Investment and commercial regulations in effect in early October 2016

1. Guidelines for preparation of bidding documents on EPC

Ministry of Planning and Investment’s Circular No. 11/2016/TT-BKHDT , in effect as of October 01, 2016, provides guidelines for the preparation of bidding documents for engineering, procurement and construction (EPC).

- The circular guides the preparation of bidding documents for EPC contracts under projects as defined in Article 1 of the 2013's Bidding Law.

- Bidding documents for EPC contracts financed by ODA, if endorsed by sponsors, can adopt the template in this Circular.

- Moreover, the principles of the template of bidding documents, the taxes and fees on an EPC contract are defined.

Furthermore, Circular No. 11/2016/TT-BKHDT is enclosed with a detailed outline of procedures and templates of bidding documents for an EPC contract.

2. Higher incentive for participants in a hearing for a competition proceeding

Prime Minister promulgated the Decision No. 35/2016/QD-TTg on incentives for members of the Competition Council, organizers of and participants in competition proceedings.

The incentive for individuals who organize or participate in a hearing for a competition proceeding is higher than that defined in the Decision No. 82/2010/QD-TTg, as follows:

- President of the hearing is granted VND 150,000 per day.

- Member of the Council settling the competition proceeding, investigator, examiner or testifier invited or summoned by the Council is granted VND 100,000 per day.

- A translator invited to the Council  to provide translation services in the hearing shall be granted incentive(s) according to regulations on translation expenditure.

- Examiner, translator and testifier invited by the Council to the hearing shall be compensated for travel expense.

Moreover, participants in discussions and meetings for settlement of competition proceedings and complaints shall be granted incentive(s) according to the Decision.
 
Decision No. 35/2016/QD-TTg takes effect as of October 10, 2016.

3. Right to access data on natural resources, ocean environment and islands

Circular No. 20/2016/TT-BTNMT , in effect as of October 10, 2016, regulates the establishment and use of data on natural resources, ocean environment and islands.

Entities have the right to use the database on natural resources, ocean environment and islands:

- Via online portals.

- On a contract basis.

- By a written request for data.

Data on natural resources, ocean environment and islands via an online portal is provided in the following manners:

- One-time access code.

- Universal resource locator (URL) to downloadable data.

- Email with attachment(s).

The use of data on a contract basis shall be subject to the agreement between the database management agency and the requesting entity as per the laws.

Data on natural resources, ocean environment and islands is provided in response to a written request in the following manner:

- According to specialized laws.

- If no specialized law is applicable, Article 14 of the Circular No. 20/2016/TT-BTNMT shall govern.

4. Criteria for grades of national defense inspectors

Prime Minister’s Decision No. 31/2016/QD-TTg , in effect as of October 10, 2016, defines the criteria for grades of national defense inspectors.

The grades of national defense inspectors consist of inspector, chief inspector and senior inspector.