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MINISTRY OF
TRANSPORT
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SOCIALIST REPUBLIC
OF VIETNAM
Independence - Freedom – Happiness
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No. 16/2024/TT-BGTVT
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Hanoi, May 30, 2024
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CIRCULAR
ON CERTAIN PROVISIONS ON SELECTION OF
INVESTORS TO IMPLEMENT THE INVESTMENT PROJECTS FOR COMMERCIAL REST STOPS
Pursuant to the Law
on Road Traffic dated November 13, 2008;
Pursuant to the Law
on Investment dated June 17, 2020;
Pursuant to the Law
on Bidding dated June 23, 2023;
Pursuant to Decree
No. 56/2022/ND-CP dated August 24, 2022 of the Government on the functions,
tasks, powers and organizational structure of the Ministry of Transport;
Pursuant to Decree
No. 32/2014/ND-CP dated April 22, 2014 of the Government on management,
operation and maintenance of expressways;
Pursuant to Decree
No. 25/2023/ND-CP dated May 19, 2023 of the Government on amendments to Decree
No. 32/2014/ND-CP dated April 22, 2014 of the Government on management,
operation and maintenance of expressways;
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Pursuant to Decree
No. 23/2024/ND-CP dated February 27, 2024 of the Government on elaboration of
and implementation measures for the Law on Bidding on the selection of
investors to implement projects in cases where bidding must be organized
according to the provisions of the special laws on given sectors and fields;
At the request of the
Director of the Department of Transport Infrastructure and the Director of the
Vietnam Expressway Department;
The Minister of
Transport issues a Circular on certain provisions on selection of investors to
implement the investment projects for commercial rest stops.
Article 1. Scope
This Circular
provides for the evaluation of investment efficiency in the development of
sectors and fields in the selection of investors to implement the investment
project for commercial rest stops. These rest stops are specialized service
infrastructure projects in the road transport sector, including mixed-use
functional areas serving both public and commercial purposes, managed by the
Ministry of Transport.
Article 2. Regulated
entities
This Circular applies
to organizations and individuals involved in the selection of investors to
implement investment projects for commercial rest stops managed by the Ministry
of Transport.
Article 3. Evaluation
of investment efficiency in the development of sectors and fields of the
investment project for commercial rest stops
1. The evaluation
criteria for investment efficiency in the development of sectors and fields of
the investment project for commercial rest stops are based on the evaluation
criteria for the minimum value of state budget contributions as prescribed in
Clause 2, Article 47 of Decree No. 23/2024/ND-CP dated February 27, 2024 of the
Government on elaboration of and implementation measures for the Law on Bidding
on the selection of investors to implement projects in cases where bidding must
be organized according to the provisions of the special laws on given sectors
and fields.
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3. The method for
determining the minimum value of state budget contributions is calculated using
the following formula:
GTTN = n x
(V : 49)
Where:
GTTN: Minimum value of
state budget contributions
n: operation,
management, and business time of the project and infrastructure system
determined based on the published information on the project's duration and
progress.
V: value of state
budget contributions for a project with a 49-year land lease term, calculated
according to the formula specified in the guidelines in Appendix II attached to
this Circular.
Article 4. Entry in
force
1. This Circular
comes into force as of June 1, 2024.
2. Circular No.
01/2023/TT-BGTVT dated March 7, 2023 of the Minister of Transport on guidelines
for formulation, approval, and announcement of list of projects; methods and
criteria of bid and proposal evaluation in bidding for investors of road
traffic service works shall cease to be effective from the effective date of
this Circular.
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Article 5.
Implementation
1. Investment
projects for commercial rest stops under the management authority of the
People's Committees of provinces and centrally affiliated cities can use the
guidelines in this Circular as a reference, but must strictly adhere to the
bidding law and related regulations to ensure the goals of competition, fairness,
transparency and economic efficiency.
2. The Chief of the
Ministry Office, the Chief Inspector of the Ministry, the Directors of
Departments, the Director of the Department of Construction Investment
Management, the Director of Directorate for Road of Vietnam, the Director of
the Vietnam Expressway Department, and the Heads of relevant agencies,
organizations and individuals shall implement this Circular./.
