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THE MINISTRY OF
INDUSTRY AND TRADE OF VIETNAM
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THE SOCIALIST
REPUBLIC OF VIET NAM
Independence-Freedom-Happiness
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No.
66/2025/TT-BCT
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Hanoi,
December 31, 2025
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CIRCULAR
AMENDMENTS TO CIRCULAR NO. 27/2024/TT-BCT DATED NOVEMBER 21,
2024 OF MINISTRY OF INDUSTRY AND TRADE OF VIETNAM PRESCRIBING BID EVALUATION
CRITERIA AND FORMS OF BIDDING DOCUMENTS FOR SELECTING INVESTORS EXECUTING
ENERGY PROJECTS
Pursuant to the Law on Bidding No. 22/2023/QH15,
as amended by the Law No. 57/2024/QH15, and the Law No. 90/2025/QH15;
Pursuant to the Law on Electricity No.
61/2024/QH15;
Pursuant to the Government’s Decree No.
78/2025/ND-CP elaborating and providing measures and guidelines for
implementation of the Law on Promulgation of Legislative Documents, as amended
by the Decree No. 187/2025/ND-CP;
Pursuant to the Government’s Decree No.
115/2024/ND-CP elaborating and providing guidelines for implementation of the
Law on Bidding regarding selection of investors executing investment projects
involving land use, as amended by the Decree No. 17/2025/ND-CP and the Decree
No. 225/2025/ND-CP;
Pursuant to the Government’s Decree No.
56/2025/ND-CP elaborating the Law on Electricity regarding electricity
development planning, plan for development of electrical supply grids,
investment in and construction of electricity projects, and bidding for
selection of investors executing electricity projects, as amended by the Decree
No. 100/2025/ND-CP;
Pursuant to the Government’s Decree No.
40/2025/ND-CP defining functions, tasks, powers and organizational structure of
the Ministry of Industry and Trade of Vietnam, as amended by the Decree No.
109/2025/ND-CP and the Decree No. 193/2025/ND-CP;
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The Minister of Industry and Trade of Vietnam
promulgates a Circular providing amendments to the Circular No. 27/2024/TT-BCT
dated November 21, 2024 of the Ministry of Industry and Trade of Vietnam
prescribing bid evaluation criteria and forms of bidding documents for
selecting investors executing energy projects.
Article 1. Amendments to
Circular No. 27/2024/TT-BCT, as amended by Circular No. 32/2025/TT-BCT
1. Some clauses of Article 3 are amended as
follows:
a) Clause 2 is amended as follows:
“2. EOI requester means an agency,
organization or unit of or affiliated to Ministry of Industry and Trade of
Vietnam or provincial People's Committee; an agency or unit affiliated to an
economic zone management board (for a project located in an economic zone); or
a commune-level People's Committee that is assigned to carry out procedures for
invitation for EOIs (Expression of Interest).”.
b) Clause 3 is abrogated;
c) Clause 4 is amended as follows:
“4. Authorities making decision to conduct
bidding for investor selection include the Ministry of Industry and Trade
of Vietnam, provincial People's Committees, and Economic Zone Management
Boards.”.
2. Some clauses of Article 4 are amended as
follows:
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“2a. For a project applying simplified procedures
for direct appointment of investor as prescribed in point b clause 1 Article
44d of the Decree No. 115/2024/ND-CP, as amended by clause 18 Article 2 of the
Decree No. 225/2025/ND-CP, requirements concerning capacity and investment
efficiency in development of electricity sector are set out on the basis of
those contents specified in Appendix III enclosed herewith.”.
b) Clause 3 is amended as follows:
“3. A draft power purchase agreement which forms
part of the bidding documents shall be prepared on the basis of the main
contents of the power purchase agreement corresponding to the type of the power
plant promulgated by the Minister of Industry and Trade of Vietnam.”.
c) Clause 4 is amended as follows:
“4. In the forms provided in Appendixes I, II, and
III enclosed herewith, italicized text provides instructions and illustrative
provisions and shall be specified in detail in EOI request, bidding documents,
request for proposal according to the scale, nature, and specific conditions
(if any) of each project.”.
d) Clause 5 is abrogated.
3. The phrase “dự án đầu tư công trình năng lượng”
(“energy projects”) is replaced with the phrase “dự án đầu tư kinh doanh điện lực”
(“electricity business investment projects”) in clause 1, clause 2 and clause 3
Article 1; clause 2 Article 2; and heading of Article 4.
