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MINISTRY OF
PLANNING AND INVESTMENT
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SOCIALIST REPUBLIC
OF VIETNAM
Independence - Freedom - Happiness
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No. 2187/VBHN-BKHDT
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Hanoi, April 16,
2021
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DECREE
ELABORATION
OF SOME ARTICLES OF THE LAW ON BIDDING ON INVESTOR SELECTION
The Government’s Decree No. 25/2020/ND-CP
dated February 28, 2020 on elaboration of some Articles of the Law on Bidding
on investor selection comes into force on April 20, 2020 and is amended by:
1. The Government’s Decree No. 35/2021/ND-CP
dated March 29, 2021 elaborating the Law on Investment regarding PPP
investments, which comes into force from March 29, 2021.
2. The Government’s Decree No. 31/2021/ND-CP
dated March 26, 2021 elaborating some Articles of the Law on Investment, which
comes into force from March 26, 2021.
Pursuant to the Law on Government
Organization dated June 19, 2015;
Pursuant to the Law on Bidding dated November
26, 2013;
Pursuant to the Law on Public - Private
Partnership Investment dated June 18, 2020;
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Pursuant to the Law on Public Investment
dated June 13, 2019;
Pursuant to the Law on Land dated November
29, 2013;
At the request of the Minister of Planning
and Investment;
The Government promulgates a Decree on
elaboration of some Articles of the Law on Bidding on investor selection.[1]
Chapter I
GENERAL
PROVISIONS
Article 1. Scope and
regulated entities
1. Scope
This Decree elaborates some Articles of the
Law on Bidding on selection of investors in the following projects:
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b) [3]
Investment projects using land for construction of urban areas; construction of
civil works having one or more functions, including commercial housing; office
buildings; commercial and services works;
c) Projects other than those mentioned in
Point a and Point b of this Clause but still have to undergo bidding according
to relevant laws and laws on private investment.
2. Regulated entities
a) Organizations and individuals that
participate or are involved in selection of investors in the projects specified
in Clause 1 of this Article.
b) Organizations and individuals whose
investor selection activities are not regulated by this Decree may choose to
apply regulations of this Decree. In this case, specify the contents that apply
the Law on Bidding, this Decree and other laws to ensure fairness, transparency
and efficiency.
Article 2. Assurance
of competitiveness in bidding
An investor is considered legally and
financially independent from the advisory contractor, the competent
authorities, the procuring entity as prescribed in Clause 4 Article 6 of the
Law on Bidding when the following conditions are fully satisfied:
1. The investor is not holding shares of
stakes of the following advisory contractors:
a) The advisory contractor specialized in
validation of the pre-feasibility study, feasibility study, design document,
cost estimate;
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2. The investor and the advisory contractor
mentioned in Clause 1 of this Article is holding less than 30% of the other’s
shares/stakes.
In case the investor or advisory contractor
is a partnership, the holdings of other organizations and individuals in the
partnership shall be equal to the total holdings of the members of the
partnership.
3. The competent authority and the procuring
entity is holding not more than 49% of the share/stake in the investor.
In case the investor is a partnership, the
holding of the competent authority or the procuring entity in the partnership
shall be calculated as follows:
Where:
Xi: holding of the competent
authority or procuring entity in partnership member i
Yi: capital contribution ratio of
member i in the partnership agreement.
n: quantity of members in the partnership.
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Article 4. Publishing
bidding information
1. Responsibility to publish bidding
information on Vietnam National E-Procurement System (VNEPS):
a) Ministries, ministerial agencies,
governmental agencies, the People’s Committees of provinces and competent
persons shall publish the regulations in Point g and Point h Clause 1 Article 8
of the Law on Bidding;
b) [6]
(annulled);
c) [7]
Department of Planning and Investment shall publish information about
land-using projects, extension or change of deadline for applying (if any),
capacity profile evaluation, experience of each applicants according to Clause
1.i and 1.l Article 8 of the Law on Bidding;
d) [8]
The procuring entity shall publish the information specified in Point b, c, d
and dd Clause 1 Article 8 of the Law on Bidding and information about change in
bid closing time (if any); information about contracts for land-using projects
specified in Clause 1.l Article 8 of the Law on Bidding;
d) Investors shall update information about
their capacity and experience to the investor database in accordance with
Clause 1.d Article 5 and Clause 1.k Article 8 of the Law on Bidding.
2. Information about projects on the list of
state secrets shall be published in accordance with state secret protection
laws.
3. When invalid information is found, the
Ministry of Planning and Investment shall post a notice on VNEPS and the
information provider shall make adjustments accordingly.
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This Clause does not apply to projects
belonging to prohibited business lines in accordance with regulations of law on
investment.
5. [10]In
addition to the responsibility to publish the information specified in Clause
1.d of this Article, the procuring entity shall publish the invitation to bid
in both English and Vietnamese on the website of the People’s Committee of the
province (if any) or on an English newspaper published in Vietnam.
Article 5. Bidding
information publishing duration
1. [11]For
the information specified in Point b and Point c Clause 1 Article 8 of the Law
on Bidding, the procuring entity shall issue bidding documents together with
the invitation to bid on VNEPS.
2. The information specified in Points a, d,
dd, g, h, i, l Clause 1 Article 8 of the Law on Bidding shall be published
within 07 working days from the issuance date of the document.
3. Within 02 working days from the day on
which the any of the information mentioned in Points b, c, d, dd, g Clause 1
Article 8 of the Law on Bidding is posted on VNEPS, Vietnam Public Procurement
Review Journal (VPPR) shall publish it on 01 issue.
Article 6. Points of
time during investor selection process
1. The investor selection plan shall be
validated within 20 days from the receipt of adequate documents, and approved
within 10 days from the receipt of the validation report.
2. The time limit for an investor to prepare
the capacity profile and submit the bid shall be 30 days from the day on which
the project list is posted.
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4. [13]
(annulled)
5. The time limit for preparing the proposal
shall be at least 30 days from the first day on which the request for proposals
is issued to the bid closing date. Investors shall submit their proposals
before bid closing time.
6. The time limit for preparing the bid shall
be at least 60 days for domestic bidding or 90 days for international bidding
from the first day on which the bidding documents are issued to the bid closing
date. Investors shall submit their bids before bid closing time.
7. [14]Any
revisions to the bidding documents shall be sent to bidders that received
bidding documents at least 15 days for domestic bidding or 25 days for
international bidding before the bid closing date; at least 10 days before the
bid closing time for revisions to the request for proposals. In case the
revisions are not sent by the deadline specified in this Clause, the procuring
entity shall delay the bid closing time to allow enough time for sending
revisions to the bidding documents or request for proposals.
8. The procuring entity shall send the notice
of investor selection result to the investors by post or fax within 05 working
days from the day on which the result is approved.
9. [15]
(annulled)
10. The competent person shall decide other
time limits according to Appendix I hereof and take responsibility for the
punctuality and quality of investor selection tasks.
Article 7. Investor
selection costs
1. [16]For
domestic bidding, the selling price (inclusive of tax) shall not exceed
20.000.000 VND for a set of bidding documents or request for proposals; For
international bidding, the selling price (inclusive of tax) shall not exceed
30.000.000 VND for a set of bidding documents or request for proposals.
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3. Costs of preparation and validation of
bidding documents and request for proposals; evaluation of bids and proposals;
validation of investor selection result:
a) The cost of preparation of bidding
documents or request for proposals shall be 0,05% of the total investment but
shall not be smaller than 10.000.000 VND or greater than 200.000.000 VND;
b) The cost of validation of bidding
documents or request for proposals and validation of investor selection result
shall be 0,02% of the total investment but shall not be smaller than 10.000.000
VND or greater than 100.000.000 VND;
c) The cost of evaluation of bids or
proposals shall be 0,03% of the total investment but shall not be smaller than
10.000.000 VND or greater than 200.000.000 VND.
4. [18]For
re-selection of investors and similar projects of the same competent
authorities and procuring entity, the costs of preparation and and validation
of prequalification documents, preparation and validation of bidding documents
or request for proposals shall be 50% of the costs mentioned in Clause 2 and
Clause 3 of this Article. In case of re-selection of investors, inclusion of
these costs in investment preparation costs must be considered.
5. The costs specified in Clauses 2, 3, 4 of
this Article apply when the competent authority and procuring entity directly
carry out investor selection. In case a counselor is hired to perform the tasks
in Clauses 2, 3 and 4 the costs depend on the volume and duration of work, the
counselor’s capacity, experience and wage, and other elements.
In case the counsellor’s wage is not
specified, it will be determined according to the wages paid to counselors of
similar projects over a specifiec period of time or in the total investment.
6. The cost of payment for the counsellors on
settlement of investors’ petitions against the investor selection result shall
be 0,02% of total investment of the complaining investors but shall not be
smaller than 20.000.000 VND or greater than 200.000.000 VND.
7. The Ministry of Planning and Investment
shall provide guidance on the costs of publishing bidding information,
participation in VNEPS, management and use of revenues from collection of these
costs.
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Article 8. [19] (annulled)
Article 9. [20] (annulled)
Article 10. Selection
of investors in land-using projects
1. International competitive bidding shall be
carried out if the project fully satisfies the following requirements:
a) The total estimated cost of the project
(excluding cost of compensation, assistance and relocation, land levy, land
rent) is at least 800.000.000.000 VND;
b) At least two investors are qualified in
terms of capacity and experience as prescribed in Clause 3 Article 13 of this
Decree, including at least one foreign investor;
c) It is not any of the cases specified in
Point a and Point c Clause 2 a of this Article.
2. Domestic competitive bidding shall be
carried out in the following cases:
a) [21]
The project belongs to a prohibited business line as prescribed by the Law on
Investment;
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c) The project involves national defense or
security matters under decision of the Prime Minister at the request of a
competent authorities and consensus with the Ministry of National Defense (for
national defense matters) or the Ministry of Public Security (for security
matters).
3. Direct contracting is applied as
prescribed in Point b Clause 4 Article 22 of the Law on Bidding.
Article 11.
Identification of land-using project [22]
A land-using investment project is subject to
investor selection uses land if it satisfies the following conditions:
1. The project is the one specified in Point
b Clause 1 Article 1 of this Article but does not use public investment capital
to construct works. Projects on construction of urban areas and commercial
housing; office buildings; commercial and services works shall be classified in
accordance with regulations of law on construction. In the case of a project
having multiple functions, the determination of whether the project uses land
shall be carried out based on its main work or main work at the highest level
if the project has multiple main works in accordance with regulations of law on
construction.
2. The project is on the approved list of
projects on land that needs expropriating in accordance with regulations of law
on land, located in a land area that is currently being managed or used by the
State but will be allocated or leased out by the provincial People’s Committee
or economic zone management board to the approved investor.
3. The project belongs to a residential
housing development program or plan in accordance with regulations of law on
housing; an urban development program (if any) in accordance with regulations
of law on urban development.
