Is it possible to join an expert group with a bidding certificate in accordance with Vietnamese law?
Hello everyone and Lawyer. I have some questions about the conditions to join the expert group as follows. Do you need a bidding certificate to join the expert group? When was the expert group established? Looking forward to receiving help from everyone and Lawyers. Thank you. Hello! To answer the above questions, today, LSX Lawfirm will give you an article about “Is it possible to join an expert group with a bidding certificate in accordance with Vietnamese law?“, as follows:
Legal grounds
- Law on Bidding 2013
- Decree 63/2014/ND-CP
What is an expert panel?
Currently, the law does not stipulate how the appraisal team is but only provides for the expert group in Clause 43, Article 4 of the Law on Bidding 2013 according to which: “The expert team consists of capable and experienced individuals who are selected by the party. Bidding invitation or bidding consultancy unit established to evaluate dossiers of expression of interest, dossiers of pre-qualification, bid dossiers, dossiers of proposals, and perform other tasks in the process of selecting contractors and contractors invest”.
Rights and obligations of expert groups
- Honesty, objectivity, and fairness in the process of performing tasks.
- Evaluate dossiers of expression of interest, dossiers of pre-qualification, bid dossiers, and dossiers of proposals according to requirements.
- Report to the bid solicitor on the results of the evaluation of dossiers of expression of interest, dossiers of pre-qualification participation, bid dossiers, dossiers of proposals, and ranking list of contractors and investors.
– Confidentiality of related documents during the selection of contractors and investors.
- Preserve your opinion.
- Compensate for damage according to the provisions of law to related parties if such damage is caused by their own fault.
– Provide relevant information and documents and explain the implementation of the provisions of this Article at the request of the competent person, the investor, the bid solicitor, the inspection and examination agency, and the management agency. State management of bidding activities.
– Perform other responsibilities as prescribed by this Law.
When was the bidding expert group established?
According to the provisions of Article 75 of the Law on Bidding 2013, when selecting contractors and investors, the bid solicitor has the right to decide to establish an expert group.
Accordingly, the expert group is responsible for:
- Honesty, objectivity, and fairness in the course of performing tasks;
- Evaluating dossiers of expression of interest, dossiers of pre-qualification, bid dossiers, and dossiers of proposals according to requirements.
- Report to the bid solicitor on the results of the evaluation of the dossiers of expression of interest, dossiers of pre-qualification participation, bid dossiers, dossiers of proposals, and the list of bidders and investors;
– Confidentiality of relevant documents during the selection of contractors and investors;
- Preserve your opinions;
– To compensate for damage according to the provisions of law to related parties if such damage is caused by their fault;
– Provide relevant information and documents and explain the implementation of the provisions of this Article at the request of the competent person, the investor, the bid solicitor, the inspection and examination agency, and the management agency. State management of bidding activities;
– Perform other responsibilities as prescribed by this Law.
Is it possible to join the expert group with a bidding certificate?
According to the provisions of Article 116 of Decree 63/2014/ND-CP, the conditions for becoming a member of the expert group are as follows:
An individual member of an expert group must have a certificate of practice in bidding, except for the following cases:
– Depending on the nature and complexity of the bidding package, the composition of the expert team includes experts in technical, financial, commercial, administrative, legal, and related fields.
– Individuals who do not directly participate in the preparation of dossiers of invitation for expression of interest, dossiers of invitation for pre-qualification, bidding dossiers and dossiers of requirements; evaluation of dossiers of expression of interest, dossiers of pre-qualification participation, bid dossiers, dossiers of proposals belonging to professional bidding organizations, enterprises, bidding consultancy units, professional project management boards shall When participating in working in the expert group, the following conditions must be satisfied:
- Having a training certificate in bidding;
- Having professional qualifications related to the bidding package;
- Understanding the specific contents of the bidding package;
- Having at least 03 years working in the field related to the economic and technical contents of the bidding package.
In special cases where the opinions of specialized experts are required, it is not mandatory that these experts have training certificates in bidding.
Thus, having a bidding certificate can join the expert group.
What tasks must the bidding expert team do?
Article 76 of the Law on Bidding 2013 stipulates the responsibilities of expert groups as follows:
- Honesty, objectivity, and fairness in the process of performing tasks.
– Evaluate dossiers of expression of interest, dossiers of pre-qualification, bid dossiers, and dossiers of proposals according to requirements.
—Reporting to the bid solicitor on the results of the evaluation of EOIs, pre-qualification applications, bids, proposals, and ranking list of contractors and investors.
- Security of related documents in the process of selecting contractors and investors.
- Reserve your opinion.
– Provide relevant information and documents and explain the implementation of the provisions of Article 76 of the Law on Bidding 2013 at the request of competent persons, investors, bid solicitors, inspection, and control agencies. inspection, state management agency on bidding activities.
– Perform other responsibilities in accordance with the Law on Bidding 2013.
Thus, the preparation of bidding documents and contract negotiation is not the responsibility of the expert group. However, the investor and the bid solicitor can assign responsibility to the expert group for the preparation of bid documents and contract negotiation. However, in order to ensure competitiveness in bidding, the investor and contractor should assign other individuals with expertise to conduct, the group of experts to evaluate the dossiers and supervise the bidding process
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Related questions
Pursuant to Point b, Clause 1, Article 75 of the Law on Bidding 2013 stipulates: “Article 75. Responsibilities of the bid solicitor 1. For the selection of contractors to implement bidding packages under the project: b) Decide on the establishment of expert groups;” Thus, one of the responsibilities of the bid solicitor when selecting a contractor is to establish an expert group.
Currently, there is no specific regulation on the number of members of the expert bidding group. The law only sets requirements on the conditions of expert group members. Therefore, based on the size, nature, and complexity of the bidding package, the bid solicitor or the bidding consultancy unit can decide the number of members of the expert group.
An expert group consisting of capable and experienced individuals is established by the bid solicitor or the bidding consultancy unit to evaluate the dossiers of expression of interest, dossiers of pre-qualification participation, bid dossiers, and dossiers of proposals, and dossiers of proposals. perform other tasks during the selection of contractors and investors (Clause 43, Article 5 of the Bidding Law).
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