of the reissued certificate must match the original certificate.

Article 13. Record Keeping

The project evaluation training institution is responsible for storing records of each course for a minimum of seven years from the last day of the course to serve state agencies' inspection work and the reissuance of certificates to trainees as stipulated in this Circular. Course records include:

1. List and information about trainees, list of trainees awarded certificates along with examination results confirmed by the training institution, and trainee files (including information such as name, date of birth, national identity card number or passport number, occupation, contact address);

2. List of lecturers participating in teaching (including information such as name, date of birth, national identity card number or passport number, occupation, workplace address; lecturer qualification and expertise files).

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

Article 14. Reporting, management, and inspection in project evaluation business training activities

1. By January 15th each year, the project evaluation training institution is required to report on the previous year's project evaluation business training activities to the Ministry of Planning and Investment for consolidation, and simultaneously send reports to the Provincial Department of Planning and Investment (where the main office is located and where the courses were held) for monitoring. The content of the report follows the model attached to this Circular.

2. The Ministry of Planning and Investment is responsible for unified management of project evaluation business training activities, conducting inspections or coordinating with provincial Departments of Planning and Investment and relevant ministries and sectors to inspect project evaluation business training activities and handle violations within their authority against project evaluation training institutions.

3. Ministries, ministerial-level agencies, government agencies, central-level agencies, local authorities, and People's Committees at all levels direct the inspection of project evaluation business training activities within their jurisdiction. For localities, the Provincial Department of Planning and Investment is responsible for assisting the People's Committee of the province or centrally-administered city in organizing inspections of project evaluation business training activities for project evaluation training institutions registered for business and headquartered in their locality.

4. Inspection agencies and units are responsible for handling violations or recommending competent authorities to handle violations according to the law for project evaluation training institutions that violate the law.

Chapter IV

IMPLEMENTATION

Article 15. Responsibilities of the Project Investor

1. Select organizations or individuals to conduct project investment advisory services based on the scale and nature of specific work.

2. Choose organizations or individuals who have the necessary qualifications and capabilities to perform project investment advisory activities in accordance with Decree 113/CP and this Circular, and bear legal responsibility for selecting organizations or individuals without the required qualifications and capabilities, leading to quality issues or incidents causing personal injury or property damage.

3. Regularly inspect, supervise, suspend, or halt work until organizations or individuals meet the capability conditions stipulated in the signed contract, as per Decree 113/CP and this Circular.

4. Other responsibilities as prescribed by law.

Article 16. Responsibilities of Organizations and Individuals when Engaging in Project Investment Advisory Services

1. Only engage in project investment advisory services if they possess the necessary qualifications and capabilities as prescribed.

2. Adhere to standards and criteria for evaluating project investments to ensure quality and effectiveness; organize self-supervision to ensure product quality and compliance with current regulations.

3. Bear responsibility before the project investor and the law for engaging in project investment advisory services without the necessary qualifications and capabilities as prescribed.

4. Other responsibilities as prescribed by law.

Article 17. Responsibilities of Relevant Authorities

1. The Ministry of Planning and Investment shall be responsible for:

a) Guide and inspect the implementation of this Circular.

b) Inspect and handle, or request handling, violations by organizations and individuals engaged in project investment advisory services concerning capability requirements throughout the country.

2. Ministries, sectors, and provincial People's Committees shall be responsible for:

a) Guiding and inspecting the implementation of this Circular for organizations and individuals under their management.

b) The provincial People's Committee shall direct relevant functional agencies to inspect and handle violations by organizations and individuals engaged in project investment advisory services concerning capability requirements within their jurisdiction.

3. Departments of Planning and Investment shall be responsible for:

a) Inspecting the capability conditions of organizations and individuals engaged in project investment advisory services within their jurisdiction in accordance with Decree 113/CP and this Circular.

b) Suspend or halt operations when organizations engaged in project investment advisory services violate the provisions of Decree 113/CP and this Circular.

Article 18. Effective Date

1. This Circular takes effect from January 26, 2011.

2. Ministries, ministerial-level agencies, agencies under the Government; provincial People's Committees; organizations and individuals participating in project investment advisory services and related organizations and individuals shall be responsible for implementing the provisions of this Circular. During implementation, if there are difficulties, they are requested to send comments to the Ministry of Planning and Investment for timely review and adjustment.