4. The project conforms to the socio-economic
development plan or construction planning on a scale of 1/2.000 or 1/500 (if
any); or the urban zoning planning a scale of 1/2.000 or 1/5.000 as prescribed
by law.
5. The project is not qualified to hold a
land use right auction in accordance with regulations of law on land.
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Article 12. List of
of land-using projects[23]
1. The project specified in Article 11 of
this Decree shall be incorporated into the list of land-using investment
projects. To be specific:
a) For the project subject to approval for
its investment guidelines in accordance with regulations of law on investment,
the decision on approval for investment guidelines also serves as the decision
on approval for the list of land-using investment projects.
According to the decision on approval for
investment guidelines under regulations of law on investment, the Department of
Planning and Investment shall cooperate with relevant authorities in
determining preliminary requirements on the investor’s capacity and experience,
and submit a report to the President of the provincial People’s Committee for
approval prior to announcing the list of projects. For the project executed in
a economic zone, the economic zone management board shall determine and approve
preliminary requirements on the investor’s capacity and experience prior to
announcing the list of projects.
b) For the project not subject to approval
for its investment guidelines in accordance with regulations of law on
investment, the compilation and approval of the list of land-using investment
projects shall comply with Clauses 2 and 3 of this Article.
2. Compile a list of land-using projects
regarding the project not subject to approval for its investment guidelines in
accordance with regulations of law on investment:
a) If the project is set up by a specialized
agency affiliated to the provincial People’s Committee or agency affiliated to
the provincial or district-level People's Committee:
The specialized agency affiliated to the
provincial People’s Committee or agency affiliated to the provincial or
district-level People's Committee shall prepare and submit a land-using
investment project proposal to the Department of Planning and Investment for
consolidation. The proposal shall contain the project’s name; objectives;
scale; total estimated cost of project execution, investment capital; capital
raising plan; investment duration and schedule; information about current use
of land in the project location, expected demand for land use (if any);
purposes of land; approved planning criteria; language used to publish the list
of projects; analysis of socio-economic efficiency of the project, assurance of
national defense and security assurance, and sustainable development of the
project and preliminary requirements on the investor’s capacity and experience.
b) If the project is proposed by an investor:
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- A written request for permission to execute
the land-using project, including a commitment to bear all the costs and risks
if the proposal is rejected;
- Contents of the project proposal shall
contain the project’s name; investment objectives; investment scale; total
estimated cost of project execution, investment capital; capital raising plan;
investment duration and schedule; analysis of socio-economic efficiency of the
project, assurance of national defense and security assurance, and sustainable
development of the project;
- The proposal for expected demand for land
use; information about current use of land in the project location (if any);
purposes of land; approved planning criteria;
- Documents about the investor’s legal
status, capacity and experience;
- Other documents (if any) required to
explain the project proposal.
3. Approve the list of land-using investment
projects:
a) Within 30 days from the receipt of the
project proposal specified in Point a or b Clause 2 of this Article, the
Department of Planning and Investment shall cooperate with relevant authorities
in compiling the list of land-using investment projects; assessing the
satisfaction of the conditions for determining whether an investment project
uses land prescribed in Article 11 of this Decree; determine preliminary
requirements on the investor’s capacity and experience, and submit a report to
the President of the provincial People’s Committee. Where necessary, the
duration of implementation may be extended upon request.
b) Within 10 days from the receipt of the
report, the the President of the provincial People’s Committee shall consider
approving the list of land-using investment projects, including the preliminary
requirements on the investor’s capacity and experience.
4. Announce the list of projects”
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b) Information to be published includes:
- Project’s name; investment objectives;
investment scale; total estimated cost of project execution, investment
capital; capital raising plan; investment duration and schedule;
- Current use of land in the project
location, area of land used for project execution; purposes of land; approved
planning criteria;
- Preliminary requirements on the investor’s
capacity and experience;
- Deadline for the investor to submit the
application for registration of project execution;
- The investor shall submit the application
for registration of project execution through VNEPS;
- Other necessary information.
Article 13.
Preparation, submission and preliminary assessment of capacity and experience
of investors[24]
1. Investors shall prepare and submit an
application for registration of project execution on VNEPS according to the
information published according to Point b Clause 4 Article 12 of this Decree. The
application for registration of project execution shall include the application
form; documents about the investors’ legal status, capacity, experience, and
other relevant documents (if any).
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3. According to the result of preliminary
assessment of capacity and experience, the authority specified in Clause 2 of
thus Article shall make a submission to the President of the provincial
People's Committee or the economic zone management board (for the project
executed in an economic zone) for decision to organize the implementation in
one of the cases specified in Clauses 4, 5 and 6 of this Article.
4. If two investors or more satisfy
preliminary requirements on capacity and experience:
a) The President of the provincial People’s
Committee shall issue a decision to carry out competitive bidding as prescribed
in Clause 1 or Clause 2 Article 10 of this Decree and assign a specialized
agency affiliated to the provincial People’s Committee or the district-level
People’s Committee to act as the procuring entity.
b) The head of the economic zone management
board shall issue a decision to carry out competitive bidding as prescribed in
Clause 1 or Clause 2 Article 10 of this Decree and assign an unit affiliated to
the economic zone management board to act as the procuring entity with regard
to the project executed in the economic zone.
5. If only one investor carries out the
registration and satisfies preliminary requirements on capacity and experience
or multiple investors carry out the registration but only one investor
satisfies preliminary requirements on capacity and experience, it is required
to follow the procedures for investor approval in accordance with regulations
of law on investment.
6. Under the competent authority’s decision
and approval specified in Clauses 4 and 5 of this Article, the Department of
Planning and Investment or economic zone management board (for the project
executed in an economic zone) shall publish a list of qualified investors on VNEPS
or send a notification of completion of procedures for announcing the list of
projects if there is not any investor satisfying preliminary requirements on
capacity and experience.
Article 14. Retention
of bidding information
1. All documents releant to the process of
investor selection shall be retained for at least 03 years after the project
execution contract is terminated, except for the documents specified in Clause
2, 3, 4 of this Article.
2. Financial - commercial proposals of
investors that fail the technical evaluation shall be returned as is to them
together with the return or release of bid security paid by unsuccessful
investors. In case an investor refuses to receive the documents, the procuring
entity shall consider destroying them while ensuring confidentiality of
information therein.
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4. Documents about finalization of the
project execution contract and successful investors shall be retained in
accordance with regulations of law on document retention.
Article 15. Team of
experts
1. Participants in the expert team shall have
bidding practitioner’s certificate under the roadmap specified by the Ministry
of Planning and Investment, except for those specified in Clause 3 and Clause 4
of this Article.
2. Depending on the nature and complexity of
the project, the expert team may consists of experts in technology, finance,
commerce, administration, law, land and relevant fields.
3. An individual who is not one of those
specified in Clause 2 Article 16 of the Law on Bidding and wishes to
participate in an expert team shall have:
a) A certificate of training in bidding;
b) Have professional knowledge relevant to
the project;
c) Have foreign language skills suitable for
the project;
d) Be conversant with specific contents of
the project;
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4. In special cases where opinions of experts
in certain fields are needed, they are not required to have the certificate of
training in bidding.
5. Training in bidding for investor selection
shall be carried out in accordance with bidding laws.
Article 16. Investor
selection under relevant laws and laws on private sector involvement
1. [25]
Selection of investors in the projects specified in Point c Clause 1 Article 1
of this Decree shall be carried out as follows:
a) The list of projects (including
preliminary requirements on capacity and experience) must be approved and made
publicly available on VNEPS, serving as the basis for determination of
investors interested in and submitting applications for registration of project
execution.
b) If there are two investors or more
satisfying the preliminary requirements on capacity and experience, the bidding
shall be held by applying the competitive bidding process, including:
- Preparation for investor selection;
- Organization of investor selection;
- Assessment of the technical proposal;
appraisal and approval of the list of technically qualified investors;
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- Submission, appraisal, approval and
publishing of investor selection results;
- Negotiation, completion and execution of a
contract.
c) If only one investor carries out the
registration and satisfies preliminary requirements on capacity and experience
or multiple investors carry out the registration but only one investor
satisfies preliminary requirements on capacity and experience, it is required
to follow the procedures for investor approval in accordance with regulations
of law on investment.
d) If there is not any investor satisfying
preliminary requirements on capacity and experience, it is required complete
the procedures for announcing the list of projects.
2. Responsibility for investor selection
shall be assigned in accordance with the Law on Bidding and thid Decree, unless
otherwise prescribed by investment laws, relevant laws and private investment
laws.
3. [26]Regarding
the projects specified in Point c Clause 1 Article 1 of this Decree,
Ministries, ministerial agencies and Governmental agencies shall, according to
special legislation, promulgate or request the Prime Minister to promulgate
regulations on compilation, approval and announcement of the list of projects;
methods and standards for bid evaluation, proposals and other contents (if
any), ensuring competitiveness, fairness, transparency and economic effect.
Chapter II
INVESTOR
SELECTION PLAN[27]
Section 1[28]
(annulled)
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Article 24.
Preparation of investor selection plan
1. Basis for preparation of investor
selection plan:
a) [29]
(annulled)
b) [30]
For a land-using project:
- The decision on approval for investment
guidelines (for projects subject to approval for investment guidelines
according to investment laws) or the decision on approval for the list of
land-using projects (for projects not subject to approval for investment
guidelines according to investment laws);
- The decision to apply competitive bidding;
- Relevant documents (if any).
2 . On the basis of the documents specified
in Clause 1 of this Article, the procuring entity shall prepare the investor
selection plan and submit it to a competent person and the validating unit.
3. The documents to be submitted include:
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b) The table for monitoring progress of
investor selection tasks as prescribed in Clause 10 Article 6 and Point h
Clause 1 Article 8 of this Decree;
c) Enclosures including photocopies of the
documents mentioned in Clause 1.
Article 25. Contents
of investor selection plan
1. The project’s name.
2. [31]Preliminary
total investment and capital for a PPP project; estimated total cost of the
project, cost of compensation, assistance and relocation, land levy, land rent
of a land-using project.
3. [32](annulled)
4. Methods and types of investor selection:
a) [33]
The method of investor selection shall be determined in accordance with Article
20, 22 and Article 26 of the Law on Bidding, and and Article 10 of this Decree;
b) The type of investor selection shall be
either single stage one envelop (SSOE) or single-stage two-envelop (SSTE)
procedure as prescribed ion Article 28 or Article 29 of the Law on Bidding.
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The investor selection process shall be
initiated when the bidding documents or request for proposals are issued, which
is a specific month or quarter of the year.
6. Type of contract:
a) [34]
(annulled)
b) For a land-using project, the type of
contract shall be a land-using project contact.
7. Contract duration:
Contract duration is the number of years or
months from the effective date of the contract to the date on which the parties
fulfill their contractual obligations.
Article 26.
