Chương XI Nghị định 63/2014/NĐ-CP: Đào tạo, bồi dưỡng về đấu thầu, tổ chức đấu thầu chuyên nghiệp và điều kiện đối với thành viên tổ chuyên gia

Chapter XI

PROVISION OF TRAINING IN BIDDING, PROFESSIONAL BIDDING ORGANIZERS AND REQUIREMENTS FOR MEMBERS OF EXPERT GROUPS

Section 1: PROVISION OF TRAINING IN BIDDING, PROFESSIONAL BIDDING ORGANIZERS AND REQUIREMENTS FOR MEMBERS OF EXPERT GROUPS

Article 107. Application, verification, recognition and disqualification of training centers for bidding

1. Any training center meeting the requirements prescribed in Points a, b and c Clause 1 Article 19 of the Law on Bidding shall submit an application for recognition as a training center for bidding to the Ministry of Planning and Investment.

2. The Ministry of Planning and Investment shall form a Council to verify such application.

3. The training center confirmed by the Council that is satisfies the requirements prescribed in Points a, b and c Clause 1 Article 19 of the Law on Bidding shall be recognized as training center for bidding and published on the national bidding system.

4. A training center for bidding shall be deleted from the national bidding system when it:

a) changes the transaction office without sending any written notification to the Ministry of Planning and Investment within 60 days from such change.

b) employs lecturers that are not listed in the national bidding system to deliver lectures to the bidding training classes;

c) provides training unconformable with the framework programme of bidding;

d) issues Certificates to the persons who do not attending the bidding training classes or persons who do not satisfies all of the requirements prescribed in Clause 1 Article 111 of this Decree;

dd) does not store the documents on the bidding training courses that it offers under the regulation;

e) does not send annual reports or irregular reports at the request of the Ministry of Planning and Investment on its training activities.

Article 108. Provision of training in bidding

1. Any training center for bidding wishing to offer bidding training courses must:

a) be listed in the national bidding system;

b) have classrooms and teaching aids that meet the requirements;

c) have teaching material conformable with the framework programme under the regulations of the Ministry of Planning and Investment attaching the dossiers on tests of fundamental bidding training programme;

d) sign labor contracts or teaching contracts with lecturers in bidding.

2. A bidding training course issuing Certificates must be a fulltime course. There are at most 150 learners in each class. After each course, the Head of the training center shall issue Training certificates of bidding to the qualified learners.

3. After each training course in bidding after which Certificates are issued, the training center shall send the training result attached with a List of learners issued with Certificates to the Ministry of Planning and Investment to be published on the national bidding system.

4. Regarding the courses for the learners living in remote areas or severely disadvantaged areas, the training center can use the adjusted teaching material that is conformable with the peculiar requirements for local bidding but the duration of such courses must follow the framework programme.

Article 109. Requirements for lecturers in bidding

1. Have at least Bachelor's Degrees in law, technology, and economics.

2. Have at least 05 continuous years’ experience in bidding or at least 06 years’ experience in bidding (in case of discontinuity in the duration).

3. Have practice certificates of bidding.

4. Complete the training courses for lecturers in bidding offered by the Ministry of Planning and Investment.

Article 110. Application, assessment, recognition and disqualification of lecturers in bidding

1. Any lecturer meeting all of the regulations in Article 109 of this Decree shall send an application for recognition as lecturer in bidding to the Ministry of Planning and Investment.

2. The Ministry of Planning and Investment shall form a Council to verify such application.

3. The lecturer in bidding confirmed by the Council that (s)he satisfies the requirements prescribed in Article 109 of this Decree shall be recognized as lecturer in bidding and published on the national bidding system .

4. A lecturer in bidding shall:

a) give lectures following the framework programme prescribed by the Ministry of Planning and Investment;

b) sharpen their knowledge and learn the policies if there are new policies;

c) send annual reports or irregular reports at the request of the Ministry of Planning and Investment on their teaching of bidding.

5. A lecturer in bidding shall be deleted from the national bidding system if (s)he:

a) give lectures unconformable with the framework programme prescribed by the Ministry of Planning and Investment;

b) does not learn new knowledge and policies;

c) does not send annual reports or irregular reports at the request of the Ministry of Planning and Investment on their teaching of bidding.