4. Some contents of Appendix I enclosed with the
Circular No. 27/2024/TT-BCT, as amended by Circular No. 32/2025/TT-BCT, are
amended in Appendix I enclosed herewith.
5. Some contents of Appendix II enclosed with the
Circular No. 27/2024/TT-BCT, as amended by the Circular No. 32/2025/TT-BCT, are
amended in Appendix II enclosed herewith.
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1. This Circular comes into force from January 15,
2026.
2. If the EOI request, bidding documents, or
request for proposal for projects have been approved but are yet to be issued
by the effective date of this Circular, EOI requesters, procuring entities, or
proposal requesters shall review, and make necessary modifications to such EOI
request, bidding documents, or request for proposal, and submit them to
competent persons to seek their approval in accordance with provisions of the
Law on Bidding, the Decree No. 115/2024/ND-CP, as amended by the Decree No.
225/2025/ND-CP, and this Circular.
3. If, within the period from the effective date of
the Decree No. 225/2025/ND-CP to before the effective date of this Circular,
the EOI request, bidding documents, or request for proposal for projects have
been issued in accordance with provisions of the Law on Bidding, the Decree No.
115/2024/ND-CP, and the Decree No. 225/2025/ND-CP, the investor selection shall
continue to be carried out according to such issued EOI request, bidding
documents, or request for proposal.
PP.
MINISTER
DEPUTY MINISTER
Nguyen Hoang Long
APPENDIX I
AMENDMENTS TO APPENDIX I ENCLOSED WITH CIRCULAR NO.
27/2024/TT-BCT
(Enclosed with the Circular No. 66/2025/TT-BCT dated December 31, 2025 of the
Minister of Industry and Trade of Vietnam)
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2. Table of abbreviations is replaced with the
following:
ABBREVIATIONS
ITI
Instructions to Investors
VNEPS
Vietnam National E-Procurement System
Application for project execution
Application for project execution
EOI request
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Bidding Law
The Law on Bidding No. 22/2023/QH15, as amended
by the Law No. 57/2024/QH15, and the Law No. 90/2025/QH15.
Decree No. 115/2024/ND-CP
The Government’s Decree No. 115/2024/ND-CP elaborating
and providing guidelines for implementation of the Law on Bidding regarding
selection of investors executing investment projects involving land use, as
amended by the Decree No. 17/2025/ND-CP and the Decree No. 225/2025/ND-CP.
3. Section 8 of the Form of Invitation for EOI is
amended as follows:
“8. Deadline for submission of applications for
project execution:
[specify date and time, provided that the period
from the issue date of the EOI request to the bid closing date must be at least
20 days.]”.
4. Sub-section 8 of Section 1.2 Chapter I Part 1 is
amended as follows:
“8. Deadline for submission of applications for
project execution:
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5. Section 3.1 Chapter I Part 1 is amended as
follows:
“3.1. If it is a domestic investor, it must
be an enterprise, cooperative, cooperative union, artel, public sector entity,
foreign-invested economic organization or another organization that is duly
established, registered and operating under the law of Vietnam. If it is a
foreign investor, it must be duly established, registered and operating under
the law of its home country;”.
6. Section 5.2 Chapter I Part 1 is abrogated.
7. Section 10.2 Chapter I Part 1 is amended as
follows:
“10.2. The investor shall be required to submit its
application for project execution on VNEPS before _________ [insert the
deadline (specific time and date) for submission of applications for project
execution, provided that the period from the issue date of the EOI request to
the bid closing date must be at least 20 days].”.
8. Section 16.1 Chapter I Part 1 is amended as
follows:
“16.1. The EOI requester shall receive all
applications for project execution submitted before the bid closing date which
is _________ [insert specific time and date, provided that the period from
the issue date of the EOI request to the bid closing date must be at least 20
days, and the bid closing time should not be set to the beginning of a business
day so as not to limit the submission of applications for project execution by
investors].
9. Section 20 Chapter I Part 1 is amended as
follows:
a) If one of the violations
in clauses 1, 2, 4 and point a clause 3 Article 16 of the Bidding Law is
committed, the prohibition period is 03 - 05 years;
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c) If one of the
violations in points a, b, c, d, dd and e clause 6 and clause 7 Article 16 of
the Bidding Law is committed, the prohibition period is from 06 months to 01
year.
