Thông tư 02/2024/TT-BKHĐT quy định về hoạt động đào tạo, bồi dưỡng kiến thức và thi, cấp, thu hồi chứng chỉ nghiệp vụ chuyên môn về đấu thầu do Bộ trưởng Bộ Kế hoạch và Đầu tư ban hành

CIRCULAR

ON TRAINING AND REFRESHER TRAINING IN BIDDING, EXAMINATION, ISSUANCE, AND REVOCATION OF BIDDING PROFESSIONAL CERTIFICATES

Pursuant to the Law on Bidding dated June 23, 2023;

Pursuant to Decree No. 60/2021/ND-CP dated June 21, 2021 of the Government on financial autonomy mechanism of public sector entities;

Pursuant to Government’s Decree No. 35/2021/ND-CP dated March 29, 2021 on elaboration of and guidelines for the Law on Investment under Public-Private Partnerships;

Pursuant to Government's Decree No. 89/2022/ND-CP dated October 28, 2022 on functions, tasks, powers and organizational structure of the Ministry of Planning and Investment;

Pursuant to Decree No. 23/2024/ND-CP dated February 27, 2024 of the Government on elaboration of and measures for implementation of the Law on Bidding on selection of investors to execute projects subject to bidding organization in accordance with special laws;

Pursuant to Decree No. 24/2024/ND-CP dated February 27, 2024 of the Government on elaboration of and guidelines for the Bidding Law regarding contractor selection;

The Minister of Planning and Investment promulgates a Circular on training and refresher training in bidding, examination, issuance, and revocation of bidding professional certificates.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Circular provides for training, refresher training, and update of knowledge and skills in bidding (hereinafter referred to as bidding training and refresher training); bidding examination administration, initial issuance, re-issuance, renewal, and revocation of bidding professional certificates regarding contractor selection and investor selection as per the Bidding Law.

Article 2. Regulated entities

This Circular applies to organizations and individuals participating in or related to bidding training and refresher training, and examination, issuance, and revocation of bidding professional certificates specified in Article 1 of this Circular.

Article 3. Interpretation of terms

1. “bidding professional certificate” is a certificate issued by the authority specified in Clause 1, Article 9 of this Circular to an individual who takes an examination and passes the examination specified in Clause 3, Article 20 of this Circular.

2. “examination and issuance fee” includes the examination fee and the fee for initial issuance, re-issuance, or renewal of a bidding professional certificate.

3. “the system for management of issuance of bidding professional certificates” (hereinafter referred to as the System) is the information technology system located at https://chungchidauthau.mpi.gov.vn that performs the following functions:

a) Post information related to examination administration, issuance and revocation of bidding professional certificates;

b) Receive and respond to information on applications for examination, or applications for initial issuance, re-issuance, or renewal of bidding professional certificates;

c) Administer online bidding examinations;

d) Manage a database of individuals who have their bidding professional certificates initially issued, re-issued, renewed, or revoked;

dd) Manage a database of agencies that administer examinations, issue and revoke bidding professional certificates;

e) Other related functions.

4. “Manual” is an electronic document posted on the System to guide users in using features on the System.

5. ”System participants” are agencies that register to participate in the System to perform one or more activities as follows:

a) Receive and check applications for initial issuance, re-issuance, or renewal of bidding professional certificates;

b) Administer bidding examinations;

c) Issue or revoke bidding professional certificates.

6. “System account” is an account issued to a System participant to perform one or several activities specified in Clause 5 of this Article.

7. “functional account” is an account created by a System account to perform assigned tasks on the System.

8. “online examination” is a form of examination in which candidates take the examination on a computer through the examination software of the System.

9. “Bidding Support Center” (hereinafter referred to as the Center) is a public sector entity under the Bidding Management Department affiliated to Ministry of Planning and Investment with the task of building, managing, operating, maintaining, and upgrading the System.

Article 4. Registration to join the System and process applications

1. System participants register on the System.  The application is specified in Form No. 01, Form No. 02, Appendix 03 of this Circular. The registration process follows the Manual.

2. Addition or modification of information registered on the System:

Modification of information registered on the System (including adding activities to System accounts) is done according to the Manual.

3. Termination or suspension of participation in the System:

The System terminates or suspends the operation of a System account in one of the following cases:

a) In case the System participant requests to suspend all or some operations of the System account, follow the Manual;

b) In case the agency that administers the bidding examination (hereinafter referred to as examination administering agency) fails to pay the required fee as prescribed in Clause 2, Article 29 of this Circular, the System will temporarily stop the administration of bidding examinations of the corresponding System account;

c) If the System participant has dissolved or ceased its operations as per the law, the System will update the termination status of the corresponding System account.