Validating and approving the investor selection plan
1. Validating the investor selection plan:
a) Validation includes the validation and
assessment of the contents specified in Article 25 of this Decree;
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2. On the basis of the validation report, the
competent person shall issue a decision to validate the investor selection plan
and a table for monitoring progress of investor selection tasks as the basis
for initiation of the investor selection process.
Chapter III[35] (annulled)
Chapter IV
COMPETITIVE
BIDDING FOR SELECTION OF INVESTORS IN LAND-USING PROJECTS
Section 1. Detailed
procedures
Article 46. Detailed
procedures
1. Preparation for investor selection,
including:
a) Preparation of bidding documents;
b) Validation and approval of the bidding
documents.
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a) Inviting bids;
b) Issuance, revision, clarification of the
bidding documents;
c) Preparation, submission, receipt,
management, revision, withdrawals of bids;
d) Opening technical proposals.
3. Evaluation of technical proposals,
including:
a) Inspection of validity of technical proposals;
b) Detailed evaluation of technical
proposals;
c) Validation and approval of technically
qualified investors.
4. Opening and evaluation of financial -
commercial proposals, including:
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b) Inspection and evaluation of validity of
financial - commercial proposals;
c) Detailed evaluation of financial -
commercial proposals and ranking investors.
5. Submission, validation, approval and
publishign of investor selection result.
6. Contract negotiation and conclusion,
including:
a) Contract negotiation;
b) Contract conclusion and publishing of
contract information.
Section 2.
PREPARATION OF INVESTOR SELECTION
Article 47. Preparation
of bidding documents
1. Basis for preparation of bidding
documents:
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b) The approved plan for investor selection;
c) Applicable regulations of law on land,
housing, real estate trade, investment, construction and relevant laws.
2. Contents of bidding documents:
The bidding documents must not contain any
conditions that restrict participation of investors or give advantage to one or
some investors causing unfair competition. The bidding documents shall contain
adequate information for investors to prepare their bids, to be specific:
a) Overall information about the project,
including the project’s name, purposes, location, scale; initial execution
schedule; status of the land area; planning criteria;
b) Instructions for investors, including
bidding procedures and the bid data sheet;
c) Project execution, architecture,
environment, safety requirements and other contents of the project (if any);
d) Bid evaluation criteria, including
criteria for evaluating investors’ capacity and experience, technical criteria,
financial criteria and evaluation methods;
dd) Bid forms, including the letter of bid,
technical proposal, financial - commercial proposal, bid security, commitment
of finance organization (if any) and other forms;
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g) Land levy or land rent estimated by the
procuring entity using the most appropriate land pricing method and input
parameters.
The land levy or land rent shall be paid by
the successful investor (the selected investor) when a decision on land
allocation or land lease is issued by a state authority in accordance with land
laws;
h) Total cost of project execution (excluding
the cost of compensation, assistance and relocation land levy or land rent (m1))
estimated by the procuring entity in accordance with construction laws,
ensuring efficient use of the land area.
i) Plan and cost of compensation, assistance
and relocation. The cost of compensation, assistance and relocation (m2)
is calculated according to:
- Land compensation;
- Remaining value of investment in the land
area upon land expropriation by the State (if any);
- Compensation for housing, construction,
property on land and business loss upon land expropriation by the State;
- Assistance amount upon land expropriation
by the State (if any), including: assistance in life stabilization; training,
career change and job finding; assistance in relocation; other assistance;
- Cost of organization of land clearance and
compensation.
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m3 = S x ΔG x k, where:
- S: area of levied land or leased land;
- ΔG: average increase in value after land
use right auction per unit of area of land with the same uses in the same area.
In case such a land area is not available, land data of administrative
divisions with similar socio-economic conditions may be used;
- k: coefficient of average increase in value
after land use right auction, with account taken of the similarity of the land
area of the project and other factors (if any).
This value is relative, is the basis for
investors to propose state budget contribution, and independent from the land
levy or land rent payable the the investor according to land laws.
l) The draft contract, including project
execution requirements, land allocation or land lease duration; land area;
estimated land levy or land rent and method for determination thereof; input
parameters or how to determine input parameters according to the applied
pricing method; applicable regulations; bonuses and penalties; force majeure events;
reconsideration of contract during project operation and other contents.
Article 48. Bid
evaluation criteria and method
The bid evaluation method shall be expressed
through the evaluation criteria in the bidding documents, including:
1. The basis for establishment of the
preliminary capacity and experience requirements that are approved according to
Clause 3 Article 12 of this Decree, criteria and methods for evaluation
thereof, additional criteria (if necessary) according to Point d Clause 1
Article 19 of this Decree. In case of a partnership, the investor’s capacity
and experience shall be the total capacity and experience of its members; the
lead investor of the partnership shall have at least 30% holding; each member
shall have at least 15% holding in the partnership.
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a) Technical criteria:
- Relevance of the project’s objectives for
the socio-economic development or industry development plan; the construction
planning has a ratio of 1/2.000 or 1/500 (if any), or the urban sector planning
has a ratio of 1/2.000 or 1/5.000 as prescribed by law.
- The project’s scale, architechtural
solutions and basic functions of the project;
- Environment and safety requirements;
- Other criteria on a case-by-case basis.
b) Technical evaluation method:
A scale of 1 – 100 or 1 – 1000 shall be used
for technical criteria with minimum and maximum score for each criterion. The
total passing score shall not be smaller than 70%; the passing score of and
each criterion mentioned in Point a of this Clause shall not be smaller than
60%.
c) The scoring system mentioned in Point a of
this Clause shall be suitable for the type of the project execution contract
and the maximum score shall be 100%.
3. Financial criteria and evaluation method:
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- Total cost of the project (M1);
- Cost of compensation, assistance and
relocation (M2);
- Investment efficiency (M3).
Where:
+ M1 is the total estimated cost
of the project (excluding cost of compensation, assistance and relocation, land
levy, land rent) proposed by the investor in the bid according to the value of
m1 specified in the bidding documents;
+ M2 is the cost of compensation,
assistance and relocation, land levy, land rent proposed by the investor in the
bid according to the value of m2 specified in the bidding documents.
In case the approved cost of compensation,
assistance and relocation is smaller than the value of M2, the
difference shall be paid to state budget; In case it is higher than M2,
the difference shall be covered by the investor and be included in the
project’s total capital.
The investor may offset the approved cost of
compensation, assistance and relocation against the land levy or land rent payable.
The cost of compensation, assistance and relocation that remains after
offsetting (if any) shall be included in the project’s total capital.
+ M3 is the investor’s proposed
state budget contributions specified in the bid in addition to the investor’s
liabilities to state budget prescribed by applicable law.
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- State interest-based method shall apply to
financial evaluation. Technically qualified bids shall be ranked according to
their investment efficiency. Investment efficiency shall be evaluated according
to M3;
- When M1 ≥ m1 and M2
≥ m2, M3 ≥ m3, the investor that proposes the
highest M3 will be first-ranked and proposed as successful investor.
Article 49.
Validating and approving the bidding documents 37
1. Bidding documents shall be validated and
approved in accordance with Clause 2 Article 75 of this Decree before approval.
2. Approval for the bidding documents shall
be made in writing on the basis of the request for approval and the report on
validation of the bidding documents.
Section 3. ORGANIZATION
OF INVESTOR SELECTION
Article 50.
Conditions for issuance of bidding documents
Bidding documents shall be issued for
selection of investor in a land-using project when the following conditions are
fully satisfied:
1. The conditions specified in Clause 2
Article 7 of the Law on Bidding are satisfied;
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Article 51. Inviting
bids, issuing, revising, calrifying bidding documents; extending bid submission
deadline
38
1. The invitation to bid shall be published
in accordance with Point d Clause 1 Article 4 and Clause 1 Article 5 of this
Decree.
2. Bidding documents shall be issued to all
investors. The procuring entity shall publish the physical and electronic
bidding documents on VNEPS free of charge.
3. If the bidding documents have to be
revised after issuance, the revision decision and the revisions must be posted
by the procuring entity on VNEPS.
4. In case the bidding documents have to be
clarified, the investor shall send the procuring entity a written request for
clarification at least 07 working days (for domestic bidding) or 15 days (for
international bidding) before the bid closing date. Clarification of the
bidding documents shall be carried out by the procuring entity in one or some
of the following manners:
a) Post the clarifying document on VNEPS;
b) If necessary, a pre-bid meeting may be
held to discuss the contents that need clarifying in the bidding documents. The
minutes of the meeting prepared by the procuring entity shall be used as the
clarifying document, which shall be published on VNEPS.
The clarifications must not contradict the
approved contents of the bidding documents. In case the bidding documents have
to be revised after clarification, the revisions shall be made in accordance
with Clause 3 of this Article.
5. The revision decision and clarifying
document shall be part of the bidding documents.
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a) The procuring entity shall post the
extension notice together with the decision to approve extension on VNEPS.
b) the extension notice shall specify the
reason for extension and the new bid closing time.
Article 51a. Preparing,
submiting, receiving, managing, revising, replacing withdrawing bids 39
1. The investor shall prepare and submit the
bid according to requirements of the bidding documents.
2. The procuring entity shall receive all
bids submitted by investors before the bid closing time and treat them as
secret documents until the investor selection result is disclosed; Do not
reveal information in one investor’s bid to any other investor, except the
information that is disclosed during bid opening.
3. The investor that wishes to revise,
replace or withdraw the bid shall submit a written request to the procuring
entity. Such a request shall only be granted if it is received before the bid
closing time.
4. The bids and documents sent by investors
to the procuring entity after the bid closing time shall not be opened,
considered invalid and eliminated, except documents clarifying bids requested
by the procuring entity or clarifying, supplementary documents proving the
investors’ lawful status, capacity and experience.
Article 51b. Opening
technical proposals 40
1. Technical proposals shall be publicly
opened within 01 hour from the bid closing time. The bid opening record shall
be sent to all bidding investors.
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3. Financial – commercial proposals of all
investors shall be sealed by the procuring entity in a separate bag. The seal
shall be signed by the procuring entity’s representative and the investors that
participate in the technical proposal opening ceremony.
Article 51c. Rules
for bid evaluation
41
1. Bid evaluation shall be carried out on the
basis for criteria for bid evaluation and other requirements in the bidding
documents, the submitted bids, bid-clarifying documents provided by the
investors in order to select a qualified investor with feasible technical,
financial – commercial plans for execution of the project.
2. The photocopies shall be used for
evaluation. The investors are responsible for the consistency between the
originals copies and the photocopies. In case of minor discrepancies between the
original copy and the photocopy which do not change the investor’s rankings,
the original copy shall be used for evaluation. In case of major discrepancies
between the original copy and the photocopy which result in a change in an
investor’s rankings, that bid will be eliminated.
