Who must have a bidding practice certificate?

According to Clause 1, Article 7 of Circular 02/2024/TT-BKHĐT, the issuance of Professional Certificates on bidding is clearly stated. Specifically:

1. Professional certificates on bidding issued to individuals include:

a) Individuals participating in expert groups and appraisal groups in bidding to select contractors according to the provisions of Article 19 of the Law on Bidding and the provisions of Article 19 of Decree No. 24/2024/ND-CP dated February 27, 2024 of the Government detailing a number of articles and measures to implement the Law on Bidding;

b) Individuals participating in expert groups and appraisal groups in bidding to select investors for business investment projects as prescribed in Clause 3, Article 1 of Decree No. 23/2024/ND-CP dated February 27, 2024 of the Government detailing a number of articles and measures to implement the Law on Bidding on selecting investors to implement projects in cases where bidding must be organized according to regulations of laws on industry and sector management;

c) Individuals participating in expert groups in bidding to select investors for investment projects under the public-private partnership method as prescribed in Article 33 of Decree No. 35/2021/ND-CP dated March 29, 2021 of the Government detailing and guiding the implementation of the Law on Investment under the public-private partnership method.

At the same time, according to the provisions of Article 19 of Decree 24/2024/ND-CP, the subjects required to have a professional certificate in bidding include:

- Individuals participating in expert groups and appraisal groups in bidding to select contractors according to the provisions of Article 19 of the 2023 Bidding Law and the provisions of Article 19 of Decree 24/2024/ND-CP

- Individuals participating in expert groups and appraisal groups in bidding to select investors for business investment projects as prescribed in Clause 3, Article 1 of Decree 23/2024/ND-CP

- Individuals participating in expert groups in bidding to select investors for investment projects under the public-private partnership method as prescribed in Article 33 of Decree 35/2021/ND-CP

Except in the case of:

- Individuals who conduct appraisal of the overall contractor selection plan and contractor selection plan according to assigned tasks (excluding bidding consultancy) are not required to have a professional certificate in bidding.

- In case the opinion of a specialized expert is required, these experts are not required to have a professional certificate in bidding.

Thus, there will be 2 subjects required to have professional certificates in bidding: members of the expert team and the appraisal team.

Previously, according to the old Bidding Law (Bidding Law 2013) and the guiding documents of this law, the concepts of bidding practice certificate and basic bidding certificate were very clear and distinct. However, when the Bidding Law 2023 was issued, the guiding documents only had the concept of bidding professional certificate. At that time, it was stipulated that members of the expert team and appraisal team (performing related tasks of the entire bidding process) must have a bidding professional certificate, except in the following two cases:

Individuals who conduct appraisals of the overall contractor selection plan and contractor selection plan according to assigned tasks (excluding bidding consultancy) are not required to have a professional certificate in bidding.

In case the opinion of a specialized expert is required, these experts are not required to have a professional certificate in bidding.

Thus, according to current regulations, individuals participating in the process of organizing the selection of contractors and investors are required to have a professional certificate in bidding. This regulation is also causing many difficulties for small units, making regular purchases for the unit's activities when the majority of staff performing bidding work are part-time.

As before, these members only need to attend a bidding training course and be certified to be able to participate in bidding work. However, to ensure the roadmap, according to the provisions of Clauses 1, 2 and 3, Article 37 of Circular No. 02/2024/TT-BKHĐT, certificates of participation in bidding courses and bidding training certificates issued under the provisions of the Bidding Law No. 61/2005/QH11 and the Bidding Law No. 43/2013/QH13 before January 1, 2024 are valid as professional certificates on bidding as prescribed in this Circular and will continue to be valid until December 31, 2025.

Nguyen Vu

Source: https://baophapluat.vn/nhung-doi-tuong-nao-phai-co-chung-chi-hanh-nghe-dau-thau-post549404.html