4. Revalidation of System accounts:

Revalidation of System accounts after suspension or termination as prescribed in Clause 3 of this Article is carried out according to the Manual.

5. Process and time limit for processing documentation:

The Center shall process the documentation specified in Clause 1, Clause 2, Points a and b, Clause 3 and Clause 4 of this Article within 2 working days of receiving the requests on the System, and also notify processing results to System participants via notice boards on the System, e-mails, mobile applications or other information channels and receive detailed instructions in the Manual.

Chapter II

BIDDING TRAINING AND REFRESHER TRAINING

Article 5. Regulated entities of bidding training and refresher training

Those who engage in bidding have to stay up-to-date on bidding practices and regulations by self-directed learning or attending training and refresher training courses provided by ministries, agencies, local governments, businesses, or training institutions.

Article 6. Program content and forms of bidding training and refresher training

1. Content of training and refresher training program:

a) The content of training and refresher training program regarding contractor selection or investor selection is prescribed by ministries, agencies, local governments, businesses, or training institutions on the basis of reference to the contents according to the Framework Program specified in Appendix 1 issued with this Circular to ensure compliance with the requirements of each type of student;

b) The duration of each training and refresher training course is determined by the ministry, agency, local government, business, or training institution to meet the purposes and requirements of the training and refresher course.

2. Training and refresher training activities are delivered through the following modes: in-person training, hybrid training, or distance learning.

Chapter III

EXAMINATION ADMINISTRATION, ISSUANCE AND REVOCATION OF BIDDING PROFESSIONAL CERTIFICATES

Section 1. ISSUANCE AND REVOCATION OF BIDDING PROFESSIONAL CERTIFICATES

Article 7. Issuance of bidding professional certificates

1. Bidding professional certificates are issued to the following categories of individuals:

a) Individuals participating in expert teams and appraisal teams in bidding to select contractors in accordance with Article 19 of the Bidding Law and Article 19 of Decree No. 24/2024/ND-CP dated February 27, 2020 2024 of the Government on elaboration of and guidelines for the Bidding Law;

b) Individuals participating in expert teams and appraisal teams in bidding to select investors for business investment projects as prescribed in Clause 3, Article 1 of Decree No. 23/2024/ND-CP dated January 27 02/2024 of the Government on elaboration of and guidelines for the Bidding Law regarding investor selection to execute projects subject to bidding organization in accordance with special laws;

c) Individuals participating in expert teams in bidding to select investors for investment projects according to the public-private partnership method specified in Article 33 of Decree No. 35/2021/ND-CP dated March 29, 2021 2021 of the Government on elaboration of and guidelines for the Investment Law according to the public-private partnership method.

2. A bidding professional certificate is issued in one or more of the following cases:

a) The certificate is initially issued if the holder meets all the following conditions: the holder has active legal capacity; the holder has not faced any criminal prosecution; and the holder has passed the bidding examination in accordance with this Circular;

b) The certificate is re-issued if the old unexpired certificate is lost or damaged, or misstated;

c) The certificate is renewed if the old certificate expires as prescribed in Clause 1, Article 8 of this Circular.  Individuals apply for renewal of certificates on the System at least 15 days before the certificate's expiration date.  After this deadline, individuals cannot apply for renewal of certificates and have to retake the examination and apply for new certificates in accordance with Point a of this Clause if needed.

Article 8. Validity and specifications of bidding professional certificates

1. A bidding professional certificate is valid for a period of 5 years from the date it is initially issued or renewed.  When re-issuing a certificate, the validity period of the new certificate shall coincide with the former certificate.

2. The bidding professional certificate has the specifications and content according to Appendix 2 issued with this Circular.

Article 9. Agencies that administer examinations, issue or revoke bidding professional certificates

1. Agencies that issue or revoke bidding professional certificates (hereinafter referred to as issuing authorities):

a) Bidding Management Department under the Ministry of Planning and Investment;

b) Departments of Planning and Investment of provinces or centrally affiliated cities.

2. The issuing authorities specified in Clause 1 of this Article shall assign their affiliated public sector entities to receive and check the applications for examination and initial issuance of certificates, applications for re-issuance or renewal of bidding professional certificate and administer bidding examinations.

Article 10. Revocation of bidding professional certificates

1. Members of expert teams or appraisal teams will have their bidding professional certificates revoked if they face penalties due to their violations specific in Clause 9, Article 125 of Decree No. 24 /2024/ND-CP dated February 27, 2024 of the Government on elaboration of and guidelines for the Bidding Law regarding contractor selection.

