Circular No. 04/2019/TT-BKHDT dated January 25, 2019 of the Ministry of Planning and Investment on guidelines for provision of bidding training and examination for bidding practicing certificate

THE MINISTRY OF PLANNING AND INVESTMENT

Circular No. 04/2019/TT-BKHDT datedJanuary 25, 2019 of the Ministry of Planning and Investment onguidelines for provision of bidding training and examination for bidding practicing certificate

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

Pursuant to the Law No. 03/2016/QH14 dated November 22, 2016  on amendment and supplement to Article 6 and Annex 4 on the list of conditional business lines stipulated in the Law on Investment No. 67/2014/QH13;

Pursuant to the Government’s Decree No. 63/2014/ND-CP dated June 26, 2014 on elaboration of some Articles of the Law on Bidding on selection of bidders;

Pursuant to the Government’s Decree No. 86/2017/ND-CP dated July 24, 2017 defining functions, tasks, entitlements and organizational structure of the Ministry of Planning and Investment;

The Minister of Planning and Investment hereby promulgates a Circular on guidelines for provision of bidding training and examination for bidding practicing certificate.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular provides guidelines for provision of bidding training and examination for bidding practicing certificate in accordance with regulations of the Law on Bidding and Government’s Decree No. 63/2014/ND-CP on elaboration of some Articles of the Law on Bidding on selection of bidders.

Article 2. Subjects of application

This Circular applies to organizations and individuals participating in or related to the provision of bidding training and examination for the bidding practicing certificate within the scope specified in Article 1 of this Circular.

Article 3. Forms of bidding training

1. Basic bidding training is provided to individuals participating in selection of preferred bidders and other individuals that wish to receive the training. After completing a training course, learners who pass the final test shall be granted a certificate of basic training in bidding. Those working for bidders are not required to obtain a certificate of basic training in bidding.

2. Refresher training in bidding is provided to individuals that wish to receive the training and includes thematic refresher training and refresher training aimed at broadening knowledge and experience in bidding to serve current job and examination for the bidding practicing certificate and other forms of refresher training in bidding.

Article 4. Retention of documents about examination for bidding practicing certificate, and bidding training documents

1. Regarding documents about examination for the bidding practicing certificate, and bidding training documents

a) Applications for registration for examination shall be stored on the national bidding network system;

b) The Public Procurement Agency affiliated to the Ministry of Planning and Investment shall retain decisions about organization of examinations for the bidding practicing certificate within at least 05 years from the date of issuing such decisions. The decisions include:

- Decision on establishment of examination council; decision on establishment of divisions assisting the examination council;

- Decision on approval for the list of candidates eligible to take the examination;

- Decision on recognition of examination results and re-assessment results (if any);

- Decision on issuance, re-issuance or revocation of the bidding training certificate.

c) The Public Procurement Agency affiliated to the Ministry of Planning and Investment shall retain 01 test enclosed with enclosed with keys and questions and other relevant documents for each examination within at least 03 years from the date of organizing an examination.

2. Regarding documents about basic bidding training:

Every training institution shall retain documents about each basic bidding training course within at least 03 years from the end of the training course. Those documents include:

a) Documents of all learners, including:

- Application form;

- Photocopies of ID cards or Citizen ID cards or passports;

- Attendance sheet.

b) Tests, keys, answer sheets and test results certified by the training institution;

c) Decision on issuance of the certificate of basic training in bidding enclosed with a list of certificate holders;

d) List of lecturers for each training course enclosed with teaching contracts between the training institution and lecturers;

dd) Training documents;

e) Other relevant documents.

Article 5. Fees for examination, issuance or re-issuance of bidding practicing certificate

1. Persons required to pay fees for examination, issuance or re-issuance of the bidding practicing certificate are those wishing to sit an examination or apply for issuance or re-issuance of the bidding practicing certificate.