20.3. For a
consortium, prohibition from participation in bidding for investor selection as
prescribed in Section 39.2 shall be subjected to the following provisions:
a) If one of the
violations in point c clause 3; clause 4; points b, c, d, dd clause 5; points
a, b, c, d, dd, e clause 6; clause 7 Article 16 of the Bidding Law is
committed, only the violating member of the consortium will be prohibited from
participation in bidding;
b) If one or some
members of the consortium commit a violation other than that prescribed in
point a of this section, all consortium members shall be prohibited from
participation in bidding.
20.4. The
prescriptive period for imposing the penalty that is prohibition from
participation in bidding for investor selection as prescribed in Section 20.2
is 10 years from the occurrence of the violation.
20.5. The Ministry
of Industry and Trade of Vietnam, or provincial-level People’s Committee shall
consider issuing a decision on prohibition from participation in bidding within
scope of their management within 15 days from their receipt of any of the
following documents:
a) A written request
accompanied by documents proving the violation provided by the procuring
entity;
b) Recommendations
included in the inspection record of an inspection agency or the examination record
of an examination team;
c) Petition
settlement results given by the Council in charge of petition settlement;
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20.6. A decision on
prohibition from participation in bidding shall, inter alia, include:
a) Name of the
violating entity;
b) Details of
violations, legal grounds for imposing penalties and corresponding prohibition
period for each violation; total prohibition period (if 02 or more violations
are committed); scope of prohibition;
c) Validity period
of the decision.”.
10. Point b Section 2.2 Chapter II Part 1 is
abrogated.
11. Section 2.3 Chapter II Part 1 is amended as
follows:
“2.3. The investor’s capacity shall be
preliminarily evaluated according to the following Table 01:
Table 01
PRELIMINARY CAPACITY REQUIREMENTS
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Contents
Requirements
Required equity
In order to be considered passed, the investor is
required to have the equity of at least(1): _____ [insert the value
in figures and in words. The required equity shall not be lower than 15% of
total investment capital]
Notes:
(1) The required equity shall be
determined on the basis of total investment capital (including total estimated
costs of execution and compensation, support and resettlement costs (if any)).
The investor’s equity shall be determined on these
grounds:
- Financial statements or report on the equity
which has been audited during the year; in case financial statements or report
on the equity which has been audited during the year is not available, those of
the previous year can be used in accordance with regulations of law on
enterprises, law on auditing, and law on accounting;
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If the investor participates in more than one
project and makes other long-term financial investments (if any) within the
same period of time, it shall be required to prepare and provide the list of
such projects and other long-term financial investments, and ensure that its
total equity is sufficient to make contributions to such projects and long-term
financial investments as committed.
The investor is obliged to provide information and
documents about their financial capacity using Form No. 05 in Chapter III –
Document forms used in EOI request response.”.
12. The phrases “kinh nghiệm” (“experience”), “và
kinh nghiệm” (“and experience”) and “tài liệu chứng minh kinh nghiệm thực hiện
dự án tương tự” (“documents proving experience in executing similar projects”)
in heading of Section 5, heading of Section 12, Section 12.2, point a Section
12.2, Section 14.1, Section 18.1, Section 18.2, Section 19.1 of Chapter I Part
1; Section 1.1, heading of Section 2, Section 2.1 of Chapter II Part 1; clause
2 Article 3 of Form No. 03 of Chapter III Part 1 are removed.
13. Form No. 04 Chapter III Part 1 is replaced with
the following:
“Form No. 04
PARTICULARS OF
THE INVESTOR AND ITS PARTNERS
……….[place],
…………………..[date]
I. Information about the investor/consortium
member(1)
1. Name of the investor/consortium member:
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3. Year of establishment:
4. Legal office address in the licensing country:
5. Information about the legal representative:
- Name:
- Address:
- Telephone/fax number:
- E-mail address:
6. Investor’s organizational chart.
II. Information about partners
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Name of the
partner(2)
Country of
registration
Role(3)
Legal
representative
Value
Contract signed
with the partner(4)
1
Company 1
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2
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Investor’s legal
representative
[full name,
title, signature and seal (if any)]
Notes:
(1) In case of consortium investor, each member of
the consortium shall be required to fill out this Form on their own. The
investor/consortium member shall submit this form enclosed with the photocopy
of one of the following documents: Enterprise registration certificate or
establishment decision or another document of equivalent validity issued by a
competent authority to the domestic investor; the document proving
establishment and operation of the foreign investor as prescribed by the
domestic law of its home country.