2. Revocation of bidding professional certificates:

a) Within 5 working days after the date of decision on revocation of the bidding professional certificate, the issuing authority shall send the revocation decision to the individual subject to certificate revocation and post the information on the System, VNEPS;

b) The individual subject to certificate revocation must return the original certificate to the authority that issued the revocation decision within 5 working days of receiving the revocation decision. If the individual subject to certificate revocation fails to return the certificate, the issuing authority shall cancel the bidding professional certificate, send a notice to that individual, and post information on the System, VNEPS, and send information to the Bidding Management Department affiliated to Ministry of Planning and Investment for consolidation and monitoring;

c) The certificate status of the individual subject to certificate revocation in the database on the System is displayed as "certificate revoked".

3. The individual subject to certificate revocation may take an examination for a new certificate at least 2 years after the date of certificate revocation.

Section 2. QUESTION BANK AND EXAMINATION PAPER SETTING COUNCIL, EXAMINATION COUNCIL, AND EXAMINATION COUNCIL’S ASSISTANCE BOARDS

Article 11. The Question Bank and Examination Paper Setting Council in bidding

1. The Question Bank and Examination Paper Setting Council shall be established by the Department of Bidding Management affiliated to Ministry of Planning and Investment.

2. The Question Bank and Examination Paper Setting Council is composed of the President of the Council who is the leader of the Bidding Management Department; Deputy Presidents of the Council, and members.

3. Duties and powers of the Question Bank and Examination Paper Setting Council:

a) Set a question bank and examination papers;

b) Import the question bank and set up the examination structure on the System;

c) Keep confidentiality of examination papers;

d) Perform other related tasks as requested by the Director of the Bidding Management Department.

4. Question bank and examination papers:

a) Question bank is a collection of multiple choice questions. The question bank must contain accurate and scientifically sound content; each question has a detailed answer and scoring scale; the question bank is securely stored to maintain confidentiality of its content;

b) Examination papers are generated by randomly selecting and arranging questions from the question bank for each exam period; examination papers are secured on the System and automatically sent randomly to each candidate's computer before examination time.

Article 12. Bidding Professional Examination Council

1. The Bidding Professional Examination Council is established by the decision of the head of the examination administering agency. The President of the Examination Council shall use the seal of the examination administering agency when dealing with relevant organizations and individuals during the examination administration process and other related activities.

2. Composition of the Bidding Professional Examination Council:

a) The President of the Examination Council, who is the leader of the examination administering agency;

b) Members.

3. The Examination Council is responsible for performing the following tasks:

a) Develop plans to administer examination periods;

b) Request the leader of the examination administering agency to establish Assistance Boards for the Examination Council, including: Secretary - Supervision Board, Invigilation - Support Board;

c) Administer examinations;

d) Consolidate and report examination results;

dd) Resolve petitions related to the examination period;

e) Review examination administration;

g) Perform other related tasks.

4. Working regime of the Examination Council:

a) The Examination Council works according to the principle of collective leadership. The Examination Council makes decisions by majority vote, requiring over 50% approval from its members;

b) The Examination Council convenes meetings at the direction of its President. Meeting minutes are kept on file in accordance with established regulations.

Article 13. Duties and powers of the Examination Council's Assistance Boards

1. Duties and powers of the Supervisory - Supervision Board:

a) Secretary Board:  prepare necessary documents for the Examination Council; consolidate and report examination results to the Examination Council; synthesize petitions, complaints, and denunciations related to the examination to report to the Examination Council for consideration and resolution; perform other related tasks at the request of the President of the Examination Council;

b) Supervision Board:  supervise all work during the examination administration; report and propose to the President of the Examination Council to take actions against malpractice/maladministration committed by members of the Examination Council's Assistance Boards; perform other related tasks at the request of the President of the Examination Council;

c) Members of the Secretary - Supervision Board are not allowed to participate in the Invigilation - Support Board.