3. During bid evaluation, the procuring
entity shall inspect the technical, financial – commercial contents of the bids
to make sure the bids do not contain discrepancies, additional conditions or
omitted basic contents. To be specific:
a) Discrepancies are contents that are
different from those specified in the bidding documents;
b) Additional conditions are those imposed by
the investor that are restrictive or express partial consent to the
requirements in the bidding documents;
c) Omitted contents are the information or
documents that are not fully provided by the investor as required by the
bidding documents.
4. If the bid fulfills the basic requirements
in the bidding documents, the procuring entity may accept the flaws that are
not the aforementioned discrepancies, additional conditions or ommitted
contents, which, if accepted by the procuring entity or revised, supplemented
or replaced by the investor, will:
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b) Cause significant restrictions and
inconsistency between the bidding documents and entitlements of the procuring
entity, the contract-signing authority, competent authority or obligations of
the investor in the contract;
c) Unfairly affect competitiveness of other
investors whose bids satisfy the basic requirements in the bidding documents.
5. A bid that fails to satisfy the basic
requirements in the bidding documents will be eliminated; revisions to the discrepancies,
additional conditions or ommitted contents to make a bid satisfactory are not
permitted.
Article 51d. Clarification
of bids
42
1. After bids are opened, the investors shall
clarify their bids if requested by the procuring entity.
2. After bid closing, the procuring entity
shall receive clarifying documents, supplementary documents proving the
investors' lawful status, capacity and experience in case the investors find
that their existing information and documents about their capacity and experience
are not submitted together with the bidding documentation. These documents
shall be consider part of the bids.
3. The clarification of contents about the
investor’s lawful status, capacity and experience must not change the nature of
the investor’s lawful status, capacity and experience. The clarification of
technical, financial - commercial contents in the bid must not change the basic
contents of the submitted bid.
4. The clarification shall be carried out
between the procuring entity and the investor whose bid has to be clarified.
The clarification shall be made into a written document and retained by the
procuring entity as part of the bid.
Section 4. EVALUATION
OF TECHNICAL PROPOSALS
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1. Inspection of validity of technical
proposals, including:
a) Inspection of the quantity of original
copies and photocopies of the technical proposal;
b) Inspection of components of the technical
proposal, including: the bid form, partnership agreement (if any), letter of
authorization to sign the bid form (if any); bid buarantee; documents proving
the signor’s lawful status (if any); documents proving the investor’s lawful
status, capacity and experience; the technical proposal; other components of
the technical proposal;
c) Inspection of consistency between the
original copies and photocopies serving detailed evaluation of the technical
proposal.
2. Evaluation of the validity of the
technical proposal:
A technical proposal shall be considered
valid when:
a) There is the original copy of the
technical proposal;
b) There is a valid bid form;
c) The effect of the technical proposal is
conformable with regulations of the bidding documents;
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dd) The investor does not submit more than
one technical proposal as independent investor or partnership member;
e) There is a valid partnership agreement in
case of a partnership;
g) The investor is not being banned from
bidding under bidding laws;
h) The investor has lawful status as
prescribed in Article 5 of the Law on Bidding.
3. Evaluation of capacity and experience:
Evaluation of capacity and experience shall
be carried out according to the criteria and method specified in the bidding
documents.
4. Investors that have valid technical
proposals and satisfy capacity and experience requirements shall have their
technical proposals undergo detailed evaluation
5. Detailed evaluation of technical proposals
Detaile evaluation of technical proposals
shall be carried out according the criteria and method specified in the bidding
documents.
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1. The list of technically qualified
investors shall be approved in writing on the basis of the written request for
approval and the report on validation of the list of technically qualified
investors.
2. In case of investor appointment, do not
validate and approve the list of technically qualified investors.
3. The procuring entity shall send the list
of technically qualified investors to all bidding investors and invite them to
participate in the opening of financial – commercial proposals, specify the
opening time and location.
Section 5. OPENING
AND EVALUATION OF FINANCIAL - COMMERCIAL PROPOSALS
Article 54. Opening
financial - commercial proposals 45
1. Financial – commercial proposals of the
investors on the list of technically qualified investors shall be publicly
opened within at the time and location specified in the notification of the
list of technically qualified investors. The bid opening record shall be sent
to all bidding investors.
2. The procuring entity’s representative
shall sign the original copy of the bid form, power of attorney of the
investor’s legal representative (if any); the partnetship agreement (if any);
the bid guarantee; important contents of each financial – commercial proposal.
Article 55.
Evaluation of financial - commercial proposals 46
1. Inspection of validity of financial -
commercial proposals, including:
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b) Components of the financial – commercial
proposal, including: the bid form, other components of the financial –
commercial proposal;
c) Consistency between the original copies
and photocopies of the technical proposal.
2. Evaluation of the validity of a financial
- commercial proposal:
A financial – commercial proposal shall be
considered valid when:
a) There is the original copy of the
financial – commercial proposal;
b) There is a valid bid form;
c) The values in the bids are specific,
expressed in both numbers and words, rational, logical and consistent, and are
not associated with conditions that are disadvantageous ot the authorities or
procuring entity (including: total investment proposed by the investor (M1);
value of compensation, assistance and relocation proposed by the investor (M2);
proposed payment to state budget in addition to the investor’s liabilities to
state budget prescribed by applicable laws (M3); proposed increase
in payment to state budget in addition to the investor’s liabilities to state
budget prescribed by applicable laws (if any);
d) The effect of the financial – commercial
proposal is conformable with regulations of the bidding documents.
3. The investors whose financial - commercial
proposals are valid (hereinafter referred to as “financially qualified
investors”) shall undergo detailed financial evaluation. Detailed financial –
commercial evaluation and investor ranking shall be carried out according the
criteria and method specified in the bidding documents.
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a) The list of ranked investors;
b) The list of disqualified investors and reasons
for disqualification;
c) Remarks on the competiveness, fairness,
transparency and efficiency of the investor selection process. In case
competiveness, fairness, transparency or efficiency is not ensured, provide
explanation and propose solutions.
5. If necessary, the procuring entity may
request the competent person to consider allowing the first-ranked investor to
enter into preliminary contract negotiation to facilitate the process of
negotiation of the contract after the investor selection result is available.
Article 56. Rules for
investor selection
An investor will be proposed as successful
investor when the following conditions are fully satisfied:
1. The bid is valid.
2. The investor’s capacity and experience are
qualified.
3. The technical proposal is qualified.
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a) M1 ≥ m1;
b) M2 ≥ m2;
c) M3 ≥ m3 and is the
highest.
Section 6.
SUBMISSION, VALIDATION, APPROVAL AND PUBLISHING OF INVESTOR SELECTION RESULT;
CONTRACT NEGOTIATION AND CONCLUSION
Article 57.
Submission, validation, approval and publishing of investor selection result
1.47 Submission, validation, approval for
investor selection result:
a) On the basis of the bid evaluation result
report, the procuring entity shall submit the investor selection result,
specifying the comments of the procuring entity on the evaluation by the team
of experts.
b) The investor selection result shall be
validated in accordance with Clause 4 Article 76 of this Decree prior to
approval.
c) The decision to approve the investor
selection result shall be made in writing on the basis of the written request
for approval and the report on validation of the investor selection result.
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a) The project’s name, objectives and scale;
b) Name of the successful bidder (the
selected investor);
c) The estimated project execution schedule;
d) The project’s location, land area, land
use purposes and duration;
dd) The total estimated cost of the project
(excluding cost of compensation, assistance and relocation, land levy, land
rent);
e) Estimated land levy or land rent payable
by the investor:
g) Other information (if any).
3. In case the bidding process is cancelled
according to Clause 1 Article 17 of the Law on Bidding, the approval decision
or cancellation decision shall specify the reasons for cancellation and
responsibility of the parties.
4. After the investor selection result
approval decision is available, the procuring entity shall publish the
information specified in Point d Clause 1 Article 4 and Clause 2 Article 5 of
this Decree; send a notice of investor selection result to the investors within
the time limit specified in Clause 8 Article 6 of this Decree. The notice of
investor selection result shall contain:
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b) The list of unsuccessful investors and
reasons for the elimination of each one;
c) The plan for negotiation and conclusion of
the contract with the selected investor.
5. After the approval decision is available,
the investor shall issue a decision to establish a project management
enterprise to execute the project or directly execute the project. The
management, operation and dissolution of the project management enterprise
shall comply with regulations of law on enterprises, investment and project
execution contract.
Article 58. Contract
negotiation and conclusion
1. The first-ranked investor will be invited
to negotiate the contract. In case the first-ranked investor does not come or
refuses to come to negotiate the contract, the bid security will not be
refunded.
2. Basis for contract negotiation:
a) The bid evaluation report;
b) The bid, clarifying and revising documents
(if any) provided by the investor;
c) The bidding documents.
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a) Do not negotiate the contents that are
already conformable with the bidding documents;
b) The contract negotiation must not change
the basic contents of the bid.
4. Contents of contract negotiation and
conclusion:
a) Negotiate the contents that are not
adequately detailed or consistent between the bidding documents and the bid,
the discrepancies in the bid that may lead to disputes or affect the
responsibility of the parties during contract execution;
b) Negotiate the issues that arise during the
investor selection process (if any) in order to complete details of the
project;
c) Negotiate the schedule for transfer of
construction area; transfer of payment for compensation, assistance and
relocation and state budget contribution to competent authorities;
d) The basis for determination of land levy
or land rent according to land laws; method for land pricing as the basis for
determination of land levy or land rent at the time of land allocatin or land
lease; input parameters or how to determine input parameters according to the
applied pricing method;
dd) Other necessary issues.
5.48 During the process of contract
negotiation and completion, the parties shall draft the contract. The selected
investor must not change, withdraw or refuse to fulfill the basic proposals in
the bid, except for the changes that are proposed by the investor to be more
efficient.
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Article 59. Contract
conclusion and publishing of contract information
1.49 Rules for contract conclusion.
a) The proposed successful bid price (money
proposed to be paid to the state budget by the selected investor in the bid
package) shall be the value of the signed contract.
b) The costs of project execution and costs
of compensation, assistance and relocation proposed by the selected investor in
the bid package shall be recorded in the contract; if the change of planning,
policy or law affects such costs, regulations of law on investment,
construction, land, planning, housing and real estate business, and other
relevant regulations of law shall apply.
c) The land levy or land rent determined in
accordance with land laws plus state budget contribution shall be recognized as
market price at the time of land allocation or land lease specified in the contract.
2. The contract shall be concluded in
accordance with Article 69, 70, 71, 72 of the Law on Bidding.
3. Within 07 working days from the day on
which the contract is concluded, the procuring entity shall publish information
about the contract on the VNEPS. Information published:
a) Name of the project; contract number;
contract conclusion date;
b) Name and address of the competent
authority;
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d) The project’s objectives and scale;
dd) The estimated project execution schedule;
e) The project’s location, land area, land
use duration;
g) The total estimated cost of the project
(excluding cost of compensation, assistance and relocation, land levy, land
rent);
h) The estimated land levy or land rent;
method for land pricing as the basis for determination of land levy or land
rent at the time of land allocatin or land lease; input parameters or how to
determine input parameters according to the applied pricing method;
i) Other information (if any).