2. Fees for examination, issuance or re-issuance of the bidding practicing certificate shall be imposed by the Minister of Planning and Investment at the request of the Public Procurement Agency according to current situation and the balance between revenues and expenditures necessary for organization of examinations, issuance or re-issuance of the bidding practicing certificate.

3. Expenditures on organization of examinations, issuance or re-issuance of the bidding practicing certificate shall comply with applicable regulations of the State. Regarding some special expenditures which have not yet been set by a competent authority but which are necessary for performing tasks, the head of the unit assigned to organize examinations for the  bidding practicing certificate is entitled to apply expenditures on corresponding tasks specified in applicable legal documents in accordance with the unit’s regulations on internal expenditure.

4. The state budget must not be used to organize examinations for the bidding practicing certificate.

Chapter II

BASIC BIDDING TRAINING AND ISSUANCE OF CERTIFICATE OF BASIC TRAINING IN BIDDING

Article 6. Contents of training program and training duration

1. The basic bidding training program regarding selection of preferred bidders shall be defined by the training institution and contain all contents according to the framework program mentioned in the Appendix 1 hereof.

According the framework program, the training institution may adjust training contents so that they are relevant to special requirements on bidding applied to each learner. Regarding training courses offered to learners in remote and isolated areas or extremely disadvantaged areas, the training institution is allowed to adjust contents of training documents so that they are relevant to special local requirements on bidding but the training duration must be based on the framework program.

2. Each course on basic bidding training is composed of 24 lessons equivalent to 03 days (each lesson lasts 45 minutes). Regarding contents necessary for learners and unnecessary to learners, the training institution may increase and reduce training duration respectively.

Article 7. Training

According to the training plan and program, every training institution shall provide training according to the program and duration specified in Article 6 of this Circular.

Article 8. Assessment of learner results and issuance of certificate of basic training in bidding

1. Conditions for issuance of the certificate of basic training in bidding:

A learner shall be issued with the certificate of basic training in bidding if he/she:

a) Has full legal capacity and is not incurring criminal prosecution;

b) Attends at least 90% of the course duration In case he/she fails to do so but states legitimate reasons, the training institution shall allow him/her to defer his course and continue the course by taking another course at the same training institution within 03 months from the beginning date of the previous course.

c) Takes a final test with the result classified as “average” or higher.

2. Final test:

a) A final test contains 60 multiple choice questions to be answered in 60 minutes;

b) The test covers knowledge of basic bidding and regulations of law on bidding.

c) The test result is classified to serve the issuance of the certificate of basic training in bidding:

- Test score ≥ 95%: Excellent;

- 85% ≤ test score < 95%: Very good;

- 70% ≤ test score < 85%: Good;

- 50% ≤ test score < 70%: Average;

- Test score < 50%: Failed.

3. Within 07 working days from the end of the training course, the training institution shall issue the certificate of basic training in bidding to learners who have passed the final test according to the Form No. 1 in the Appendix 2 hereof.

Article 9. Publishing lists of learners issued with the certificate of basic training in bidding

Within 10 days from the date of issuing the certificate of basic training in bidding, training institutions shall publish lists of learners issued with the certificate of basic training in bidding on the national bidding network system and send decisions on issuance of the certificate of basic training in bidding enclosed with lists of learners issued with the certificate of basic training in bidding to the Public Procurement Agency affiliated to the Ministry of Planning and Investment.

Article 10. Re-issuance of the certificate of basic training in bidding

1. Holders of the certificate of basic training in bidding may request the training institution to re-issue the certificate in case it is lost, damaged, lost or contains incorrect information.

