Regarding this issue, the Ministry of Planning and Investment answers as follows:

According to the guidance in Form No. 04 Chapter IV, Form E-HSMT for construction and installation issued together with Circular No. 04/2017 / TT-BKHĐT, based on the size and nature of the bidding package and the construction law, the soliciting party regulate requirements on key personnel such as project commander, construction technical manager, construction drawing design manager, construction team leader, technical supervision, quality ... without love demand for quantity, capacity and experience of workers, unskilled workers.

The mobilization of workers and unskilled workers to execute the bidding package falls under the responsibility of the contractor on the basis of construction technical measures proposed in the bid dossier.

In the case of THT Co., Ltd., declaration forms 11A, 11B, 11C Chapter IV Form E-HSMT for construction and installation issued together with Circular No. 04/2017 / TT- BKHDT are built for the contractor to list. Declaring about key personnel expected to mobilize the contract execution, do not list workers and ordinary workers in these forms.

Therefore, if the bidder has declared key personnel in the E-Bidding Documents as required by the E-Bidding Documents, the soliciting entity shall conduct the evaluation in accordance with the information that the bidder has declared in the E-Bidding Documents.

In addition, the case that the E-HSMT stipulates that the number of workers and unskilled workers that the contractor must mobilize to implement the bidding package is inappropriate, which may lead to restriction on the bidder's participation bid, violate the provisions of Clause 2, Article 12 of Decree No. 63/2014 / ND-CP.