Article 60.
Initiation of a land-using project
1. After the contract is concluded, the
selected investor or the project management enterprise established by the
selected investor to execute the project 50
shall
cooperate with a specialized agency in proposing land expropriation and the
plan for compensation, assistance and relocation to a competent authority in
accordance with land laws. The selected investor or the project management
enterprise established by the selected investor to execute the project 51shall pay M2 and M3
amounts as proposed in the bid to the competent authority according to the
project progress. Interest shall not be charged on the payment for
compensation, assistance and relocation.
2. Procedures for land allocation/land lease;
determination of land levy/land rent payable by the selected investor or the
project management enterprise established by the selected investor for
execution of the project 52:
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b) The provincial land authority shall
organize the determination of land levy/land rent payable by the selected
investor or the project management enterprise established by the selected
investor to execute the project54, submit a report to
the land pricing council before submission to the People’s Committee of the
province for approval.
3. The selected investor or the project
management enterprise established by the selected investor to execute the
project 55 shall initiate the
land-using project in accordance with the contract, regulations of law on
investment, construction, land, planning, housing real estate trading and
relevant laws.
Chapter V
DIRECT
CONTRACTING AND SPECIAL INVESTOR SELECTION PROCESS
Section 156 (annulled)
Section 2. APPOINTMENT
OF INVESTOR FOR LAND-USING PROJECTS
Article 67.
Preparation for investor selection
1. Preparation of request for proposals:
a)57 Basis for preparation of request for
proposals:
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- The housing development program as prescribed
by housing laws; urban development program (if any) as prescribed by urban
development laws;
- The socio-economic development or industry
development plan; the construction planning with a ratio of 1/2.000 or 1/500
(if any), or the urban sector planning with a ratio of 1/2.000 or 1/5.000 as
prescribed by law;
- The approved plan for investor selection;
- Applicable regulations of law on land,
housing, real estate trade, investment, construction and relevant laws.
b) The request for proposals shall contain
the information specified in Clause 2 Article 47 of this Decree. The criteria
and evaluation method specified in Article 48 of this Decree shall apply though
financially qualified investors need not to be ranked.
2. Validation and approval of request for
proposals and selection of investor:
a) The request for proposals shall be
validated in accordance with Clause 2 Article 75 of this Decree prior to
approval;
b) Approval for the request for proposals
shall be made in writing on the basis of the request for approval and the
report on validation of the request for proposals;
c) 58 In the cases of direct contracting
prescribed in Point b Clause 4 Article 22 of the Law on Bidding and Clause 3
Article 10 of this Decree, an investor will be selected to receive the request
for proposals when qualified as prescribed in Point a, b, c, d, e, g Clause 1
Article 5 of the Law on Bidding and has adequate capacity and experience for
project execution.
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1. The request for proposals shall be issued
to the selected investor.
2. The investor shall prepare and submit the
proposal accordingly.
Article 69.
Evaluation of proposals
The proposal shall be evaluated according to
the criteria specified in the request for proposals. During ethe process of
evaluation, the procuring entity shall invite the investor to visit to clarify
or make necessary revisions to the proposal.
Article 70. Rules for
investor selection
An investor will be proposed as successful
investor when the following conditions are fully satisfied:
1. The proposal is valid;
2. The investor’s capacity and experience are
qualified;
3. The technical proposal is qualified;
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a) M1 ≥ m1;
b) M2 ≥ m2;
c) M3 ≥ m3.
Article 71. Submission,
validation, approval and publishing of direct contracting result
Article 57 of this Decree shall apply to
submission, validation, approval and publishing of direct contracting result.
Article 72. Contract
negotiation, conclusion and publishing of contract information
1. Contract negotiation and completion shall
be carried out in accordance with Clause 1, 2, 3, 4, 5 Article 58 of this
Decree.
2. Article 59 of this Decree shal apply to
conctract conclusion and publishing of contract information.
3. The selected investor shall execute the
project in accordance with Article 60 fo this Decree.
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Article 73.
Procedures for validating and approving the plan for special investor selection
process
1. A competent person shall prepare the
proposal for application of special investor selection process, submit it to
the Prime Minister and the Ministry of Planning and Investment for validation.
2. Within 30 days form the receipt of
adequate documents, the Ministry of Planning and Investment shall validate the
plan and submit a report to the Prime Minister.
3. On the basis for the competent person’s
proposal and the validation report submitted by the Ministry of Planning and
Investment, the Prime Minister shall consider approving the plan for
application of special investor selection process.
Article 74. Proposal
for application of special investor selection process
1. The written request for for application of
special investor selection process shall contain the following information:
a) Basic information about the project;
b) 59 The reasons that none of the methods
of investor selection specified in Article 20 and Article 22 of the Law on
Bidding, and Article 10 of this Decree cannot be applied;
c) The plan for application of special
investor selection process, including the steps of investor selections,
solutions for the special issues and individuality of the project to ensure
investment efficiency).
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3. Other descripting documents (if any).
Chapter VI
VALIDATION
CONTENTS, VALIDATION AND APPROVAL RESPONSIBILITIES IN INVESTOR SELECTION
Article 75.
Validating bidding documents and request for proposals 60
1.61 (annulled)
2. Validating bidding documents and request
for proposals:
a)62 The application for validation and
approval consists of:
- The procuring entity’s written request for
approval for the bidding documents/request for proposals:
- The draft bidding documents/request for
proposals;
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- Relevant documents.
b) Validation contents:
- Inspection fo documents that are the basis
for preparation of bidding documents/request for proposals;
- Inspection of the relevance of the bidding
documents/request for proposals for the project scale, objectives, scope of
work and duration; its conformity to bidding laws and relevant laws;
- Dissenting opinitions (if any) between the
organizations and individuals participating in the preparation of the bidding
documents/request for proposals;
- Other relevant contents.
c) The validation report shall contain:
- Overalls about the project and legal basis
for preparation of the bidding documents/request for proposals;
- Opinions of the validating units on the
legal basis, conformity with bidding laws and relevant laws; assenting and
dissenting opinions about the draft bidding documents/request for proposals;
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- Other opinions (if any).
d) Before signing the validation report, the
validating unit need to hold a meeting between the parties to resolve the
issues if necessary.
Article 76.
Validation of list of technically qualified investors and investor selection
result
63
1. General principles:
a)64 Thelist of technically qualified
investors and investor selection result must be validated prior to approval;
b) In case of single-stage one-envelop
process, only validate the investor selection result;
c) In case of single-stage two-envelop
process, the list of technically qualified investors must be validated prior to
approval;
d) The list of ranked investors shall not be
validated prior to approval; the list will be approved at the request of the
procuring entity;
dd) Before signing the validation report, the
validating unit may hold a meeting between the parties to resolve the issues if
necessary.
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3. Validation of the list of technically
qualified investors:
a) An application for validation includes:
- The procuring entity’s document regarding
the result of technical proposal evaluation;
- The report on technical proposal evaluation
result;
- Photocopies of the bidding documents, bid
closing and bid opening records, technical proposals and other necessary
documents.
b) Validation contents:
- Evaluation of technical proposals;
conformity of bidding laws and relevant laws during the processs;
- Other relevant contents.
c) The validation report shall contain:
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- Remarks on conformity with regulations of
bidding laws and relevant laws during the investor selection process;
- The validating unit’s opinions about the
competiveness, fairness, transparency and efficiency of the investor selection
process;
- Proposals and recommendations to the
procuring entity and the expert team;
- Assenting or dissenting opinions about of
the technical proposal evaluatoin result; recommendations for violations
against bidding laws or unample basis for reaching a verdict;
- Other opinions.
4. Validation of investor selection result:
a) An application for validation includes:
- The procuring entity’s document regarding
the investor selection result;
- The report on bid/proposal evaluation;
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b) 66
Validation contents:
- The relevance and conformity of the bidding
documents/request for proposals; conformity with bidding laws and relevant
laws;
- Punctuality during the investor selection
process;
- Conformity with regulations of law on
submission of investor selection result.
c) The validation report shall contain:
- Overalls about the project and legal basis
for the investor selection;
- Brief summary of the investor selection
process from shortlisting (if any) to submission of the investor selection
result;
- Remarks on conformity with regulations of
bidding laws and relevant laws during the investor selection process;
- The validating unit’s opinions about the
competiveness, fairness, transparency and efficiency of the investor selection
process;
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- Assenting or dissenting opinions about of
the investor selection result; recommendations for violations against bidding
laws or unample basis for reaching a verdict;
- Other opinions.
Article 77.
Responsibilities of Presidents of the People’s Committees of provinces67
1. Approve lists of projects.
2. Approve investor selection plans and
investor selection results.
3. Approve bidding documents, requests for
proposals, lists of technically qualified investors, lists of ranked bidders
(this task may be authorized to the head of a specialized agency affiliated ot
the People’s Committee of the province, or to the President of the People’s
Committee of a district).
4. Perform other tasks that are
responsibilities of the competent persons specified in Article 73 of the Law on
Bidding.
Article 78.
Responsibilities of heads of specialized agencies affiliated to the People’s
Committee of the provinces, agencies affiliated to the People’s Committees of
provinces or Presidents of the People’s Committees of districts 68
1. Peform the tasks that are responsibilities
of the procuring entity as prescribed in Article 75 of the Law on Bidding.
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Article 79.
Responsibilities of validating units
1. The Ministry of Planning and Investment
shall validate investor selection plans in special cases approved by the Prime
Minister according to Article 26 of the Law on Bidding and other cases as
requested by the Prime Minister.
2.69 (annulled)
3. The Department of Planning and Investment
of a province shall validate:
a) Investor selection plans and investor
selection results of the projects for which the the President of the People’s
Committee of the province is the competent person;
b) 70 The bidding documents, request for
proposals, list of technically qualified investors that are approved by the
President of the People’s Committee of the province.
4.71 In case of authorization prescribed in
Clause 3 Article 77 of this Decree, the authorized unit or the planning –
finance department of a specialized agency affiliated to the People’s Committee
of the province or the People’s Committee of the district shall validate the
bidding documents, request for proposals and list of technically qualified
investors.
Chapter VII
HANDLING
OF PETITIONS AND VARIOUS SITUATIONS DURING INVESTOR SELECTION PROCESS
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1. In case the investor selection plan has to
be revised, the revision procedures shall be completed before opening technical
proposals (for competitive bidding) or the proposal (for direct contracting)
2.72 (annulled)
3.73 (annulled)
4.74 In case no bids are submitted at the
bid closing time, the procuring entity shall inform the competent person who
will decide whether to:
a) Extend the bid closing time for up to 30
more days; or
b) Decide bid cancellation and request the
procuring entity to revise the bidding documents and reinitate the investor
selection process.