(2) Names of partners executing the project are
specified. If a partner’s identity is unavailable at the time of the investor's
response to the EOI request, the investor shall only provide information in the
"role" column. When a partner is selected to perform the declared
task after the investor is selected, that partner’s information must be
provided for the procuring entity.
(3) The role of each partner is specified.
(4) The investor shall insert the reference number
of the contract and provide the certified copy thereof. Any contract or written
agreement made with the partner must bear signatures of lawful representatives
of two parties. The lawful representatives of the parties shall be their legal
representatives or their authorized persons.”.
14. Form No. 06 in Chapter III Part 1 is abrogated.
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AMENDMENTS TO APPENDIX II ENCLOSED WITH CIRCULAR
NO. 27/2024/TT-BCT
(Enclosed with the Circular No. 66/2025/TT-BCT dated December 31, 2025 of the
Minister of Industry and Trade of Vietnam)
1. The phrase “dự án đầu tư công trình năng lượng”
(“energy projects”) is replaced with the phrase “dự án đầu tư kinh doanh điện lực”
(“electricity business investment projects”) in heading of Appendix II; Sections
36.1 and 36.4, Section 40.3, Sections 41.1 and 41.3 of Chapter I Part 1.
2. Table of abbreviations is replaced with the
following:
ABBREVIATIONS
BDS
Bid Data Sheet
ITI
Instructions to Investors
VNEPS
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Bid
Bid
BDs
Bidding documents
Bidding Law
The Law on Bidding No. 22/2023/QH15, as amended
by the Law No. 57/2024/QH15, and the Law No. 90/2025/QH15.
Decree No. 115/2024/ND-CP
The Government’s Decree No. 115/2024/ND-CP
elaborating and providing guidelines for implementation of the Law on Bidding
regarding selection of investors executing investment projects involving land
use, as amended by the Decree No. 17/2025/ND-CP and the Decree No.
225/2025/ND-CP.
3. Section 3.1 Chapter I Part 1 is amended as
follows:
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4. Section 12.2 Chapter I Part 1 is amended as
follows:
“12.2. Documents proving the investor’s
satisfaction of capacity requirements include:
a) Information on the investor’s capacity which is
provided using Forms No. 06 and 07 in Chapter IV – Bidding forms. In case the
currency specified in the documents proving the investor’s capacity and
experience is not the one specified in BDS, the investor shall, when preparing
the bid, carry out conversion to single currency for comparison of bids. Where
the direct quote is not available, an intermediary currency as prescribed in
BDS shall be used for conversion and declaration in the bid;
b) Other documents as prescribed in BDS.”.
5.
“b) The investor performs any of the prohibited
acts specified in Article 16 of the Bidding Law or commits violations against
the Bidding Law resulting in bid cancellation.”.
6. Point c is added following point b Section 31.1
Chapter I Part 1 as follows:
“c) In case of
international investor selection, any foreign investors making commitment to
transfer technologies to domestic investors or partners shall be given 2%
incentive during evaluation of their bids.”.
7. Section 33
Chapter I Part 1 is amended as follows:
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b. The word “, d” in
Section 33.2 is removed.
8. Some contents of
Section 38 Chapter I Part 1 are amended as follows:
“When an investor is found itself that its lawful
rights and interests are affected, it is entitled to make petition for review
of the matters arising during the investor selection process or investor
selection result to the procuring entity, the competent person, or the Council
in charge of petition settlement (Advisory Council) at the address stipulated
in BDS. Petitions for review of bidding-related matters shall be settled in
accordance with Article 89 of the Bidding Law and Article 61b, Article 61c,
Article 61d of the Decree No. 115/2024/ND-CP.”.
9. Some contents of
Section 39 Chapter I Part 1 are amended as follows:
39.2. In addition to the penalties prescribed in
Section 20.1 of IBI, depending on the nature and severity of the violation, the
entity that performs any of the prohibited acts prescribed in Article 16 of the
Bidding Law shall be prohibited from participation in bidding for a period from
06 months to 05 years. The violating entity,
including any employee of the competent authority, the EOI requester, the
procuring entity, expert team or appraisal team, shall be prohibited from
participation in bidding for the period of time as below:
a) If one of the
violations in clauses 1, 2, 4 and point a clause 3 Article 16 of the Bidding
Law is committed, the prohibition period is 03 - 05 years;
b) If one of the
violations in point c clause 3, clause 5 Article 16 of the Bidding Law is
committed, the prohibition period is 01 - 03 years;
c) If one of the
violations in points a, b, c, d, dd and e clause 6 and clause 7 Article 16 of
the Bidding Law is committed, the prohibition period is from 06 months to 01
year.
