Official public procurement consultation activities

Application for certificate of good conduct

The certificate of good conduct can be applied before creation and maintenance of a legal relationship (e.g. employment relationship)or in order to verify that the applicant complies with requirements defined by an act. 

 

Please ask your employer whether you need a certificate of good conduct or not, and in case the answer is yes, what kind of certificate do they need.

 

The certificate of good conduct can verify that the individual

  • has not got any record in the register of convicted persons, and/or
  • is not under the effect of deprivation of civil rights, and/or 
  • is not prohibited to exercise a profession or an activity, or
  • complies with requirements defined by a Hungarian act.

 

The application can be submitted 

  • by mail on an official application form,
  • by phone via Government Customer Line 1818,
  • electronically using the Client Gate at the Hungarian eGovernment portal, where Client Gate identification is required, 
  • personally at the Customer Service of the Criminal Records Authority in Budapest, in case of priority service, 
  • personally at Hungarian Embassies or Consulates abroad.

 

The certificate of good conduct is free of charge 4 times a year, but there is a consular fee, if the application is submitted at a Hungarian Embassy or Consulate abroad.

 

The certificate of good conduct is delivered

  • by mail as recorded delivery (in case the application was submitted by mail, by phone or via Client Gate) 
  • personally at the Personal Customer Service Centre in case of priority service,
  • at the diplomatic or consular representation of Hungary.

 

Length of the process: 8 days (5 days in case of applying in person)

Recognition procedure

In the process of applying for the authorisation, the recognition of the applicant’s degree in Hungary taken at a foreign university must be proved .

 

Forms and supporting documentation

  1. Application for recognition of document for certfying foreign qualification, which falling within the European community law
  2. Copy of notarial document certifying citizenship
  3. Certified translation of document verifying qualification
  4. Certified copy of document verifying the duration of studies and requirements of the university (for example: registration book)
  5. Certified translation of document verifying the duration of studies and requirements of the university  (for example: registration book)
  6. Curriculum vitae
  7. Certificate for payment of procedural duty

The procedure just in part can be made electronically. Although, electronic forms already exist, submitting authentic documents electronically is not possible.

The duty fee is 73 500 HUF

Lenght of process: 90 days

More information and contact

In the course of public procurement procedures the contracting entity is entitled to involve an official public procurement consultant for the purpose of ensuring proficiency in the procedures. Accordingly, an official public procurement consultant shall ensure public procurement proficiency in the course of preparing and conducting public procurement procedures.

The official public procurement consultation activity is included in sector 74 Other professional, scientific and technical activities, and within that in 74.90 Other professional, scientific and technical activities not elsewhere classified in the Standard Classification of Economic Activities (TEÁOR'08).

Official public procurement consultation activities may be pursued by those who meet the legal conditions of the material set forth in detail below:

Official public procurement consultation activities may be pursued by natural persons, if they have higher educational qualifications and professional experience of at least three years, furthermore, public procurement experience of at least three years as detailed below, or public procurement specialized qualifications recognized by the State and certified public procurement experience of at least two years, as detailed below, or in the case of an organization, one that has a member or employee participating in this activity, or any natural person carrying out activities on behalf of the organization on the basis of a civil law legal relationship that is included in the register.

It is a further condition of practising this activity that the natural person or organization has liability insurance of the amount detailed below.

All activities carried out either on the contracting entity’s or the bidder’s side in connection with the preparation of the public procurement procedure falling under the effect of Act CXXIX of 2003 on public procurement, or Act CVIII of 2011 on public procurement [that is, preparation and completion of the call or notice launching (announcing) the public procurement procedure, or of the documentation] and the conducting of the public procurement procedure shall qualify as public procurement experience constituting a condition of the official public procurement consultation activities.

Experience in public procurement has been gained if the applicant natural person certifies that 

  • s/he carried out activities qualifying as public procurement experience as described above on at least 20 occasions in total in connection with public procurement procedures falling under the effect of Act CXXIX of 2003 on public procurement, or Act CVIII of 2011 on public procurement during the period of not more than five years prior to the submission of the application, in the course of the term of any 36 months in total, and on at least 10 occasions of the above s/he independently prepared the call launching or announcing the procedure or the documentation with the proviso that at least five procedures of the certified procedures must be procedures reaching the European Union value limit; or
  • during the period of not more than five years prior to the submission of the application, in the course of the term of any 36 months in total, and on at least 10 occasions s/he independently prepared the call launching or announcing the procedure or the documentation in connection with public procurement procedures falling under the effect of Act CXXIX of 2003 on public procurement, or Act CVIII of 2011 on public procurement, and during the same period of time s/he also proceeded as a representative in at least five legal remedy procedures related to public procurement procedures falling under the effect of Act CXXIX of 2003 on public procurement, or Act CVIII of 2011 on public procurement with the proviso that at least three procedures of the certified procedures must be procedures reaching the European Union value limit.