PP. MINISTER
DEPUTY MINISTER
Nguyen Duy Lam
APPENDIX
I
EVALUATION SCORE FOR INVESTMENT EFFICIENCY IN
THE DEVELOPMENT OF SECTORS AND FIELDS OF THE INVESTMENT PROJECT FOR COMMERCIAL
REST STOPS
(Issued together with Circular No. 16 dated May 30, 2024 of the Minister of
Transport)
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1. If the investor's
proposed minimum value of state budget contribution in their bid is lower than
the minimum required in the bidding documents, the investor will receive a
score of zero for the evaluation score for investment efficiency;
2. The evaluation
score for the investor's investment efficiency, where their proposed minimum
state budget contribution in the bid is equal to or greater than the minimum
required in the bidding documents, shall be determined as follows:
a) For bidding
documents prepared under the one-stage, one-envelope procedure
b) For bidding documents
prepared under the two-stage, two-envelope procedure
Where:
+ “ĐiểmNĐTđang xét”: Evaluation
score for investment efficiency of the Investor under consideration.
+ “GTTN”: Minimum value of
state budget contributions specified in the bidding document;
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+ “GNĐTcao nhất”: The highest value
of state budget contribution among all values of state budget contributions of evaluated
investors and ensuring that GNĐTcao nhất > GTTN;
+ Maximum sectoral
efficiency score: The maximum sectoral efficiency score specified in the
bidding document.
If the GNĐTcao nhất is equal to GTTN , the evaluation score
for the minimum value of state budget contributions of the investor is equal to
the maximum sectoral efficiency score specified in the bidding document.
APPENDIX
II
GUIDELINES FOR DETERMINING THE VALUE OF STATE
BUDGET CONTRIBUTIONS (V)
(Issued together with Circular No. 16 dated May 30, 2024 of the Minister of
Transport)
Section
1. Bases and steps for determining the value of state budget contributions (V)
1. Bases for
determining value V:
a) Land area subject
to land levies and land rents for the project;
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Land levies and land
rents to be paid by the winning investor must be determined at the time when
the State decides to allocate land or lease land according to land laws;
c) Information on
successfully auctioned land areas, land funds, and land plots in the local
area, including: intended use; area; location; starting price; auction-winning
price; approval date of auction results;
d) Local land price schedule.
2. Steps for
determining value V:
a) Determining and
classifying the land area subject to land levies and land rents for the
project;
b) Identifying
reference land areas, land funds, and land plots;
c) Calculating the
value of V.
3. The procuring
entity is responsible for developing a plan to determine value V based on
information provided by the following agencies:
- Financial
management agencies or the Land Valuation Appraisal Council (if assigned the
task of managing this information): information on local land price schedule
(if available); additional information (if any) to determine the expected land
levies, land rents, and value V;
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- Specialized
agencies or People's Committees at the district and commune level responsible
for conducting auctions: information on land areas, land funds, and land plots
that have been successfully auctioned and the winning organizations or
individuals have fulfilled their financial obligations to the State;
- Agencies or
departments responsible for housing, urban development, and construction: information
on approved land use structure according to the plan (if assigned the task of
managing this information).
Section
2. Determining and classifying the land area subject to land levies and land
rents for the project
The land area subject
to land levies and land rents for the project is the area of commercial and
service land determined according to project information in the Decision on project
information approval.
Section
3. Identifying reference land areas, land funds, and land plots
The determination of
reference land plots, land funds, and land plots shall be implemented according
to the following principles:
1. Land areas, land
funds, and land plots that meet the following conditions shall be used for
reference:
a) Having the same
purpose of use as one of the land areas specified in Section 2 of this
Appendix.
b) Having previously
been successfully auctioned within the past 2 years and where the winning
bidder has complied with all relevant land laws and regulations prior to the
date of approval of information of the project under consideration.
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2. Located in a
similar geographical area is determined as follows:
a) In the same
district-level administrative division where the project under consideration is
implemented. In case the project under consideration belongs to two or more
district-level administrative divisions, the reference land area, land fund,
and land plot shall be determined in the area of all these administrative
divisions.
b) In case the
district-level administrative division where the project is implemented does
not have any land area, land fund, or land plot that meets the conditions at
Point b, Clause 1 of this Section, use the land area, land fund, or land plot
belonging to another district-level administrative division of the province or
centrally-affiliated city that is adjacent to the mentioned district-level
administrative division for reference purpose. In case it is adjacent to many
district-level administrative divisions, the determination of the other district-level
administrative divisions shall be considered and specifically decided by the
person with the authority to approve the bidding documents.
c) In case the
provincial administrative division where the project is implemented does not
have any land area, land fund, or land plot that meets the conditions at Point
b, Clause 1 and Point b, Clause 2 of this Section, it may use the land area,
land fund, or land plot that have been successfully auctioned within 3 to 5
years before the date of approval of information on the investment project
under consideration, provided that it is located in a similar geographical area
as prescribed at Point a or Point b of this Clause for reference. The reference
time shall be considered and specifically decided by the person with the
authority to approve the bidding documents.