2. Duties and powers of the Invigilation - Support Board:

a) Invigilation Board: develops examination invigilation plans, assign invigilators and carry out invigilation according to established examination regulations; notify the Head of the Invigilation - Support Board to consider and report to the President of Examination Council to decide on suspension of any invigilators or candidates who commit malpractice/maladministration; arrange room invigilators to ensure supervision and management of the entire test-taking process of candidates, ensure at least one invigilator is present in each examination room; perform other related tasks at the request of the President of the Examination Council;

b) Support Board: take charge and cooperate with relevant Assistance Boards to synthesize and develop an examination administration plan, report the plan to the President of Examination Council to forward it to the leader of the examination administering agency for consideration and decision; perform support tasks for the examination including:  examination location; equipment; stationery; transportation for members of the Examination Council and members of the Examination Council's Assistance Boards; post information about exam periods and examination results to the System according to established regulations; perform other related tasks at the request of the President of the Examination Council;

c) Members of the Invigilation – Support Board are not allowed to participate in the Secretary - Supervision Board.

3. Upon fulfilling their responsibilities for each examination period, the Examination Council's Assistance Boards will automatically disband or may reconvene for the next examination periods if there are no changes or adjustments, addition of personnel.

Section 3. ADMINISTRATION OF BIDDING EXAMINATIONS

Article 14. Requirements for examination administration

1. Conditions for the examination administering agency:

a) It is an agency specified in Clause 2, Article 9 of this Circular;

b) It has applied for administration of bidding examinations specified in Clause 2 of this Article;

c) It possesses the necessary capacities and resources to administer bidding examinations specified in Article 12, Article 13 and Clause 3 of this Article.

2. Procedures for application for administration of bidding examinations:

a) The agency specified in Clause 2, Article 9 of this Circular shall apply for administration of bidding examinations according to the Manual;

b) Within 20 days of receiving a complete and valid application, the Bidding Management Department affiliated to Ministry of Planning and Investment shall post a list of agencies eligible to administer bidding examinations on the System.

3. The examination administering agency shall arrange a location to administer the examinations that meets the following facilities conditions:

a) The examination location must have a minimum area that can accommodate tables, chairs and at least 50 computers;

b) The computer system must be in stable working condition, connected to the local area network (LAN), and have an active internet connection. The internet connection must provide sufficient bandwidth to support the number of computers in the examination area. This ensures a stable connection and avoids disruptions while candidates are taking the examination;

c) Surveillance camera system: equipped with surveillance cameras with a minimum resolution of 1920 x 1080 (1080P) to monitor the entire examination area and must retain recordings for at least 30 days after the exam date.

d) Printers: at least one printer shall be arranged to print examination result cards and one backup printer for use in case of need.

Article 15. Examination administration plan and examination period opening on the System

1. The examination administration plan developed on the System by the examination administering agency ensures that no more than one examination period is administered per month, except for unexpected cases. Each examination period must have at least 50 registered candidates.

2. The examination administering agency sends the examination administration plan quarterly or annually on the System. The Bidding Management Department affiliated to Ministry of Planning and Investment will approve the examination administration plan within 7 working days of receiving the request sent on the System.

3. The examination administration plan must be posted on the System at least 30 days before the first examination period is conducted.

4.  The responsibilities of the examination administering agency:

a) Open the examination period on the System using their issued System account according to the schedule specified in the approved examination plan;

b) Receive and check examination applications, approve the list of eligible candidates, and assign eligible candidates to examination rooms on the System;

c) Prepare the examination area that meets the conditions prescribed in Clause 3, Article 14 of this Circular.

Article 16. Examination administration preparation

1. The expected time to administer the examination and examination fee will be announced on the System at least 30 days before the expected examination date.

2. At least 10 days before the examination date, the list of eligible candidates and the examination attendance notice are posted on the System, and the System also automatically sends emails announcing the examination attendance notice to the eligible candidates.

3. At least 3 days before the examination date, the list of examination rooms (with full name of candidates taking the examination, registration numbers, examination location, examination room number) is posted on the System.

4. At least 1 day before the examination date, the Examination Council will post the list of candidates by registration numbers and by examination rooms at the examination location.

5. At least 1 day before the examination date, the Invigilation - Support Board must complete the preparations for the examination period as follows:

a) Prepare forms of minutes and documents related to the examination administration process;

b) Prepare cards for members of the Examination Council, Invigilation - Support Board, Secretary - Supervision Board;

c) Prepare documents and perform other related tasks.

Article 17. Applications for examination and issuance of bidding professional certificates

1. Any individual seeking a bidding professional certificate will send their examination application on the System to the examination administering agency mentioned in the public list on the System as prescribed in Point b, Clause 2, Article 14 of this Circular.

2. An individual will be included in the list of eligible candidates if they have successfully applied for the examination and fully paid the examination fee as prescribed in Clause 1, Article 28 of this Circular.