39.3. For a
consortium, prohibition from participation in bidding for investor selection as
prescribed in Section 39.2 shall be subjected to the following provisions:
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b) If one or some
members of the consortium commit a violation other than that prescribed in
point a of this section, all consortium members shall be prohibited from
participation in bidding.
39.4. The
prescriptive period for imposing the penalty that is prohibition from
participation in bidding for investor selection as prescribed in Section 39.2
is 10 years from the occurrence of the violation.
39.5. The Ministry
of Industry and Trade of Vietnam, or provincial-level People’s Committee shall
consider issuing a decision on prohibition from participation in bidding within
scope of their management within 15 days from their receipt of any of the
following documents:
a) A written request
accompanied by documents proving the violation provided by the procuring
entity;
b) Recommendations
included in the inspection record of an inspection agency or the examination
record of an examination team;
c) Petition
settlement results given by the Council in charge of petition settlement;
d) Other documents
indicating the violation given by regulatory authorities.
39.6. A decision on
prohibition from participation in bidding shall, inter alia, include:
a) Name of the
violating entity;
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c) Validity period
of the decision.”.
10. Section
41 Chapter I Part 1 is amended as follows:
a. Point b Clause
41.4 is amended as follows:
“b) The transferee
must meet relevant operational conditions set out in regulations of law
applicable to the business type of the economic organization, the Law on
Investment, the Law on Enterprises, the Land Law, the Law on Real Estate
Business and specialized sector or industry law; inherit rights and obligations
to execute the investment project as undertaken by the transferor in its bid
and the project contract.”.
b. Section 41.5 is
amended as follows:
“41.5. Transfer of
the business investment project and transfer of shares/stakes of the economic
organization as prescribed in clauses 3 and 4 Article 52 of the Decree No.
115/2024/ND-CP must be specified in the contract.
Based on terms and
conditions of the contract, the competent person shall consider approving the
application for transfer of the investment project involving land use or
transfer of shares/stakes of the economic organization.
If an application
for transfer is approved, the competent person shall assign the procuring
entity to review and modify the contract.”.
c. Section 41.9 is
amended as follows:
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11. Point b of ITI
Section 13 in the Bid Data Sheet of Chapter II Part 1 is amended as follows:
“b) Regarding society
- Description of the plan and funding for
compensation, support and relocation tasks as prescribed in the Land Law (if
any).
In case the investor is required to advance
funding for covering compensation, support and relocation costs, the bidding documents
must also include the rules for paying compensation, support and relocation
costs in accordance with regulations of the Land Law. The investor must provide
a commitment which is made using Form No. 8a in Chapter IV - Bidding forms
regarding voluntary advancing of funding for covering compensation, support and
relocation costs (advanced funding is used for covering compensation, support
and relocation costs) according to the requirements of the bidding documents of
the competent authority on the basis of the approved compensation, support and
relocation plan as prescribed in the Land Law;
- Description of the investor’s capacity of
providing social welfare for local workers by means of use of local workers,
human resource training, average income and average income growth rate;
provision of social assistance services for social protection beneficiaries or
other social welfare services provided by the investor for local area to meet
demands of local area where the project will be to executed;
- Regarding the description of the investment
project to be located in the land area on which there is property requiring
disposal in accordance with regulations of law on management and use of public
property and being public property of agency, organization or unit as
prescribed by law on management and use of public property (hereinafter
referred to as “property on land”), the selling of the property on land to the
investor or the investor’s return of the residual value of the property on land
to be demolished or destroyed in accordance with regulations of law on
management and use of public property must be specified in the bidding
documents. The investor must provide a commitment which is made using Form No.
8a Chapter IV - Bidding forms regarding payment of value of property on land as
determined in the bidding documents.”.
11. Headings of some
sections in the Bid Data Sheet of Chapter II Part 1 are replaced as follows:
a) “CDNDT 29.4
(a)” is replaced with “CDNDT 29.2 (a)”.
b) “CDNDT 29.4
(b)” is replaced with “CDNDT 29.2 (b)”.