3. In case the land
area, land fund, or land plot that has been auctioned meets the conditions on
reference time, is located in a similar geographical area to the land area,
land fund where the project under consideration is implemented as prescribed in
the above Clauses but has multiple purposes of use, then divide this land area,
land fund, or land plot into land parts corresponding to the land use purposes
for reference.
4. In cases where
local authorities have determined that there are abnormal fluctuations in land
prices and have adjusted the land prices of the land areas, land funds, and
land plots referenced in the land price schedule as per the land laws for the
areas specified in Point a or Point b, Clause 2 of this Section within the time
period specified in Point b, Clause 1 or Point c, Clause 2 of this Section, the
person with the authority to approve the bidding documents may decide not to
use as a reference any land areas, land funds, or land plots that have
experienced an auction price increase of more than 20% compared to the average
post-auction increase of the reference land areas, land funds, or land plots
that exhibit other abnormal price fluctuations. The determination of the rates
of abnormal price fluctuations shall be specifically considered and decided by
the person with the authority to approve the bidding documents.
Section
4. Calculation of value V
1. All land areas,
land funds, and land plots that meet the conditions specified in Section 3 of
this Appendix are used for reference and calculation of value V.
2. Value V is
calculated as follows:
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Where:
a) Si is the area of the
land plots specified in Section 2 of this Appendix.
b) ΔGi is the average
increase in value after winning the land use right auction calculated per unit
area of all reference land areas, land funds, and land plots with the same
land use purpose as the land area Si of the project under
consideration.
c) ki is the coefficient
for adjusting the average increase in value after winning the auction of all
reference land areas, land funds, and land plots with the same land use purpose
as the land area Si of the project under consideration.
3. ΔGi is calculated
as follows:
ΔGi
=
Total
increased value after winning the auction of all reference land areas, land
funds, land plots with the same purpose of use as the land area Si
Total
area of all reference land areas, land funds, land plots with the same
purpose of use as the land area Si
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4. ki is
calculated as follows:
Where:
a) Pi is
the land levy, land rent calculated per unit area of the land area Si
belonging to the project under consideration (determined according to the
expected land levy, land rent of the project).
b) PTCi is the land levy,
land rent calculated per unit area of all reference land areas, land funds,
land plots with the same purpose of use as the land area Si
belonging to the project under consideration (determined according to the
auction starting price).
PTCi is
calculated as follows:
PTCi
=
Total
value of the starting auction price of all reference land areas, land funds,
land plots with the same purpose of use as the land area Si
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5. In case there is
no reference land area, land fund, land plot with the same purpose of use as
the land area Si, the data related to the residential land of the
project under consideration (Sresidential land) is the basis for
calculating ΔGi and ki, in specific:
a) ΔGi =
ΔGresidential land.
b) ki = kresidential
land x Ratio determined in the land price schedule between the type of
land under consideration and residential land.
- kresidential
land is the coefficient for adjusting the average increase in value after
winning the auction of reference land areas, land funds, and land plots with
the same land use purpose as the residential land area determined according to
Clause 4 of this Section.
6. The land price
used is the land price in the land price schedule issued by the People's
Committee of the province or centrally-affiliated city in accordance with the
land laws, effective at the time of approval of the information of the project
under consideration. The data in the land price schedule used for calculation
are the data applicable to the district-level administrative division where the
project under consideration is implemented.
7. For projects that
do not apply the detailed provisions in the above Sections, the person with the
authority to approve the bidding documents shall consider and decide on the
method of selecting reference land areas, land funds, land plots and
appropriate coefficient k. In this case, the proposal for approval of the
bidding documents must explain in detail the method of determining the input
parameters corresponding to the selected method and the reasons for the
proposed method, for the consideration and decision of the person with the
authority to approve the bidding documents.