5.75 In case no applications are submitted
at the end of the time limit for applying for execution of a land-using
project, the Department of Planning and Investment shall request the President
of the People’s Committee of the province to decide whether to:
a) Extend the time limit; or
b) Plan the reannouncement of the project
information.
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5a.76 In case only one investor is qualified
in terms of capacity, experience, project execution progress, investment
attracton targets and other specific conditions of the project, the President
of the People’s Committee of the province (or the chief of the economic zone
management board the project is executed within a economic zone) shall decide
whether to:
a) Inform and instruct the investor to submit
the application for approval for the investment guidelines as prescribed by
investment laws if the process ensures transparency, competitiveness and the
project requires faster progress;
b) Extend the deadline so other potential
investors have the opportunity to access information and submit their
applications, thus increase competitiveness.The qualified investor is not
required to re-submit the application.
After deadline extension, on the basis of
preliminary of enegy and experience, carry on the procedures specified in Clause
3 Article 13 of this Decree.
6. In case of direct contracting, the
investor may propose an earlier bid closing and bid opening time than that
specified in the request for proposals. In this case, the procuring entity
shall inform the competent person for approval.
7. In case the successful investor fails to
satisfy the technical and financial criteria specified in Clause 2 Article 70
of the Law on Bidding by the time the contract is concluded, the next-ranked
investor will be invited to negotiate the contract. In this case, the invited
investor shall restore the effect of the bid and bid security (if expired or
returned)
8. In case all investors are equally ranked
after financial evaluation, the investor that has the highest technical score
will be first-ranked.
9.77 (annulled)
10.78 (annulled)
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12. In case an investor proposes the highest
M3 but M1 < m1 for a land-using project, the procuring entity shall request
the investor to clarify the pricing components and consider the following factors:
a) Economic factors relevant to application
of new and advanced technology to construction, manufacture or service
provision that give the bider the advantage of cost;
b) Applied economic solutions or special
advantage of the investor that result in cost reduction.
Investors that fail to satisfy the
aforementioned conditions will have their bids eliminated. The investor that
receives assistance from any organization or individual that results in unfair
competition will be eliminated.
13.80 In case some contents of the bidding
documents or request for proposals are not conformable with bidding laws and
relevant laws and thus cause vague or ambiguous interpretation during
evaluation of bids or proposals or incorrect investor selection result, the
procuring entity shall request the competent authority to consider following
these steps:
a) Revise the bidding documents or request
for proposals to ensure conformity with the written approval for investment
guidelines (if any), bidding laws and relevant laws;
b) Notify all investors that have submitted
their bids or proposals of the revisions; request them to suplement their bids
or proposals according to the revisions or other contents of the bids or
proposals if they are affected by the revisions (if necessary).
13a.81 In caes a partnership is awarded the contract but
has not signed the project contract or the project contract has not come into
force when the ratio of equity contribution in the partnerhship is adjusted,
the procuring entity shall update information about the investor’s capacity as
prescribed in Clause 2 Article 70 of the Law on Bidding; ensure that the
investor has adequate capacity, minimum ratio of equity of each partner as
prescribed in Clause 3 Article 52 of this Decree. After this information is
updated, the procuring entity shall requet the competent person to consider
carrying on the procedures as per regulations.
14. The procuring entity shall inform the
competent person of other situations to ensure competiveness, fairness,
transparency and efficiency are ensured.
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1. The petition is made by an investor.
2. The petition form bears the signature of
the person who signs the letter of bid or the investor’s legal representative,
and a seal (if any).
3. The person responsible for handling
petitions receives the petition form according to Clauses 3, 4, 5 Article 92 of
the Law on Bidding.
4. The issue complained against has not been
brought to court by the investor.
5. The petition settlement cost mentioned in
Clause 6 Article 7 of this Decree shall be paid to the standing assistance team
of the advisory board in case a petition against the investor selection result
is handled by the competent person.
Article 82. Advisory
board
82
1. Chairperson of the advisory board:
The chairperson of the advisory board is the
Director of Department of Planning and Investment. The advisory board shall
counsel the settlement of petitions.
2. Members of the advisory board:
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b) The chairperson of the advisory board may
invite other individuals to participate as members of the advisory board depending
on each project;
c) A advisory board member must not be the
parent, parent-in-law, spouse, natural child, adopted child, son- or
daughter-in-law, or sibling of the person who signs the petition form or any
individual that directly participates in bid/proposal evaluation or any
individual that directly validates the list of technically qualified investors,
investor selection result, or the person who signs the approval for the
investor selection result.
3. Operation of the advisory board:
a) The chairperson of the advisory board
shall issue a decision to establish the advisory board within 05 working days
from the day on which the investor’s petition form is received. The advisory
board shall operate on a case-by-case basis;
b) The advisory board shall work on the
principle of collectives, vote under the majority rule and report ot the
competent person; each member has the right to express and is legally
responsible for their opinions.
4. Standing assistance team of the advisory
board:
a) The standing assistance team of the
advisory board is a unit of Department of Planning and Investment that is
assigned to manage investment activities; the standing assistance team members
do not included the individuals that directly participate in the validation of the
investor selection result of the same project.
b) The standing assistance team shall perform
administrative tasks assigned by the chairperson of the advisory board; receive
and manage the fees paid by the complaining bidder as per regulations in Clause
6 Article 7 of this Decree.
Article 83.
Settlement of petitions against investor selection result
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2. The person responsible for handling
petitions shall inform the investor in case the petition is rejected because
the conditions specified in Article 81 of this Decree are not fully satisfied.
3. The investor may withdraw the petition
during the process, provided there is a written decision on petition withdrawal
4. The written response to the petition shall
contain a verdict regarding the issued complained against. If the investor’s
petition is found to be true, solutions and time limit must be specified, in
which case the assistance team shall request the jointly responsible
organizations and individuals to pay the complaining investor an amount equal
to the fee paid by the complaining investor to the advisory board. If the
investor’s petition is found to be false, the written response shall contain
explanation.
Chapter VIII
ACTIONS
AGAINST VIOLATIONS OF LAW; INSPECTION, SUPERVISION OF BIDDING FOR INVESTOR
SELECTION
Section 1. Actions
against violations of law
Article 84. Penalties
1. Warnings and fines shall be imposed upon
organizations and individuals that violate bidding laws in accordance with
regulations of law on imposition of administrative penalties for violations
against regulations on planning and investment
2. Organizations and individuals that violate
Article 89 of the Law on Bidding will be banned from bidding.
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4. Officials who violate bidding laws shall
also be dealt with in accordance with regulations of law on officials.
Article 85. Ban from
bidding
An organization or individual may be banned
from bidding for a specific period of time:
1. Any of the violations specified in Clauses
1, 2, 3, 4, 5 Article 89 of the Law on Bidding will lead to a ban of 03 - 05
years.
2. Any of the violations specified in Points
a, b, c, d, h Clause 6 Article 89 of the Law on Bidding will lead to a ban of
01 - 03 years.
3. Any of the violations specified in Clause
7 Article 89 of the Law on Bidding will lead to a ban of 06 – 12 months.
Article 86.
Cancellation, suspension, rejection of investor selection result
1. Cancellation of bidding process is a
measure taken by a competent person against violations of bidding laws and
relevant laws by participants in the bidding process.
The competent person shall issue a decision
on cancellation of bidding process in the cases specified in Article 17 of the
Law on Bidding.
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a) The bidding will be suspended and the
investor selection result will be rejected if there is evidence that the
violation committed by a participant in the bidding against bidding laws or
relevant laws results in failure to achive the bidding objectives or falsifies
the investor selection result.
b) Suspension will be imposed as soon as such
a violation is committed and before the investor selection result is approved. Rejection
of the investor selection result will be imposed during the period from the day
on which the investor selection result is approved to the contract conclusion
date;
c) The written decision on suspension or
rejection of investor selection must specify the reasons, solutions and time
limit for rectification;
d) Invalidation of a procuring entity’s
decision will be decided by the competent person when the decision is found to
be unconformable with bidding laws and relevant laws.
Article 87.
Compensation for damage caused by violations against bidding laws
The organization or individual that violates
bidding laws and causes damage shall pay compensation in accordance with
regulations of law on damages and relevant laws.
Section 2. INSPECTION
AND SUPERVISION
Article 88. Inspection
of bidding process
1. Inspections include periodic inspections
and unscheduled inspections that are carried out whenever there is a petition
or when requested by the the Prime Minister, the President of the People’s
Committee of the province, competent person of a bidding authority prescribed
in Clause 2 of this Article, whether directly or by requesting a report.
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3.84 The Ministry of Planning and
Investment shall organize inspection of bidding nationwide. Other Ministries,
ministerial-level agencies, Governmental agencies, the People’s Committees of
provinces, Provincial Departments of Planning and Investment, specialized
agencies affiliated to the People’s Committees of provinces, the People’s
Committees of districts shall organize bidding inspection when requested by the
competent person of a bidding inspection authority. Departments of Planning and
Investment shall assist the People’s Committees of provinces in organizing bidding
inspection in their provinces.
4. Bidding inspection contents:
a) 85 Periodic inspection:
- Issuance of guidelines for investor
selection; hierarchy of power in investor selection.
- Provision of training in bidding;
- Issuance of certificates of training in
bidding;
- Preparation, approval, disclosure of list
of projects (including preliminary required capacity and experience of
investors); preliminary evaluation of investors’ capacity and experience;
- Development and approval of the investor
selection plans, bidding documents, request for proposals and investor
selection results;
- Contents of the concluded contract and
conformity with the legal basis during the process of project conclusion and
execution;
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- Performance of bidding inspection and
supervision tasks.
b) Unscheduled inspection: the chief
inspector shall decide the inspection contents according to the request for
inspection and the inspection decision.
5. An inspection report and verdict shall be
made after the inspection ends. The inspecting authority shall monitor the
rectification of weaknesses (if found) specified in the verdict. Propose
actions against violations if found or transfer the case to an investigation
authority for handling.
6. The verdict shall contain:
a) The performance of bidding tasks by the
inspected unit;
b) The inspection contents;
c) Remarks;
d) Verdict;
dd) Recommendations;
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1.86 Supervision shall be carried out when
a Minister, heads of ministerial-level agency or governmental agency authorizes
the head of a organization affiliate thereto; when the President of the
People’s Committee of the province authorizes the head of a specialized agency
affiliated thereto or the President of the People’s Committee of a district to
act as the competent person who has the power to supervise and take actions
against violations of bidding laws and relevant laws.
2. The competent person shall appoint an
individual or unit licensed for bidding management to participate in
supervision of the tasks specified in Clause 3 of this Article to ensure
conformity with bidding laws.