3. Application for examination and issuance of certificate include:

a) Examination application form using Form No. 03, Appendix 03 issued with this Circular;

b) 1 color photo (taken within the last 6 months), 3cm x 4cm in size, front-facing view, bare head, clear face and ears, no glasses, polite clothes (attach the photo file to the examination application on the System);

4. Application for re-issuance of certificate includes:

a) Application form for re-issuance of bidding professional certificate using form No. 04, Appendix 03 issued with this Circular;

b) 1 color photo (taken within the last 6 months), 3cm x 4cm in size, front-facing view, bare head, clear face and ears, no glasses, polite clothes (attach the photo file to the application for re-issuance on the System);

c) The original unexpired bidding professional certificate that is damaged or misstated. In case of a lost bidding professional certificate, the applicant must submit a written commitment for re-issuance (attach a color photo file taken from the original bidding professional certificate or the commitment to the application for re-issuance on the System).

5. Application for renewal of certificate includes:

a) Application form for renewal of bidding professional certificate using form No. 05 Appendix 03 issued with this Circular;

b) 1 color photo (taken within the last 6 months), 3cm x 4cm in size, front-facing view, bare head, clear face and ears, no glasses, polite clothes (attach the photo file to the application for renewal on the System).

Article 18. Format and content of online examination

1. Examination format: multiple-choice examination with a duration of up to 90 minutes.

2. Content of an examination paper:

a) Questions related to each specific bidding field;

b) Questions about legal knowledge related to bidding activities;

c) Questions about in-depth knowledge about regulations of bidding law;

d) Knowledge questions and case study exercises in bidding.

Article 19. Completion of examination and handover of examination score list

1. At the end of the examination, the room invigilator hands over the score list, the answer sheet submission list signed by candidates and all related documents to the representative of the Invigilation - Support Board.

2. The Head of the Invigilation - Support Board compiles and hands over the list and related documents to the Head of the Secretary - Supervision Board no later than 2 working days from the end of the examination period.

Article 20. Examination marking and announcement of examination results

1. Online examination function on the System automatically scores candidates' answer sheets according to examination papers and corresponding answers.

2. The answer sheet score must be clearly recorded in numerical form on the designated marking section within the System.

3. Results of classification of bidding professional certificates:

a) Excellent: for answer sheets with results greater than 90% of the total score or more;

b) Very good: for answer sheets with results greater than 80% of the total score;

c) Good: for answer sheets with results greater than 60% of the total score;

d) Average: for answer sheets with results from 50% to less than 60% of the total score;

dd) Failed: for answer sheets with results of less than 50% of the total score;

4. The Secretary - Supervision Board consolidates the examination results and reports to the President of Examination Council.

5. Based on the examination results compiled by the Examination Council, the examination administering agency shall request the issuing authority to issue a decision on recognition of the examination results. The issuing authority shall make public the decision on recognition of examination results on the System within 5 working days from the date of issuance.

Article 21. Resolving petitions during the examination process

1. If a candidate believes their legal rights or interests have been infringed upon during the examination process, they should submit a petition to the Examination Council.

2. The Examination Council shall consider resolving it within 15 days of receiving the petition. In case the petition fails to contain the signature or stamp (if any) of the petitioner or the content of the petition is untrue, the Examination Council will not consider resolving it.

Article 22. Time limit for issuance of bidding professional certificates

1. Within 3 working days of issuing the decision on recognition of examination results, the examination administering agency shall request the issuing authority to issue a bidding processional certificate.

Within 5 working days of receiving afore-mentioned request, the issuing authority shall issue a decision on issuance of a bidding processional certificate.

The issuing authority shall make public the decision on issuance of certificate on the System within 5 working days from the date of issuance.

2. The bidding processional certificate will be initially issued within 15 working days from the date of decision on issuance of certificate.

3. The bidding processional certificate will be re-issued within 7 working days from the date of decision on re-issuance of certificate.

4. The bidding processional certificate will be renewed within 7 working days from the date of decision on renewal of certificate.

Article 23. Maintenance of bidding professional certificate issuance records

1. Applications for examination, applications for re-issuance or renewal of bidding professional certificates are maintained on the System.

2. The examination administering agency shall maintain decisions related to the administration of the examination for at least 5 years from the issuance dates, including:

a) Decision on establishment of the Examination Council; decision on establishment of Examination Council’s Assistance Boards;

b) Decision on approval for the list of eligible candidates;

c) Other documents related to the examination administration.

3. The issuing authorities shall maintain decisions related to issuance and revocation of certificates for at least 5 years from the issuance dates, including:

a) Decision on recognition of examination results;

b) Decide on initial issuance, re-issuance, renewal, and revocation of bidding professional certificates.