2. The training institution that issued the certificate of basic training in bidding shall, according to the original application, re-issue the certificate. The re-issued certificate is the same as the original certificate. In case the certificate is re-issued because it contains incorrect information, the training institution shall consider revising information specified in the original application.}

Chapter III

EXAMINATION FOR AND ISSUANCE OF BIDDING PRACTICING CERTIFICATE

Article 11. Bidding practicing certificate

1. The bidding practicing certificate shall be issued to the following individuals when they have to directly perform the tasks specified in Clause 2 Article 16 of the Law on Bidding.

a) Individuals of bidding consultancies; independent bidding consultants;

b) Individuals of professional project management units: they belong to professional project management units that include specialized project management units, and regional project management units prescribed by law on construction or project management units that are established to manage professional projects or manage multiple projects at the same time or waterfall projects;

c) Individuals of central procurement agencies: they belong to central procurement agencies which are established to be in charge of central procurement and recurring procurement;

d) Other individuals.

2. Individuals specified in Points a, b and c Clause 1 of this Article must obtain a bidding practicing certificate when directly performing the following tasks:

a) Prepare EOI requests for expressions of interest (hereinafter referred to as “EOI requests”), prequalification documents, bidding documents and requests for proposals;

b) Evaluate EOI responses, prequalification applications, bid packages and proposals.

3. Bidding practicing certificate includes:

a) Bidding practicing certificate for consulting services;

b) Bidding practicing certificate for non-consulting services, goods procurement and construction;

c) Individuals who pass the examination for the bidding practicing certificate for consulting services, construction, goods procurement and supply of non-consulting services shall be issued with the bidding practicing certificate for consulting services, construction, goods procurement and supply of non-consulting services.

4. The bidding practicing certificate shall be used as follows:

a) Holders of the bidding practicing certificate for consulting services are entitled to engage in selection of bidders for contract packages of supply of consulting services;

b) Holders of the bidding practicing certificate for construction, goods procurement and supply of  non-consulting services are entitled to engage in selection of bidders for contract packages of construction, goods procurement and supply of non-consulting services, contract packages of goods procurement and construction (PC);

c) Holders of the bidding practicing certificate for consulting services, construction, goods procurement and supply of non-consulting services are entitled to engage in selection of bidders for all contract packages.

5. When the practicing certificate is expired, it is required to apply for re-issuance or take an examination if the conditions specified in Article 17 of this Circular are not met.

6. The following individuals are not required to obtain a bidding practicing certificate:

a) Individuals of project management units established to execute each specific project and this project management unit shall be dissolved after closing the project;

b) Regulatory authorities, political organizations, socio-political organizations, social-political-professional organizations, socio-professional organizations, social organizations, units affiliated to People s Armed Force and public service providers’ individuals engaging in the tasks specified in Clause 2 of this Article within their jurisdiction, except for the individuals specified in Clause 1 of this Article.

c) Individuals engaging in the tasks specified in Article 2 of this Article regarding central procurement required on a part-time and occasional basis.

Individuals specified in this Clause are required to obtain the certificate of basic training in bidding when engaging in bidding.

7. In case it is necessary to consult professional experts, these experts are not required to obtain the certificate of basic training in bidding and the bidding practicing certificate.

8. The Ministry of Planning and Investment shall perform uniform management of bidding practicing certificate nationwide and organize the examinations for, issuance, re-issuance and revocation of the bidding practicing certificate.

Article 12. Conditions for issuance of bidding practicing certificate

An individual shall be issued with the bidding practicing certificate if he/she satisfies all of the following conditions:

1. Have the certificate of basic training in bidding;

2. Obtain at least a bachelor’s degree;

3. Have full legal capacity and is not incurring criminal prosecution;

4. Satisfy one of the following conditions:

a) He/she has regularly and continuously engaged in one of the following bidding-related tasks in the last 04 years (by the time of registering for the examination):

- Deliver lectures on bidding;

- Prepare legal documents on bidding;