3.87 The following bidding tasks shall be
supervised:
a) Preparation, approval, disclosure of list
of projects (including preliminary required capacity and experience of
investors); preliminary evaluation of investors’ capacity and experience;
b) Preparation, validation and approval of
bidding documents, request for proposals;
c) Evaluation of bids, proposals;
d) Validation of investor selection result;
dd) Negotiation, completion and conclusion of
the contract.
4. Supervision method:
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b) The procuring entity shall provide
information about the process of investor selection to the supervising entity
when receiving written request;
c) When a violation is found, the supervising
entity shall send a written notice to the competent person, who will take
necessary actions to ensure the efficiency of the investor selection process.
5. Responsibilities of the supervising
entity:
a) Be honest and objective; do no harass the
authorized person and procuring entity during the supervision process;
b) Request the authorized person and
procuring entity to provide documents serving the supervision process;
c) Receive information from the investor,
organizations and individuals relevant to the selection of investor in the
project under supervision;
d) Protect confidentiality of information as
per regulations;
dd) Perform other obligations prescribed by
bidding laws and relevant laws.
Chapter IX
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Article 90.
Transition clauses
1.89 (annulled)
2. In case a land-using project has a total
estimated cost (excluding cost of compensation, assistance and relocation, land
levy, land rent) from 120.000.000.000 VND to under 800.000.000.000 VND, applies
international competitive bidding without prequalification, and is not bid for
before the effective date of this Decree, the competent person shall consider
applying international competitive bidding or domestic competitive bidding.
3.90 Prequalification documents issued
before the effective date of this Decree shall be handled as follows:
a) In case two or more investors are
shortlisted, the project shall apply competitive bidding as prescribed in
Clause 1 and Clause 2 Article 9 of Decree No. 30/2015/ND-CP. Subsequent
procedures for investor selection shall be carried out in accordance with
Chapters III, IV and V of Decree No. 30/2015/ND-CP. Bidding documents shall be
issued to the shortlisted investors as prescribed in Clause 1 Article 30,
Article 49 and Article 61 of Decree No. 30/2015/ND-CP.
b) In case only one investor is shortlisted,
the project shall apply investor appointment as prescribed in Point a Clause 3
Article 9 of Decree No. 30/2015/ND-CP. Subsequent procedures for investor
selection shall be carried out in accordance with Chapter VI of Decree No.
30/2015/ND-CP.
c) The contents of the bidding documents or
request for proposals shall comply with regulations of Decree No. 30/2015/ND-CP,
its guidng Circulars and relevant laws that are applciable when the bidding
documents or request for proposals are approved.
d) The selected investor shall execute the
project in accordance with the contract, regulations of law on investment,
construction, land, planning and relevant laws.
4. Regulations of the Government’s Decree No.
30/2015/ND-CP and its guiding Circulars shall apply to bidding documents and requests
for proposals issued before the effective date of this Decree.
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Article 91. Guidance
for implementation
1. The Ministry of Planning and Investment
shall:
a)92 Preside over the development and
issuance of model bidding-related documenta, including: bidding documents,
request for proposals for selection of investors in land-using projects;
reporting forms and other set forms;
b) 93 Set a roadmap for publishing
information and selection of investor in land-using projects on VNEPS.
c) Take charge and cooperate with relevant
authorities in developing the VNEPS and implementation road map; establish the
mechanism for its management and operation; provide guidance on investor
selection through the network;
d) Provide guidance on implementation of
other contents of the Decree to facilitate state management of investor
selection.
2. The Ministry of Finance shall provide
guidance on management and use of funds relevant to investor selection.
3. Other Ministries, ministerial-level
agencies, Governmental agencies and the People’s Committees of provinces shall:
a) Take charge and cooperate with the
Ministry of Planning and Investment in proving model documents for selection of
investors in PPP projects of Group C in their fields;
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c) Submit annual reports on investor
selection to the Ministry of Planning and Investment, which will submit a
consolidated report to the Prime Minister. For projects that apply direct
contracting and special investor selection process, the report shall include
the evaluation of the investor selection result according to the objectives,
reasons, conditions, progress and execution plan.
4. Ministers, heads of ministerial-level
agencies abd Governmental agencies, Presidents of the People’s Committees shall
designate persons in charge of investor selection and assign one or some of
their units to manage investor selection in their fields or their administrative
divisions. The issues that are not regulated by this Decree shall be reported
to the Prime Minister for consideration.
Article 92. Effect 94
1. This Decree comes into force from April
20, 2020.
2. This Decree replaces the Government’s
Decree No. 30/2015/ND-CP dated March 17, 2015 elaborating some Articles on
investor selection of the Law on Bidding./.
CERTIFIED BY
MINISTER
Nguyen Chi Dung
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[1] Basis for
promulgation of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021
elaborating the Law on Investment regarding PPP investments:
“Pursuant to the Law on Government
Organization dated June 19, 2015 and the Law dated November 22, 2019 on
Amendments to the Law on Government Organization and the Law on Local
Government Organization;
Pursuant to the Law on Public - Private
Partnership Investment dated June 18, 2020;
At the request of the Minister of Planning
and Investment;
The Government promulgates a Decree on
elaboration of some Articles of the Law on Public - Private Partnership Investment.”
- Basis for promulgation of the Government’s Decree No.
31/2021/ND-CP dated March 26, 2021 elaborating some Articles of the Law on
Investment:
“Pursuant to the Law on Government
Organization No. 76/2015/QH13 dated June 19, 2015 and the Law dated November
22, 2019 on Amendments to the Law on Government Organization and the Law on
Local Government Organization;
Pursuant to the Law on Investment No.
61/2020/QH14 dated June 17, 2020;
Pursuant to the Law on Enterprises No.
59/2020/QH14 dated June 17, 2020;
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The Government hereby promulgates a Decree to elaborate
some articles of the Law on Investment.”
[2] Anulled according to Clause 32
Article 89 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021
elaborating the Law on Investment regarding PPP investments, which comes into
force from March 29, 2021.
[3] Amended according to Clause 1 Article
108 of the Government’s Decree No. 31/2021/ND-CP dated March 26, 2021
elaborating some Articles of the Law on Investment, which comes into force from
March 26, 2021.
[4] Amended according to Clause 1 Article
89 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021
elaborating the Law on Investment regarding PPP investments, which comes into
force from March 29, 2021.
[5] Anulled according to Clause 32
Article 89 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021
elaborating the Law on Investment regarding PPP investments, which comes into
force from March 29, 2021.
[6] Anulled according to Clause 32
Article 89 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021
elaborating the Law on Investment regarding PPP investments, which comes into
force from March 29, 2021.
[7] Amended according to Point a Clause 2
Article 89 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021
elaborating the Law on Investment regarding PPP investments, which comes into
force from March 29, 2021.
[8] Amended according to Point b Clause 2
Article 89 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021
elaborating the Law on Investment regarding PPP investments, which comes into
force from March 29, 2021.
[9] Amended according to Clause 2 Article
108 of the Government’s Decree No. 31/2021/ND-CP dated March 26, 2021 elaborating
some Articles of the Law on Investment, which comes into force from March 26,
2021.
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[11] Amended according to Clause 3 Article
89 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021
elaborating the Law on Investment regarding PPP investments, which comes into
force from March 29, 2021.
[12] Amended according to Point a Clause 4
Article 89 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021
elaborating the Law on Investment regarding PPP investments, which comes into
force from March 29, 2021.
[13] Anulled according to Clause 32
Article 89 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021
elaborating the Law on Investment regarding PPP investments, which comes into
force from March 29, 2021.
[14] Amended according to Point b Clause 4
Article 89 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021
elaborating the Law on Investment regarding PPP investments, which comes into
force from March 29, 2021.
[15] Anulled according to Clause 32
Article 89 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021
elaborating the Law on Investment regarding PPP investments, which comes into
force from March 29, 2021.
[16] Amended according to Point a Clause 5
Article 89 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021
elaborating the Law on Investment regarding PPP investments, which comes into
force from March 29, 2021.
[17] Anulled according to Clause 32
Article 89 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021
elaborating the Law on Investment regarding PPP investments, which comes into
force from March 29, 2021.
[18] Amended according to Point b Clause 5
Article 89 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021
elaborating the Law on Investment regarding PPP investments, which comes into
force from March 29, 2021.
[19] Anulled according to Clause 32
Article 89 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021
elaborating the Law on Investment regarding PPP investment, which comes into
force from March 29, 2021.
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[21] Amended according to Clause 3 Article
108 of the Government’s Decree No. 31/2021/ND-CP dated March 26, 2021
elaborating some Articles of the Law on Investment, which comes into force from
March 26, 2021.
[22] Amended according to Clause 4 Article
108 of the Government’s Decree No. 31/2021/ND-CP dated March 26, 2021
elaborating some Articles of the Law on Investment, which comes into force from
March 26, 2021.
[23] Amended according to Clause 5 Article
108 of the Government’s Decree No. 31/2021/ND-CP dated March 26, 2021
elaborating some Articles of the Law on Investment, which comes into force from
March 26, 2021.
[24] Amended according to Clause 6 Article
108 of the Government’s Decree No. 31/2021/ND-CP dated March 26, 2021
elaborating some Articles of the Law on Investment, which comes into force from
March 26, 2021.
[25] Amended according to Point a Clause 7
Article 108 of the Government’s Decree No. 31/2021/ND-CP dated March 26, 2021
elaborating some Articles of the Law on Investment, which comes into force from
March 26, 2021.
[26] Amended according to Point b Clause 7
Article 108 of the Government’s Decree No. 31/2021/ND-CP dated March 26, 2021
elaborating some Articles of the Law on Investment, which comes into force from
March 26, 2021.
[27] Amended according to Clause 6 Article
89 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021
elaborating the Law on Investment regarding PPP investments, which comes into
force from March 29, 2021.
[28] Anulled according to Clause 32
Article 89 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021
elaborating the Law on Investment regarding PPP investment, which comes into
force from March 29, 2021.
[29] Anulled according to Clause 32
Article 89 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021
elaborating the Law on Investment regarding PPP investments, which comes into
force from March 29, 2021.
...
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[31] Amended according to Point a Clause 8
Article 89 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021
elaborating the Law on Investment regarding PPP investments, which comes into
force from March 29, 2021.
[32] Anulled according to Clause 32
Article 89 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021
elaborating the Law on Investment regarding PPP investments, which comes into
force from March 29, 2021.
[33] Amended according to Point b Clause 8
Article 89 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021
elaborating the Law on Investment regarding PPP investments, which comes into
force from March 29, 2021.
[34] Anulled according to Clause 32
Article 89 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021
elaborating the Law on Investment regarding PPP investments, which comes into
force from March 29, 2021.
[35] Anulled according to Clause 32
Article 89 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021
elaborating the Law on Investment regarding PPP investment, which comes into
force from March 29, 2021.
[36] Amended according to Clause 9 Article
89 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021
elaborating the Law on Investment regarding PPP investments, which comes into
force from March 29, 2021.