4. The set of examination papers with answer keys and candidates’ answer sheets for each examination period shall be maintained on the System.

Section 4. REQUIREMENTS FOR EXAMINATION PARTICIPANTS

Article 24. Requirements for examination officers and candidates

1. Based on assigned functions and tasks, members of the Question Bank and Examination Paper Setting Council, the Examination Council and members of the Examination Council's Assistance Boards are not allowed to perform the following acts:

a) Allow candidates to bring and use items and equipment specified in Point d, Clause 2 of this Article;

b) Write the answers for candidates or instruct candidates to answer during the examination;

c) Leak out examination papers; buy or sell examination papers;

d) Make alternation, interlineations or omission in candidates’ answer sheets on the System;

dd) Facilitate or condone cheating among exam candidates;

e) Other acts that change the results of candidates’ answer sheets or examination period.

Members of the Question Bank and Examination Paper Setting Council, the Examination Council and members of the Examination Council's Assistance Boards who commit any malpractice/maladministration specified in this Circular with sufficient evidence will face the consequences as per the law.

2. A candidate is not allowed to perform the following acts:

a) Share information or documents with other candidates during the examination;

b) Deliberately take a seat not assigned to their registration number;

c) Look at, copy other candidates’ answers, or engage any form of cheating during the examination;

d) Bring weapons, explosives, flammable materials, communication devices, recording devices, information storage devices, or other dangerous items into the examination area or examination room;

dd) Distribute examination papers out or receive examination answers from outside sources in any form;

e) Engage in disruptive behavior, threatening or assaulting exam officers or other candidates;

g) Have someone else take the exam or write answers for someone else in any form;

h) Sabotage the examination in any way;

i) Other acts that change the results of candidates’ answer sheets or examination period.

Article 25. Penalties for violations against regulations during the examination period

1. A candidate who commits a violation against the regulations will have their violation documented in a report and be disciplined in any of the following forms depending on the violation’s severity:

a) Verbal warning: issued to a candidate who commits a first-time violation of the regulations outlined in point a, clause 2, Article 24 of this Circular;

b) Reprimand: issued to a candidate who has received a verbal warning for a second time or who violates the regulations outlined in Points b and c, Clause 2, Article 24 of this Circular; candidates who receive a reprimand will have 25% of their scores deducted from the corresponding exam paper;

c) Warning: issued to a candidate who has received a reprimand for a second time or who violates the regulations outlined in Point d, Clause 2, Article 24 of this Circular; candidates who receive a warning will have 50% of their scores deducted from the corresponding exam paper;

d) Suspension from examination:  issued to a candidate who has received a warning for a second time or who violates the regulations outlined in Points dd, e, i, Clause 2, Article 24 of this Circular; candidates who are suspended from the examination during the examination will be awarded a score of zero (0) for the corresponding exam paper and must leave the examination room immediately upon receiving the decision;

dd) Candidates who violate Points g and h, Clause 2, Article 24 of this Circular will be suspended from taking the examination and will not be allowed to take any examinations for bidding professional certificates for a period of 2 years from the date of the violation.

2. All disciplinary actions against a candidate must be documented in a written report signed by the room invigilators and communicated to the candidate. In case the candidate refuses to sign the report, the room invigilators must clearly state this in the report.  If there is disagreement among the room invigilators regarding the disciplinary action, their respective opinions must be recorded in the report and submitted to the Head of the Invigilation - Support Board for consideration and report to the President of Examination Council for decision.

3. Disciplinary actions in accordance with points a, b, c Clause 1 of this Article shall be decided by the room invigilators.  In case the candidate disagrees with the disciplinary action imposed by this decision, the room invigilators shall report the matter to the Head of the Invigilation - Support Board for decision.

4. Suspension from examination shall be decided by the President of Examination Council; examination bans shall be decided by the head of examination administering agency at the request of the President of Examination Council.

Chapter IV

PRINCIPLES FOR COLLECTION, DISBURSEMENT, DETAILED EXPENDITURES, COLLECTION AMOUNTS, AND MANAGEMENT, USE OF EXAMINATION AND ISSUANCE FEES

Article 26. Principles for collection and disbursement, management and use of examination and issuance fees

1. Bidding examinations are public administration services that do not use the state budget of the examination administering agency.

2. Individuals who need to apply for examinations and initial issuance, re-issuance, renewal of certificates must pay the examination and issuance fees.

3. The examination administering agency shall collect, manage, and use examination and issuance fees. The amounts of examination and issuance fees and payment methods shall comply with the notice of the examination administering agency. Examination and issuance fees are non-refundable, unless the examination administering agency announces cancellation of the examination.