- Engage in the process of selecting preferred bidders and managing the execution of contract packages within the scope of the Law on Bidding such as preparing and appraising the plan for selection of preferred bidders; preparing and appraising EOI requests, prequalification documents, bidding documents, requests for proposals; evaluating EOI responses, prequalification applications, bid packages and proposals; appraising results of evaluation of EOI responses and prequalification applications, results of selection of preferred bidders; engaging in negotiation and completion of contracts; engaging in project and contract management (commissioning, payment, revision to contracts, etc.);

b) He/she has occasionally and engaged in one of the bidding-related tasks specified in Point a of this Clause in the last 05 years (by the time of registering for the examination).

c) He/she has engaged in preparing and appraising EOI requests, prequalification documents, bidding documents and EOI responses; evaluating EOI responses, prequalification applications, bid packages and proposals; appraising results of evaluation of EOI responses and prequalification applications, results of selection of preferred bidders for at least 05 big contract packages (contract package of supply of non-consulting services and goods procurement with a value of more than VND 10 billion; contract package of construction and mixed contract package with a value of more than VND 20 billion) or 10 small contract packages. Contract packages for supply of complicated and simple consulting services are equivalent to large and small contract packages respectively.

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

Article 13. Registration for examination

1. Any individual wishes to take an examination for the bidding practicing certificate shall register for it through the national bidding network system.

2. The Public Procurement Agency shall provide and publish instructions on registration for and submission of applications for registration for examination on the national bidding network system. Individuals are only allowed to take an examination after successfully applying for registration and paying all examination fees as prescribed.

3. If, in an examination, the candidate only passes one of the two subjects in an examination, the passing score shall be deferred within 12 months from the date of issuing the decision on recognition of examination results. During the retention period, the candidate may register for re-examination in the subject in which the candidate previously failed to pass. As the retention period ends, the passing score is no longer valid.

The candidate who failed in one of the two subjects in the examination for the bidding practicing certificate for consulting services or construction, goods procurement and supply of non-consulting services may register for re-examination in the subject in which he/she previously failed to pass. If the candidate passes the subject in the re-examination, he/she shall be issued with the bidding practicing certificate for supply of consulting services and non-consulting services, construction, and goods procurement.

Article 14. Organization of examinations

1. The council for issuance of the bidding practicing certificate shall be established by the Minister of Planning and Investment.

2. The Ministry of Planning and Investment shall assign the Public Procurement Agency to take charge and cooperate with relevant units in organizing examinations to ensure that the demand for the bidding practicing certificate is promptly satisfied. The council president shall use the seal of the Public Procurement Agency upon making transactions with relevant organizations and individuals in the process of organizing examinations and performing other relevant activities. The Public Procurement Agency shall:

a) Make regulations on examination and submit them to the Minister of Planning and Investment for approval;

b) Decide to establish assistance boards/teams;

c) Design exam questions;

d) Decide to recognize results of examinations for the bidding training certificate; decide to issue, re-issue and revoke the bidding training certificate;

dd) Perform other relevant tasks.

Article 15. Forms and contents of examinations

1. Forms of examination: writing test to be taken within 120 minutes and multiple-choice test to be taken within 60 minutes.

2. A test covers:

a) Questions about knowledge related to general law concerning bidding;

b) Questions about knowledge related to regulations of the law on bidding;

c) Questions about knowledge and case study related to bidding;

d) Questions about knowledge related to each field that is covered by the bidding practicing certificate applied for.

Article 16. Issuance of the bidding practicing certificate

Within 15 days from the date of publishing examination results or re-assessment results, individuals satisfying the conditions specified in Article 13 of this Circular shall be issued with the bidding practicing certificate according to the Form No. 02 in the Appendix 2 of this Circular.

Article 17. Re-issuance of the bidding practicing certificate

1. The bidding practicing certificate shall be re-issued in the following cases:

a) The issued bidding practicing certificate is still effective but torn, damaged or lost or contains incorrect information;

b) The issued bidding practicing certificate expires and the applicant for re-issuance of the practicing certificate satisfies one of the following conditions:

- During the period he/she practices bidding according to the previously issued certificate, he/she has directly engaged in preparing and appraising EOI requests, prequalification documents, bidding documents and EOI responses, evaluating EOI responses, prequalification applications, bid packages and proposals, and appraising results of EOI, prequalification and selection of preferred bidders for at least 05 large contract packages or 10 small contract packages. Contract packages for supply of complicated and simple consulting services are equivalent to large and small contract packages respectively.