Amended
according to Clause 3 Article 89 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021 elaborating
the Law on Investment regarding PPP investments, which comes into force from
March 29, 2021.
38 Amended according to Clause 11 Article
89 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021
elaborating the Law on Investment regarding PPP investments, which comes into
force from March 29, 2021.
39 Amended according to Clause 11 Article
89 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021
elaborating the Law on Investment regarding PPP investments, which comes into
force from March 29, 2021.
...
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...
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41 Amended according to Clause 11 Article
89 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021
elaborating the Law on Investment regarding PPP investments, which comes into
force from March 29, 2021.
42 Amended according to Clause 11 Article
89 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021
elaborating the Law on Investment regarding PPP investments, which comes into
force from March 29, 2021.
43 Amended according to Clause 12 Article
89 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021
elaborating the Law on Investment regarding PPP investments, which comes into
force from March 29, 2021.
44 Amended according to Clause 13 Article
89 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021
elaborating the Law on Investment regarding PPP investments, which comes into
force from March 29, 2021.
45 Amended according to Clause 14 Article
89 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021
elaborating the Law on Investment regarding PPP investments, which comes into
force from March 29, 2021.
46 Amended according to Clause 15 Article
89 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021
elaborating the Law on Investment regarding PPP investments, which comes into
force from March 29, 2021.
47 Amended according to Clause 16 Article
89 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021
elaborating the Law on Investment regarding PPP investments, which comes into
force from March 29, 2021.
48 Amended according to Clause 17 Article
89 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021
elaborating the Law on Investment regarding PPP investments, which comes into
force from March 29, 2021.
49 Amended according to Clause 8 Article
108 of the Government’s Decree No. 31/2021/ND-CP dated March 26, 2021
elaborating some Articles of the Law on Investment, which comes into force from
March 26, 2021.
...
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51 The phrase “the investor” is replaced
with the phrase “the selected investor or the project management enterprise
established by the selected investor to execute the project” according to
Clause 9 Article 108 of the Government’s Decree No. 31/2021/ND-CP dated March
26, 2021 elaborating some Articles of the Law on Investment, which comes into
force from March 26, 2021.
52 The phrase “the investor” is replaced
with the phrase “the selected investor or the project management enterprise
established by the selected investor to execute the project” according to
Clause 9 Article 108 of the Government’s Decree No. 31/2021/ND-CP dated March
26, 2021 elaborating some Articles of the Law on Investment, which comes into
force from March 26, 2021.
53 The phrase “the investor” is replaced
with the phrase “the selected investor or the project management enterprise
established by the selected investor to execute the project” according to
Clause 9 Article 108 of the Government’s Decree No. 31/2021/ND-CP dated March
26, 2021 elaborating some Articles of the Law on Investment, which comes into
force from March 26, 2021.
54 The phrase “the investor” is replaced
with the phrase “the selected investor or the project management enterprise
established by the selected investor to execute the project” according to
Clause 9 Article 108 of the Government’s Decree No. 31/2021/ND-CP dated March
26, 2021 elaborating some Articles of the Law on Investment, which comes into
force from March 26, 2021.
55 The phrase “the investor” is replaced
with the phrase “the selected investor or the project management enterprise
established by the selected investor to execute the project” according to Clause
9 Article 108 of the Government’s Decree No. 31/2021/ND-CP dated March 26, 2021
elaborating some Articles of the Law on Investment, which comes into force from
March 26, 2021.
56 Annulled according to Clause 32
Article 89 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021
elaborating the Law on Investment regarding PPP investments, which comes into
force from March 29, 2021.
57 Amended according to Point a Clause 18
Article 89 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021
elaborating the Law on Investment regarding PPP investments, which comes into
force from March 29, 2021.
58 Amended according to Point b Clause 18
Article 89 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021
elaborating the Law on Investment regarding PPP investments, which comes into
force from March 29, 2021.
59 Amended according to Clause 19 Article
89 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021
elaborating the Law on Investment regarding PPP investments, which comes into
force from March 29, 2021.
...
...
...
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61 Annulled according to Clause 32 Article 89 of the
Government’s Decree No. 35/2021/ND-CP dated March 29, 2021 elaborating the Law
on Investment regarding PPP investments, which comes into force from March 29,
2021.
62 Amended according to Point b Clause 20 Article 89 of the
Government’s Decree No. 35/2021/ND-CP dated March 29, 2021 elaborating the Law
on Investment regarding PPP investments, which comes into force from March 29,
2021.
63 Amended according to Point a Clause 21
Article 89 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021
elaborating the Law on Investment regarding PPP investments, which comes into
force from March 29, 2021.
64 Amended according to Point b Clause 21 Article 89 of the
Government’s Decree No. 35/2021/ND-CP dated March 29, 2021 elaborating the Law
on Investment regarding PPP investments, which comes into force from March 29,
2021.
65 Annulled according to Clause 32 Article 89 of the
Government’s Decree No. 35/2021/ND-CP dated March 29, 2021 elaborating the Law
on Investment regarding PPP investments, which comes into force from March 29,
2021.
66 Amended according to Point c Clause 21 Article 89 of the
Government’s Decree No. 35/2021/ND-CP dated March 29, 2021 elaborating the Law
on Investment regarding PPP investments, which comes into force from March 29,
2021.
67 Amended according to Clause 22 Article
89 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021
elaborating the Law on Investment regarding PPP investments, which comes into
force from March 29, 2021.
68 Amended according to
Clause 23 Article 89 of the Government’s Decree No. 35/2021/ND-CP dated March
29, 2021 elaborating the Law on Investment regarding PPP investments, which
comes into force from March 29, 2021.
69 Annulled according to
Clause 32 Article 89 of the Government’s Decree No. 35/2021/ND-CP dated March
29, 2021 elaborating the Law on Investment regarding PPP investments, which
comes into force from March 29, 2021.
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71 Amended according to
Point b Clause 24 Article 89 of the Government’s Decree No. 35/2021/ND-CP dated
March 29, 2021 elaborating the Law on Investment regarding PPP investments,
which comes into force from March 29, 2021.
72 Annulled according to Clause 32 Article 89 of the
Government’s Decree No. 35/2021/ND-CP dated March 29, 2021 elaborating the Law
on Investment regarding PPP investments, which comes into force from March 29,
2021.
73 Annulled according to Clause 32 Article 89 of the
Government’s Decree No. 35/2021/ND-CP dated March 29, 2021 elaborating the Law
on Investment regarding PPP investments, which comes into force from March 29,
2021.
74 Amended according to Point a Clause 25 Article 89 of the
Government’s Decree No. 35/2021/ND-CP dated March 29, 2021 elaborating the Law
on Investment regarding PPP investments, which comes into force from March 29,
2021.
75 Amended according to Point b Clause
25 Article 89 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021
elaborating the Law on Investment regarding PPP investments, which comes into
force from March 29, 2021.
76 Amended according to Point c Clause 25 Article 89 of the
Government’s Decree No. 35/2021/ND-CP dated March 29, 2021 elaborating the Law
on Investment regarding PPP investments, which comes into force from March 29,
2021.
77 Annulled according to Clause 32 Article 89 of the
Government’s Decree No. 35/2021/ND-CP dated March 29, 2021 elaborating the Law
on Investment regarding PPP investments, which comes into force from March 29,
2021.
78 Annulled according to Clause 32 Article 89 of the
Government’s Decree No. 35/2021/ND-CP dated March 29, 2021 elaborating the Law
on Investment regarding PPP investments, which comes into force from March 29,
2021.
79 Annulled according to
Clause 32 Article 89 of the Government’s Decree No. 35/2021/ND-CP dated March
29, 2021 elaborating the Law on Investment regarding PPP investments, which
comes into force from March 29, 2021.
...
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81 Amended according to Point dd Clause 25 Article 89 of the
Government’s Decree No. 35/2021/ND-CP dated March 29, 2021 elaborating the Law
on Investment regarding PPP investments, which comes into force from March 29,
2021.
82 Amended according to Clause 26 Article
89 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021
elaborating the Law on Investment regarding PPP investments, which comes into
force from March 29, 2021.
83 Amended according to Point a Clause 27 Article 89 of the
Government’s Decree No. 35/2021/ND-CP dated March 29, 2021 elaborating the Law
on Investment regarding PPP investments, which comes into force from March 29,
2021.
84 Amended according to Point b Clause 27 Article 89 of the
Government’s Decree No. 35/2021/ND-CP dated March 29, 2021 elaborating the Law
on Investment regarding PPP investments, which comes into force from March 29,
2021.
85 Amended according to Point c Clause 27 Article 89 of the
Government’s Decree No. 35/2021/ND-CP dated March 29, 2021 elaborating the Law
on Investment regarding PPP investments, which comes into force from March 29,
2021.
86 Amended according to Point a Clause 28 Article 89 of the
Government’s Decree No. 35/2021/ND-CP dated March 29, 2021 elaborating the Law
on Investment regarding PPP investments, which comes into force from March 29,
2021.
87 Amended according to Point b Clause 28 Article 89 of the
Government’s Decree No. 35/2021/ND-CP dated March 29, 2021 elaborating the Law
on Investment regarding PPP investments, which comes into force from March 29,
2021.
88 Amended according to Point c Clause 28 Article 89 of the
Government’s Decree No. 35/2021/ND-CP dated March 29, 2021 elaborating the Law
on Investment regarding PPP investments, which comes into force from March 29,
2021.
89 Annulled according to Clause 32 Article 89 of the
Government’s Decree No. 35/2021/ND-CP dated March 29, 2021 elaborating the Law
on Investment regarding PPP investments, which comes into force from March 29,
2021.
...
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91 Amended according to Point b Clause 29 Article 89 of the
Government’s Decree No. 35/2021/ND-CP dated March 29, 2021 elaborating the Law
on Investment regarding PPP investments, which comes into force from March 29,
2021.
92 Amended according to Point a Clause 30 Article 89 of the
Government’s Decree No. 35/2021/ND-CP dated March 29, 2021 elaborating the Law
on Investment regarding PPP investments, which comes into force from March 29,
2021.
93 Amended according to Point b Clause 30 Article 89 of the
Government’s Decree No. 35/2021/ND-CP dated March 29, 2021 elaborating the Law
on Investment regarding PPP investments, which comes into force from March 29,
2021.
94
Clause
1 and Clause 2 Article 92 of the Government’s Decree No. 35/2021/ND-CP dated
March 29, 2021 elaborating the Law on Investment regarding PPP investments,
which comes into force from March 29, 2021:
“Article 92. Effect
1. This Decree comes into force from the day
on which it is signed, except the regulations specified in Clause 2 of this
Article.
2. Regulations of Article 90 of this Decree
come into force from October 01, 2019.”
Clause 1 Article 131 of the Government’s
Decree No. 31/2021/ND-CP dated March 26, 2021 elaborating some Articles of the
Law on Investment, which comes into force from March 26, 2021:
“Article 131. Effect
...
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