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12. Section 2 Chapter III Part 1 is amended as
follows:
“Section 2. Capacity evaluation
2.1. Evaluation methodology
2.1.1. Capacity shall be evaluated by scoring.
The required minimum score of a sub-criterion of
capacity is at least ___ % of its maximum score [specify the percentage (%)
which is at least 60%].
The required minimum score of a criterion of
capacity is at least ___ % of its maximum score [specify the percentage (%)
which is at least 50%].
2.1.2. For a consortium investor:
a) The equity of a consortium investor is the sum
of equity amounts of all members of the consortium, and each member shall meet
the requirements corresponding to its contribution to the consortium's equity
under the consortium agreement. Any investor acting as the lead member of
the consortium must make a capital contribution equaling at least 30% of the
consortium’s equity while each member of the consortium must make a capital contribution
equaling at least 15% of the consortium’s equity;
b) The borrowed capital of a consortium investor is
the sum of borrowed capital amounts of all members of the consortium;
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If the invitation for EOI procedures for a business
investment project have been carried out and there are at least two investors
meeting the requirements of the EOI request, the capacity evaluation criteria
set out in the bidding documents must be updated and modified on the basis of
the approved EOI request and documents used as the basis for approval of the
bidding documents.
2.2.1. The investor’s capacity shall be evaluated
according to the following Table 01:
Table 01
CAPACITY
EVALUATION CRITERIA
No.
Evaluation
criteria
Maximum score
Sub-scores (1)
Required
minimum score
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Required
documents
I. Financial capacity, capital arrangement
capacity
1.1
Equity
The investor is required to have the equity of at
least(2): _____ [insert the investor’s equity value in figures
and in words according to Section 1.3 of BDS. The required equity shall not
be lower than 15% of total investment capital].
Form No. 06
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Total amount of equity and
borrowed capital of the investor (3)
The minimum sum of equity and
borrowed capital to be raised by the investor is:___ [insert the value as
prescribed in Section 1.3 of BDS]
Form
No. 06, Form No. 07
1.3
Other financial indicators (if any)
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Notes:
(1) The procuring entity or expert team shall
stipulate specific score for each criterion.
(2) The required equity shall be determined on the
basis of total investment capital (including total estimated costs of project
implementation, and compensation, support and resettlement costs (if any)).
The investor’s equity shall be determined on these
grounds:
- Financial statements or report on the equity
which has been audited during the year; in case financial statements or report
on the equity which has been audited during the year is not available, those of
the previous year can be used in accordance with regulations of law on
enterprises, law on auditing, and law on accounting;
- The equity of an enterprise whose operating
period is fewer than 12 months shall be determined on the basis of its paid-in
charter capital as prescribed by the law on enterprises.
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At the time of conclusion of the project contract,
the successful investor shall provide the competent authority with documents
proving its financial capacity.
The investor shall provide information and
documents proving its financial capacity by filling Form No. 06 in Chapter IV -
Bidding forms, and make commitments on mobilization of equity using Form No. 07
in Chapter IV – Bidding forms.
(3) The investor shall make commitment on borrowed
capital using Form No. 07 in Chapter IV – Bidding forms. The investor shall
also provide the financial guarantee given by a bank or credit institution in
respect to the remaining financial obligations (in addition to the equity) to
be fulfilled by the investor.
13. Section 3.2.2 Chapter III Part 1 is amended as
follows:
“3.2.2. Social evaluation criteria
a) Requirements concerning the plan and funding
for compensation, support and relocation tasks as prescribed in the Land Law
(if any)
In case the investor is required to advance
funding for covering compensation, support and relocation costs, the bidding documents
must also include the rules for paying compensation, support and relocation
costs in accordance with regulations of the Land Law. The investor must provide
a commitment which is made using Form No. 8a in Chapter IV - Bidding forms
regarding voluntary advancing of funding for covering compensation, support and
relocation costs (advanced funding is used for covering compensation, support
and relocation costs) according to the requirements of the bidding documents of
the competent authority on the basis of the approved compensation, support and
relocation plan as prescribed in the Land Law;
b) Requirements concerning provision of social
welfare for local workers by means of use of local workers, human resource
training, average income and average income growth rate; provision of social
assistance services for social protection beneficiaries or other social welfare
services provided by the investor for local area to meet demands of local area
where the project will be to executed;
c) Regarding requirements for the investment
project to be located in the land area on which there is property requiring
disposal in accordance with regulations of law on management and use of public
property and being public property of agency, organization or unit as prescribed
by law on management and use of public property (hereinafter referred to as
“property on land”), the selling of the property on land to the investor or the
investor’s return of the residual value of the property on land to be
demolished or destroyed in accordance with regulations of law on management and
use of public property must be specified in the bidding documents. The investor
must provide a commitment which is made using Form No. 8a Chapter IV - Bidding
forms regarding payment of value of property on land as determined in the
bidding documents.”.