Article 111. Requirements for issuance of Training certificates of bidding and practice certificates of bidding

1. A learner shall be issued with the Training certificate of bidding if (s)he:

a) attends at least 90% of course lectures. If the learner has legitimate excuses for their absence, such learner can continue to take another course offered by the same training center within 03 months from the first day of the previous course;

b) passes the final exam;

c) is capable of civil act and not facing any criminal prosecution.

2. A person shall be issued with the practice certificate of bidding if (s)he:

a) has a certificate of training in bidding;

b) has at least a Bachelor’s degree;

c) is capable of civil acts and not facing any criminal prosecution.

d) has at least continuous 04 years’ experience in works directly related to the bidding or at least 05 years’ experience in bidding (in case of discontinuity in the duration); or directly make or verify the EOI request, invitation for prequalification, invitation for bid, request for proposals; evaluate the EOI response, application for prequalification, bid-envelopes, proposals; verify the evaluation result of EOI response, evaluation result of application for prequalification and the bidding result of at least 05 large-scale contracts or 10 small-scale contracts;

dd) Pass the exam held by the Ministry of Planning and Investment.

3. Each practice certificate of bidding issued by the Ministry of Planning and Investment shall be effective in 05 years from the issuance. If anyone issued with the practice certificate of bidding commits any violation against the law in bidding, their practice certificate shall be revoked depending on the nature and severity of the violations.

Article 112. Responsibilities of the Ministry of Planning and Investment for management of bidding training

1. Create and manage the database of lecturers in bidding, training centers for bidding, persons issued with Training Certificates and practice certificates of bidding.

2. Establish and provide the nationwide framework programme, learning and teaching materials.

3. Give detailed instructions on application, inspection and recognition of bidding training centers and lecturers.

4. Hold examinations to issue the practice certificates of bidding.

5. Provide training and issue Certificates to the lecturers in bidding.

6. Provide the forms for Certificates of lecturers in bidding, training certificates and practice certificates.

7. Issue the Decision on recognition for training centers meeting the requirements prescribed in Points a, b and c Clause 1 Article 19 of the Law on Bidding.

8. Issue Decision on recognition for lecturers meeting requirements prescribed in Article 119 of this Decree.

9. Issue Decision on disqualification of bidding training centers and lecturers committing violations against the regulations in Clause 4 and Clause 5 Article 110 of this Decree.

10. Inspect the compliance of the training centers and lecturers with the regulations of the law on bidding.

11. Summarize the training activities provided by training centers and lecturers according to the Reports on bidding of the Ministries, regulatory authorities and local authorities and Reports of the training centers and lecturers.

Section 2: PROFESSIONAL BIDDING ORGANIZERS

Article 113: Requirements for professional bidding organizations

1. Such organizer must have permits for establishment and operation issued by the competent authorities which allow them to act as bidding agents or bidding consultancy or organizations in charge of bidding.

2. Employ the regulatory bodies meeting the professional requirements to perform the functions and duties as bidding agents, bidding consultancies, or organizations in charge of bidding.

3. Their personnel have professional ethics, honesty and impartiality during their work.

4. They use procedures for management and control of the quality of their work.

Article 114: Consideration, recognition and announcement of professional bidding organizers’ information

1. Any organization meeting all of the requirements prescribed in Article 113 of this Decree shall send an application for recognition as professional bidding organizer to the Ministry of Planning and Investment.

2. The Ministry of Planning and Investment shall form a Council in charge of verifying such application.

3. The organization approved by the verifying Council shall be recognized as a professional bidding organizer and announced in the national bidding system.

Article 115: Operation of professional bidding organizations

1. A professional bidding organizer is allowed to operate after it is announced in the national bidding system.

2. A professional bidding organizer can sign contracts to act as bidding agent or provider of bidding consultancy for investors and procuring entities.

Section 3: EXPERT GROUP

Article 116: Expert group

1. Each expert of such group must have a practice certificate of bidding, except for the persons prescribed in Clause 3 and Clause 4 this Article.

2. An expert group may consist of experts in technology, finance, commerce, administrative affairs, legality and relevant fields depending on the nature and complexities of the contract.

3. Any person other than the persons prescribed in Clause 2 Article 16 of the Law on Bidding wising to participate in the expert group must:

a) have a Training certificate of bidding;

b) work in the field related to the contract;

c) have deep knowledge about the corresponding contents in the contract;

d) have at least 03 years’ experience in the field related to economic and technical contents of the contract.

4. Cases in which the opinions of other experts are needed, such experts are not required to have training certificates of bidding.