4. Examination and issuance fees are legal revenue of the examination administering agency in accordance with Clause 3 of this Article and shall be used to cover expenditures on administering the examination and issuing bidding expertise certificates.  In case revenue is greater than expenditure, the examination administering agency may incorporate the surplus funds into the agency’s operational budget for usage as per the agency’s financial regulations.

Article 27. Detailed expenditures for examinations and issuance of bidding professional certificates

1. Detailed expenditures for examinations and issuance of bidding professional certificates:

a) Expenditures on the activities of the Examination Council and the Examination Council's Assistance Boards;

b) Per diem for individuals participating in examination administration;

c) Expenditures on purchasing and renting machinery and equipment (if any); examination location;

d) Expenditures on printing documents, stationery, and communications;

dd) Expenditures on organizing conferences and meetings for examinations and certification;

e) Expenditures on building, upgrading, managing, operating and maintaining the System and expenditures on setting question banks and examination papers;

g) Other expenditures for administration of examinations and issuance of bidding professional certificates (if any).

2. Amounts of the expenditures specified in Clause 1 of this Article comply with the financial spending regime of applicable law and the financial mechanism of the examination administering agency.

Article 28. Amounts of examination and issuance fees

1. The maximum fee for examination and initial issuance of bidding professional certificate is 800,000 VND/candidate/exam period.

2. The fee for re-issuance or renewal of bidding professional certificate is 100,000 VND/instance.

3. No fee shall be charged for reissuing a certificate if the issuing authority misstated the original bidding professional certificate.

4. The fees specified in Clauses 1 and 2 of this Article do not include value-added tax (VAT) payable in accordance with the Law on Value-Added Tax and its guiding documents.  In case it is necessary to adjust the fee amounts specified in Clauses 1 and 2 of this Article to reflect the socio-economic conditions and practical requirements of examination administration, the Bidding Management Department shall submit a proposal to the Minister of Planning and Investment for consideration and decision.

Article 29. Management and use of examination and issuance fees

1. The examination administering agency shall be responsible for developing and issuing regulations on collection and disbursement to manage and use examination and issuance fees in a frugal manner, ensuring the efficiency of the examination and certificate issuance and in accordance with the agency’s financial mechanism as prescribed by law; make final statements of revenue and expenditure in accordance with applicable laws.

2. Within 10 days from the date of the examination, the examination administering agency shall pay the Center 200,000 VND/candidate/examination period (excluding VAT payable in accordance with the Law on Value-Added Tax and its guiding documents) for the Center to manage and use them in accordance with Article 30 of this Circular.

Article 30. Management and use of funds for setting question banks and compensating costs for building, managing, operating, maintaining and upgrading the System

1. The Center shall use the funds collected under Clause 2 of Article 29 of this Circular for the following purposes:

a) To pay for remuneration for setting question banks and examination papers and other expenses related to the setting of question banks and examination papers;

b) To compensate for the costs of building, managing, operating, maintaining, and upgrading the System;

c) To cover the costs of training and guiding users of the System;

d) To cover the costs of receiving and processing applications for participation in the System;

dd) To cover other regular and investment expenses related to the System;

e) To fulfill obligations to the state budget as prescribed (if any).

2. The expenditure amounts for the items specified in Clause 1 of this Article shall comply with the law on financial expenditure regimes applicable to public sector entities, the financial mechanism of the Center and are specified in the Center's internal expenditure regulations.  In case revenue is greater than expenditure, the agency may incorporate the surplus funds into the agency’s operational budget for usage as per the agency’s financial regulations.

3. The difference between revenue and expenditure after transfer to the state budget in accordance with law on corporate income tax (if any) shall be set aside in funds and used according to established regulations on financial autonomy mechanism for with public sector entities in accordance with applicable laws.

4. Accounting and final statements of revenue and expenditure shall be carried out in accordance with applicable laws for public sector entities.

Chapter V

RESPONSIBILITIES OF THE PARTIES IN BIDDING TRAINING AND REFRESHER TRAINING AND EXAMINATION, ISSUANCE, REVOCATION OF BIDDING PROFESSIONAL CERTIFICATES

Article 31. Responsibilities of the Bidding Management Department

1. Approve examination administration plans in a timely manner to meet the needs of individuals participating in bidding activities.

