(Chinhphu.vn) – Mr. Vu Duc Binh works at the Traffic Project Project Management Unit, a non-business unit under the Department of Transport of Yen Bai Province (with legal status, headquarters, seal and own account), directly manage the implementation of projects assigned by the Department to represent investors.

The management unit is under the management of the Department of Transport on organization, staffing and work programs.

Currently, the Project Management Unit (PMU) is performing the function of the procuring entity to select investors and contractors of some projects invested by  the Yen Bai Department of Transport.

According to the guidance of Clause 7, Article 35 of the Circular No. 03/2016 / TT-BKHĐT, from January 1, 2018, individuals directly participate in the preparation and appraisal of interest invitation documents, profile invitations recruitment, bidding documents, required documents; evaluation of interest files, prequalification dossiers, bids, proposals; appraise the results of inviting interest, the results of the prequalification invitation, the results of selection of contractors under professional bidding organizations, businesses, bidding consultancy units, professional PMUs and procurement units. The professional PMUmust have a certificate of practice in bidding activities.

Through the receiving and responding system to recommendations of businesses, Mr. Binh would like to ask, if I understand that the PMU of transport works is a professional PMU, is it in accordance with the provisions of law? Do individuals belonging to the PMU directly participate in the work specified in Clause 7, Article 35 of the Circular No. 03/2016 / TT-BKHDT required to have a certificate of practice in bidding activities?

Regarding this issue, The Ministry of Planning and Investment has the following opinions:

According to Clause 7, Article 35 of the Circular No. 03/2016 / TT-BKHĐT dated May 5, 2017 of the Ministry of Planning and Investment detailing the training and retraining activities on bidding, from day 1 January 1, 2018, individuals directly participate in the preparation and appraisal of interest invitation documents, prequalification invitation documents, bidding documents, required documents; evaluation of interest files, prequalification dossiers, bids, proposals; appraise the results of inviting interest, the results of the prequalification invitation, the results of selection of contractors under professional bidding organizations, businesses, bidding consultancy units, professional PMUs and procurement units. The results of the prequalification invitation and the results of selection of contractors must have a certificate of practice in bidding activities.

Accordingly, in case the PMU where Mr. Binh works is a professional PMU, from January 1, 2018, individuals of the management unit will directly participate in the work of making and appraising the application documents. center, prequalification invitation documents, bidding documents, required documents; evaluation of interest files, prequalification dossiers, bids, proposals; appraise the results of inviting interest, the results of invitation to prequalification, the results of the prequalification invitation and the results of selection of contractors must have a certificate of practicing bidding.

Criteria for determining a professional PMU in construction activities are carried out in accordance with the law on construction, suggesting that you contact the Ministry of Construction for specific guidance.