Various activities carried out in connection with the preparation and conducting of a given public procurement procedure may only be taken into account on one occasion from the respect of the fulfilment of the requirements performed towards public procurement experience. Representation activities related to a legal remedy procedure of a public procurement procedure can be taken into account in a breakdown by legal remedy sections, with the proviso that legal remedy activities related to the same public procurement procedure may only be taken into account on one occasion from the respect of the same applicant.

Certification of the representation activity carried out in a legal remedy procedure related to a public procurement procedure falling under the effect of Act CXXIX of 2003 on public procurement, or Act CVIII of 2011 on public procurement may be accepted if the legal remedy procedure has been closed at least before the Public Procurement Arbitration Board on the date of submission of the application and either the order terminating the procedure, or the decision on the merits of the case has been published, and if the applicant was the personal representative of either party to the procedure, and the proceeding court or authority has not established his liability in connection with his activities carried out in the public procurement procedure, and his principal has not instituted any claim against him in connection with his activities during the legal remedy or court proceedings.

In case the applicant has specialized qualification in public procurement recognized by the State, the public procurement experience required for his admission to the register is completed if the applicant certifies that

  • during the period of not more than five years prior to the submission of the application, in the course of the term of any 24 months in total, and on at least 14 occasions in total s/he independently carried out activities qualifying as public procurement experience as described above, in connection with public procurement procedures falling under the effect of Act CXXIX of 2003 on public procurement, or Act CVIII of 2011 on public procurement, and of these in connection with at least seven public procurement procedures s/he independently prepared the call launching or announcing the procedure or the documentation with the proviso that at least three procedures must be procedures reaching the European Union value limit; or
  • during the period of not more than five years prior to the submission of the application, in the course of the term of any 24 months in total, and on at least 7 occasions in total s/he independently prepared the calls launching or announcing the procedure or the documentation in connection with public procurement procedures falling under the effect of Act CXXIX of 2003 on public procurement, or Act CVIII of 2011 on public procurement, and during the same period of time s/he also proceeded as a representative in at least three legal remedy procedures related to public procurement procedures falling under the effect of Act CXXIX of 2003 on public procurement, or Act CVIII of 2011 on public procurement with the proviso that at least three procedures of the certified procedures must be procedures reaching the European Union value limit.

The following shall also qualify as public procurement experience during the period of not more than five years prior to the submission of the application, in the course of a period of any 36 months in total

  • work performed at the Public Procurement Council or at the Secretariat of the Public Procurement Authority or any ministry head by the minister responsible for the preparation of legal regulations related to public procurement or at the National Development Agency and expressly aimed at fulfilling public procurement professional duties or controlling public procurements;
  • performing activities as a public procurement commissioner.

In the case of an applicant with specialized qualification in public procurement recognized by the State, the public procurement experience meeting the above conditions is completed if the applicant carried out any of the activities indicated above during the period of at least five years, in the course of the period of any 24 months in total.

Finally scientific degrees in public procurement (PhD, doctor of the Hungarian Academy of Sciences) shall also qualify as public procurement experience, irrespective of the date the degree was awarded.

Any activities carried out in connection with public procurement procedures in respect to which legal remedy procedures have been initiated and the breach of legal regulations has been established on a final and operative basis may not be taken into account as public procurement experience, provided that the applicant is unable to certify that it was not his activity that led to the breach of legal regulations.

The liability insurance contract constituting a condition of official public procurement consultation activities shall cover any damage caused in this capacity in the course of official public procurement consultation activities for which the insured performing official public procurement consultation activities shall be liable. The effect of the liability insurance contract shall also cover the damage caused by the employee or agent of the insured performing official public procurement consultation activities, provided that it was caused as a result of the official public procurement consultation activities, and the insured is liable for the agent pursuant to legal regulations. The liability insurance contract must cover the damage caused on a continuous basis during the force of the contract up to the limit of at least 10 million Hungarian forints or up to the limit of 5 million Hungarian forints per instance of damage. Should the liability insurance contract terminate for any reason, the insured performing official public procurement consultation activities must report this to the Public Procurement Authority within five days and shall simultaneously present the new liability insurance contract provided that s/he intends to continue his/her activities as an official public procurement consultant.