2. Establish Question Bank and Examination Paper Setting Council in bidding.

3. Manage examination administration, issuance and revocation of bidding professional certificates.

4. Perform the responsibilities of issuing authorities as prescribed in Article 34 of this Circular.

Article 32. Responsibilities of the Bidding Support Center

1. Develop, manage, operate, maintain, and upgrade the System to ensure that the System's functions, as specified in Clause 3 of Article 3 of this Circular, operate stably and securely.

2. Collect, manage, and utilize funds to compensate for the costs of building, managing, operating, maintaining, and upgrading the System, and the costs of setting question banks and examination papers as prescribed in Clause 2 of Article 29 and Article 30 of this Circular.

3. Perform other tasks assigned by the Ministry of Planning and Investment and the Bidding Management Department.

Article 33. Responsibilities of providers of bidding training and refresher training courses

1. Develop teaching materials that are appropriate for the target audience of bidding training and refresher training.

2. Select reputable instructors with the appropriate qualifications and experience for the content of bidding training and refresher training.

3. Take full responsibility for organizing training and refresher courses in compliance with this Circular and other relevant laws.

Article 34. Responsibilities of issuing authorities

1. Publish the decision on issuance of bidding expertise certificates along with the list of individuals granted certificates on the System within 5 working days from the date of decision.

2. Before December 31st of each year, submit a report on examination administration, issuance and revocation of bidding professional certificates to the Ministry of Planning and Investment through the System.  The report content shall follow Form No. 06 of Appendix 03 issued with this Circular.

Article 35. Responsibilities of the examination administering agency

1. Develop and promulgate regulations on administering bidding examinations in compliance with this Circular.

2. Develop and issue regulations on collection, disbursement, and management, use of examination and issuance fees.

3. Administer bidding examinations in accordance with this Circular and related instructions.

4. Perform other tasks assigned by the issuing authorities.

Article 36. Responsibilities of holders of bidding professional certificates

1. Stay up-to-date on bidding practices and regulations by self-directed learning or attending training and refresher training courses provided by ministries, agencies, local governments, businesses, or training institutions to fulfill assigned responsibilities in accordance with the Bidding Law.

2. Comply with the law on bidding and other relevant laws during the bidding process.

3. Report on bidding activities when requested by regulatory agencies and other competent authorities.

Chapter VI

IMPLEMENTATION

Article 37. Transitional regulations

1. Any bidding course certificates and bidding training certificates issued in accordance with the Bidding Law No. 61/2005/QH11 and the Bidding Law No. 43/2013/QH13 before January 1, 2024, shall be considered equivalent to bidding expertise certificates prescribed in this Circular and shall remain valid until December 31, 2025. From January 1, 2026, individuals who seek bidding expertise certificates must take the examination to be granted a certificate in accordance with this Circular.

2. Any bidding practice certificates that have been granted or reissued in accordance with the Bidding Law No. 43/2013/QH13 and are still valid as indicated on the certificate shall be considered equivalent to bidding expertise certificates prescribed in this Circular and shall remain valid for the period specified on the certificate, except as provided in Clause 3 of this Article. After the period specified on the certificate, individuals who seek renewal of the certificate shall follow the renewal procedures specified in item c of Clause 2 of Article 7 and Clause 5 of Article 17 of this Circular.

3. Bidding practice certificates that have been granted but expire in 2024 shall be considered equivalent to bidding expertise certificates prescribed in this Circular and shall remain valid until December 31, 2024. From January 1, 2025, individuals who need to renew the validity of the certificate shall follow the renewal procedures specified in item c of Clause 2 of Article 7 and Clause 5 of Article 17 of this Circular.

4. Individuals who have been granted bidding course certificates or bidding training certificates in accordance with the Bidding Law No. 61/2005/QH11 and the Bidding Law No. 43/2013/QH13, and individuals who have been issued or reissued bidding practice certificates in accordance with the Bidding Law No. 43/2013/QH13 that are still valid, may use these certificates to participate in the expert team and the evaluation team in the selection of investors until the time specified in Clauses 1, 2, and 3 of this Article.

Article 38. Entry into force

1. This Circular shall come into force on the date of signing, except for the cases specified in Clause 2 of this Article.

2. The provisions specified in Article 37 of this Circular come into force as of January 1, 2024.

3. From January 1, 2024, Circular No. 04/2019/TT-BKHDT dated January 25, 2019 of the Minister of Planning and Investment on training, refresher courses, and certification exams for bidding practitioners shall cease to be effective.

Article 39. Implementation

1. Ministries, ministerial-level agencies, Governmental agencies, other central agencies, People's Committees and relevant organizations and individuals shall implement Circular.

2. Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Planning and Investment for timely guidance./.

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