- During the period he/she practices bidding according to the previously issued certificate, he/she has directly engaged in teaching at least 10 basic bidding training courses or joining the board or team in charge of drafting legislative documents on bidding.

c) The certificate revocation period ends according to decision issued by a competent authority.

2. An application for re-issuance of the bidding practicing certificate includes:

a) An application form (Form No. 3 in the Appendix 2 hereof);

b) The issued bidding practicing certificate in case it is still effective but torn, damaged or lost or contains incorrect information;

c) Regarding the case in which the certificate expires: a list of activities directly related to the preparation and appraisal of EOI requests, prequalification documents, bidding documents and EOI responses, evaluation of EOI responses, prequalification applications, bid packages and proposals, appraisal of results of EOI, prequalification and selection of preferred bidders, preparation of legislative documents on bidding and provision of training in bidding during the effective period of the issued certificate.

Chapter IV

RESPONSIBILITIES OF PARTIES INVOLVED IN BIDDING TRAINING

Article 18. Responsibilities of bidding training institutions

1. Only organize training courses when satisfying all conditions as prescribed by the law on bidding.

2. Prepare training documents and tests in conformity with the framework program specified in the Appendix 1 hereof.

3. Publish lists of learners issued with the certificate of basic training in bidding as prescribed in Article 9 of this Circular.

4. Before December 31, submit an annual report on bidding training to the Ministry of Planning and Investment. The report shall be prepared using the Form No. 5 in the Appendix 2 hereof and a report in word format shall be sent to [email protected].

Article 19. Responsibilities of bidding lecturers

1. Deliver lectures according to the framework program prescribed in the Appendix 1 hereof.

2. Regularly update knowledge, policies and laws on bidding and other relevant laws.

3. Before December 31, submit an annual report on delivery of lectures on bidding to the Ministry of Planning and Investment. The report shall be prepared using the Form No. 6 in the Appendix 2 hereof and a report in word format shall be sent to [email protected].

Article 20. Issuance of holders of bidding practicing certificate

1. Practice bidding in the field covered by the bidding practicing certificate.

2. Update knowledge, policies and laws on bidding.

3. Comply with regulations of the law on bidding and other regulations of law during bidding practice.

4. Submit reports on bidding practice at the request of regulatory authorities and other competent authorities.

Article 21. Issuance of holders of certificate of basic training in bidding

1. Update knowledge, policies and laws on bidding.

2. Comply with regulations of the law on bidding and other relevant regulations of law during the process of carrying out bidding activities.

Chapter V

IMPLEMENTATION CLAUSE

Article 22. Guidelines for implementation

1. The certificate of basic training in bidding issued by training institutions published by the Ministry of Planning and Investment on the national bidding network system as prescribed in the Circular No. 10/2010/TT-BKH dated May 13, 2010 shall remain effective and equivalent to the certificate of basic training in bidding prescribed in this Circular.

2. Any enterprise or unit that wishes to publish information about bidding training institutions on the national bidding network system shall submit an application prescribed in the Appendix 3 hereof to the Public Procurement Agency affiliated to the Ministry of Planning and Investment for consideration.

Article 23. Implementation

1. This Circular takes effect on March 11, 2019 and replaces the Circular No. 03/2016/TT-BKHDT dated May 05, 2016 of the Ministry of Planning and Investment.

2. Ministries, ministerial agencies, Governmental agencies, other central government agencies, People’s Committees at all levels and relevant organizations and individuals are responsible for the implementation of this Circular. Difficulties that arise during the implementation of this Circular should be promptly reported to the Ministry of Planning and Investment./.

The Minister

Nguyen Chi Dung