Procedures related to the commencement and pursuit of the service activities

The Public Procurement Authority shall act as the authority in respect to official public procurement consultants.

The authorization of the Public Procurement Authority, and as part of this admission to the register kept by it is required for performing official public procurement consultation activities.

The application for performing official public procurement consultation activities can be submitted in writing to the Public Procurement Authority.

In addition to the information related to authorization, the forms necessary for submitting the application can be found on the website of the Public Procurement Authority. Electronic administration is currently not possible for technical reasons.

The documents or certified copies of the documents on the basis of which the following can be established must be attached to the application

  1. the applicant meets the requirements relating to the qualifications and the professional experience and also has liability insurance, and
  2. no grounds for disqualification exist against the applicant, and
  3. the applicant has paid the administrative service fee for performing the procedure (certificate of fee payment).

In addition to detailed information, the samples and forms to help customers with the submission of certifications in accordance with legal regulations are available and can be downloaded from the website of the Public Procurement Authority (information).

The Public Procurement Authority must judge the application within the 30-day general time limit for administration, the head of the authority may extend this time limit for 30 days on one occasion.

In case the application meets the statutory requirements in every respect, the Public Procurement Authority shall authorize the practising of the activity through admission to the register kept by it. Official public procurement consultants become entitled to carry out activities as official public procurement consultants as of the date of their admission to the register. Admission to the register shall be effective for three years and can be renewed.

An administrative service fee must be paid for the authorization procedure (admission to the register). The fee is 90 000 HUF. No exemption can be granted from the payment of the fee.

The Public Procurement Authority shall keep an up-to-date register of persons entitled to perform official public procurement consultation activities, which is to be published on its website. The register kept by the Public Procurement Authority is a register of public validity, and the truth of the data therein must be presumed until the contrary is proved. The Authority shall publish an announcement of any changes in the register in the Public Procurement Gazette.

Official public procurement consultants may request their deletion from the register if they do not participate in pending public procurement procedures and official public procurement consultants must make a declaration on this in a private document of full probative force.

Official public procurement consultants shall be entitled to certify the activities they have performed since the last announcement, identical with the experience necessary for admission to the register, on one occasion annually to the Public Procurement Authority, which shall supplement the register with this data. An administrative service fee must be paid for this announcement. The fee is forty thousand Hungarian forints. No exemption may be granted from the payment of the fee.

Official public procurement consultants must announce to the Public Procurement Authority if any changes have occurred in their data or circumstances relating to the activity immediately, or no later than within five days of the change. Official public procurement consultants must also announce within five days if changes have occurred in their consultant’s status (independent official public procurement consultant or official public procurement consultant acting exclusively for contracting entities).

The changes in the data can be submitted in writing or in person, orally, to the Public Procurement Authority. The reporting of changes electronically is currently not possible for technical reasons despite the statutory obligation. No duty or fee must be paid for the fulfilment of the reporting obligations relating to the changes in the data.

Owing to the fact that the effect of admission to the register of official public procurement consultants, that is, the authorization of the activity, is restricted, the applicant must submit an application for the renewal of the entry in the register to the authority prior to the expiry of his/her right, provided that s/he intends to continue the activity. Official public procurement consultants may submit the application for renewal within ninety days prior to the expiry of the effect of the entry in the register at the earliest.

Pursuit of the activity as part of cross-border service

No sectoral rule is in force in connection with official public procurement consultation activities on the basis of which those who lawfully pursue such activities in the member state of their residence (EU, EEA), should be obliged to have a separate licence or make a report in the case of rendering cross-border services directed toward Hungary of occasional or temporary nature without residence.

 

Cross-border service provision

If you wish to launch this service in the form of cross-border service provision, please click here to read the general conditions of cross-border service provision in Hungary.

 

Legal regulations applicable to service activities and procedures 

Sectoral legal rules primarily applicable to official public procurement consultation activities and procedures:

  1. Act CVIII of 2011 on public procurement, 
  2. Decree No. 93/2011 (30 December) of the Minister of National Development on official public procurement consultation activities, 
  3. Act CXL of 2004 on the general rules of public administrative official procedures and services, 
  4. Act LXXVI of 2009 on the general rules on commencement and pursuit of service activities.