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“c) The accepted electricity price which is the
winning bid shall the maximum electricity price serving as the basis for the
Buyer to negotiate the price of the power purchase agreement; enter into the
power purchase agreement with the successful investor in accordance with
regulations of law in force.
Negotiation of the power purchase agreement
shall be carried out on the basis of the regulations on methods for determining
electricity generation service prices issued by the Minister of Industry and
Trade of Vietnam.
For the variable cost components of thermal
power plants, the price of the primary fuel in the base year of the power
purchase agreement shall not exceed the price of the primary fuel proposed by
the investor in its bid.
The price of the power purchase agreement of the
power plant in the base year which serves as the basis for comparison of the
selected electricity price (winning bid) shall be calculated on the basis of
cost components corresponding to such cost components used in calculating
electricity generation price bracket.”.
15. Clauses 5 and 6 are added following clause 4
Section 4 of Chapter III Part 1 as follows:
“5. Upon completion of the bid evaluation, if there
are at least two investors achieving the same combined score which is also the
highest score, the investor having experience in executing similar projects
shall be prioritized according to the following rules:
a) The procuring entity requests investors to
submit documents proving their experience in executing similar projects. The
investor that has included such documents proving its experience in its bid
shall provide updated or additional documents.
b) The procuring entity shall consider and evaluate
to determine the investor with the most relevant experience in executing
similar projects.
c) The investor with the most relevant experience
in executing similar projects shall be considered successful and awarded the
contract.
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16. The phrases “kinh nghiệm” (“experience”), “và
kinh nghiệm” (“and experience”) and “tài liệu chứng minh kinh nghiệm thực hiện
dự án tương tự” (“documents proving experience in executing similar projects”)
in Section 10. 1, heading of Section 12, contents of Section 22, Sections 25. 1
and 25. 2, Section 29. 2, Sections 32. 2 and 32. 5 of Chapter I Part 1; ITI
Section 25.1 and ITI Section 29. 4 (a) of Chapter II Part 1; point b Section 1.
1, clause 1, clause 2 and point b clause 3 Section 4 of Chapter III Part 1 are
removed.
17. Form No. 05 in Chapter IV is replaced with the
following:
Form No. 05
PARTNER
INFORMATION SHEET(1)
Information about partners
No.
Name of the
partner(2)
Country of
registration
Role(3)
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Value
Contract signed
with the partner(4)
1
Company 1
[Financing organization]
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…..
Investor’s legal
representative
[full name,
title, signature and seal (if any)]
Notes:
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(2) Names of partners executing the project are
specified. If a partner’s identity is unavailable at the time of bid
submission, the investor shall only provide information in the "role"
column. When a partner is selected to perform the declared task after the
investor is selected, that partner’s information must be provided for the
procuring entity.
(3) The role of each partner is specified.
(4) The investor shall insert the reference number
of the contract and provide the certified copy thereof. Any contract or written
agreement made with the partner must bear signatures of lawful representatives
of two parties. The lawful representatives of the parties shall be their legal
representatives or their authorized persons.
18. Form No. 08 is abrogated, and Form No. 8a is
added following Form No. 07 in Chapter IV Part 1 as follows:
Form No. 8a
COMMITMENT TO
VOLUNTARY ADVANCE FUNDING FOR COVERING COMPENSATION, SUPPORT AND RELOCATION
COSTS, RETURN VALUE OF PROPERTY ON LAND(1)
1. After studying the bidding documents for the
project ____ [insert the project's name], we, ____ [insert the
investor's name] hereby undertake that:
[Contents of the commitment include one or some
of the following tasks:
a) Voluntarily advance funding for covering
compensation, support and relocation costs;
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2. If winning the bid, we hereby covenant to make
full payment specified in Section 1 hereof according to the schedule and
requirements set out in the project contract with an amount determined by the
competent authority in accordance with regulations of the Land Law, and the law
on management and use of public property.
