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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.