Bidder’s lawful
representative
[full name, title, signature and seal (if any)]
Notes:
(1) This Form is filled out if the investment
project is to be located in the land area for which compensation, support and
relocation costs are incurred upon expropriation in accordance with regulations
of the Land Law, or on the land area on which there is property in accordance
with regulations of law on management and use of public property.
19. The phrase “theo quy định tại điểm d Mục 33.1
CDNDT của hồ sơ mời thầu” (“as prescribed in point d of ITI Section 33.1 of the
bidding documents”) in Section 2 Form No. 10 of Chapter IV Part 1 is removed.
20. Form No. 11 in Chapter IV Part 1 is abrogated.
APPENDIX III
REQUIREMENTS REGARDING CAPACITY AND INVESTMENT
EFFICIENCY IN DEVELOPMENT OF ELECTRICITY SECTOR
(Enclosed with the Circular No. 66/2025/TT-BCT dated December 31, 2025 of
the Minister of Industry and Trade of Vietnam)
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Table 01
CAPACITY
EVALUATION CRITERIA
No.
Evaluation
criteria
Requirements
Notes
1
Equity
The investor is required to
have the equity of at least(1): _____ [insert the investor’s equity
value in figures and in words. The required equity shall not be lower than
15% of total investment capital].
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2
Total amount of equity and
borrowed capital of the investor (2)
The minimum sum of equity and
borrowed capital to be raised by the investor is:___ [insert the value in
figures and in words].
3
Other financial indicators (if
any)
Notes:
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The investor’s equity shall be determined on these
grounds:
- Financial statements or report on the equity
which has been audited during the year; in case financial statements or report
on the equity which has been audited during the year is not available, those of
the previous year can be used in accordance with regulations of law on
enterprises, law on auditing, and law on accounting;
- The equity of an enterprise whose operating
period is fewer than 12 months shall be determined on the basis of its paid-in
charter capital as prescribed by the law on enterprises. If the investor
participates in more than one project and makes other long-term financial
investments (if any) within the same period, it shall be required to prepare
the list of ongoing projects and other long-term financial investments, and
ensure that its total equity is sufficient to make contributions to such
projects and long-term financial investments as committed.
At the time of conclusion of the project contract,
the investor shall provide the competent authority with documents proving its
financial capacity.
The investor shall provide information and
documents proving its financial capacity using Form No. 06, and make
commitments on mobilization of equity using Form No. 07 in Appendix II enclosed
with the Circular No. 27/2024/TT-BCT, as amended by the Circular No.
32/2025/TT-BCT.
(2) The investor shall make commitments on mobilization
of borrowed capital using Form No. 07 in Appendix II enclosed with the Circular
No. 27/2024/TT-BCT, as amended by the Circular No. 32/2025/TT-BCT. The investor
shall also provide the financial guarantee given by a bank or credit
institution in respect to the remaining financial obligations (in addition to
the equity) to be fulfilled by the investor.
2. Requirements regarding investment efficiency in
development of electricity sector
[The procuring entity, expert team shall
determine criteria for evaluation of investment efficiency in development of
electricity sector. To be specific:
2.1. For a power project applying the
electricity generation price bracket announced by the Ministry of Industry and
Trade of Vietnam, investment efficiency in development of electricity sector
shall be evaluated on the basis of the electricity price as follows:
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The successful investor shall enter into
negotiation of the electricity price and the power purchase agreement with the
Buyer on the basis of the regulations on methods for determining electricity
generation service prices issued by the Minister of Industry and Trade of
Vietnam.
2.2. For projects for which the price bracket
announced by the Ministry of Industry and Trade of Vietnam is not available
(including small-scale renewable energy projects applying the avoidable cost
tariff; power projects applying electricity purchase pricing mechanisms set out
in documents issued by competent authorities), the following provisions shall
apply:
a) The investment efficiency in development of
electricity sector shall be evaluated on the basis of the minimum cash payment
annually made to state budget. The value proposed by the investor shall not be
lower than the minimum value required by the procuring entity;
b) The value specified in point a of this clause
is separated from the investor’s obligations to state budget as prescribed by
law;
c) Payment of the value specified in point a of
this clause to state budget shall be subject to the following provisions: the
cash payment annually made to state budget shall be determined on the basis of
the value proposed by the investor in its proposal; method, schedule and
deadline for payment of the value specified in point a of this clause are
specified in the business investment project contract].