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MINISTRY OF PLANNING AND INVESTMENT OF VIETNAM
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SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No. 10/2024/TT-BKHDT
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Hanoi, June 12, 2024
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CIRCULAR
AMENDMENTS TO SOME ARTICLES OF CIRCULAR NO. 09/2021/TT-BKHDT
DATED NOVEMBER 16, 2021 OF THE MINISTER OF PLANNING AND INVESTMENT ON GUIDELINES
FOR SELECTION OF INVESTORS FOR EXECUTING PUBLIC-PRIVATE PARTNERSHIP PROJECTS
AND INVESTMENT PROJECTS INVOLVING LAND USE, CIRCULAR NO. 10/2022/TT-BKHDT DATED
JUNE 15, 2022 OF THE MINISTER OF PLANNING AND INVESTMENT ON ELABORATION OF
PROVISION AND PUBLISHING OF INFORMATION AND SELECTION OF INVESTORS ON VIETNAM
NATIONAL E-PROCUREMENT SYSTEM
Pursuant to the Law on
Bidding dated November 26, 2013;
Pursuant to the Law on
Investment dated June 17, 2020;
Pursuant to the
Government’s Decree No. 31/2021/ND-CP dated March 26, 2021 on elaboration and
guidance on implementation of some Articles of the Law on Investment;
Pursuant to the
Government’s Decree No. 25/2020/ND-CP dated February 28, 2020 on elaboration of
some Articles of the Law on Bidding with regard to selection of investors;
Pursuant to the
Government’s Decree No. 23/2024/ND-CP dated February 27, 2024 on elaboration of
some Articles and measures for implementation of the Law on Bidding with regard
to selection of investors for implementation of projects subject to bidding
organization in accordance with special laws;
Pursuant to the
Government's Decree No. 86/2017/ND-CP dated July 25, 2017 on functions, tasks, powers
and organizational structure of the Ministry of Planning and Investment;
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The Minister of
Planning and Investment promulgates a Circular on amendments to some Articles
of Circular No. 09/2021/TT-BKHDT dated November 16, 2021 of the Minister of
Planning and Investment on guidelines for selection of investors for executing
public-private partnership projects and investment projects involving land use,
Circular No. 10/2022/TT-BKHDT dated June 15, 2022 of the Minister of Planning
and Investment on elaboration of provision and publishing of information and
selection of investors on Vietnam National E-Procurement System.
Article
1. Amendments to some Articles of Circular No. 09/2021/TT-BKHDT dated November
16, 2021 of the Minister of Planning and Investment on guidelines for selection
of investors for executing public-private partnership projects and investment
projects involving land use
1. Clause 1 Article 6
shall be annulled and Article 6 shall be amended as follows:
“1. Preliminary capacity
and experience requirements and announcement of list of investment projects
involving land use with regard to projects of which investment guidelines have
to be approved as prescribed in Point a Clause 1 Article 12 of the Decree No.
25/2020/ND-CP shall be determined and performed as follows:
a) With regard to
projects of which investment guidelines are subject to the Prime Minister’s
approval:
Provincial People's
Committees shall take charge of organizing bidding in accordance with Clause 8
Article 32 of the Decree No. 31/2021/ND-CP. Based on the decision to give
approval for investment guidelines of the project, the Provincial People's
Committee shall assign the Provincial Department of Planning and Investment to
play the leading role and cooperate with relevant authorities to set out
preliminary capacity and experience requirements, and submit them to the
Provincial People's Committee for approval before the list of projects is
announced. With regard to a project located in an economic zone, the Provincial
People's Committee shall assign the management board of that economic zone to
set out and approve preliminary capacity and experience requirements before the
list of projects is announced.
b) With regard to
projects of which investment guidelines are subject to approval of Provincial
People's Committees:
Provincial Departments of
Planning and Investment or economic zone management boards (for projects located
in economic zones) shall take charge of organizing bidding in accordance with
Clause 6 Article 33 of the Decree No. 31/2021/ND-CP. Based on the decision to
give approval for investment guidelines of the project, the Provincial
Department of Planning and Investment shall play the leading role and cooperate
with relevant authorities to set out preliminary capacity and experience
requirements, and submit them to the Provincial People's Committee for approval
before the list of projects is announced. With regard to a project located in
an economic zone, the management board of that economic zone shall set out and
approve preliminary capacity and experience requirements before the list of
projects is announced.
2. Preliminary evaluation
of capacity and experience of investors shall be carried out in accordance with
Article 13 of the Decree No. 25/2020/ND-CP.
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3. The project enterprise
established by the successful investor to execute the project as prescribed in
Clause 5 Article 57 of the Decree No. 25/2020/ND-CP shall inherit rights and
obligations to execute the investment project as committed by the successful
investor in the bid, and be required to meet relevant requirements set out in
laws on enterprise, investment, construction, land, residential housing and
real estate business, and relevant laws (if any).”.
2. Clause 2 Article 8
shall be annulled.
3. Clause 3 Article 8
shall be amended as follows:
“3. List of investment
projects involving land use shall be published on the national bidding system
within 07 working days from the day on which the list is approved (regarding
projects of which approval for investment guidelines is not compulsory in
accordance with the Law on Investment) or from the day on which preliminary
capacity and experience requirements are approved (regarding projects of which
investment guidelines must be approved in accordance with the Law on investment).
Article
2. Amendments to some Articles of Circular No. 10/2022/TT-BKHDT dated June 15,
2022 of the Minister of Planning and Investment on elaboration of provision and
publishing of information and selection of investors on Vietnam National
E-Procurement System
1. The phrase “dự án phải
tổ chức đấu thầu theo quy định của pháp luật chuyên ngành, pháp luật về xã hội
hóa” (projects subject to the bidding process under specialized laws or
legislation on private-sector involvement) in point a and point b Clause 1
Article 1 shall be annulled.
2. The phrases “hồ sơ
đăng ký thực hiện dự án” (document on registration of implementation of
investment project) and "yêu cầu sơ bộ năng lực kinh nghiệm” (preliminary
capacity and experience requirements) in Article 10 and Article 20 shall be
annulled.
3. The phrases “đơn vị được
cấp có thẩm quyền giao nhiệm vụ đối với dự án phải tổ chức đấu thầu theo quy định
của pháp luật chuyên ngành, pháp luật về xã hội hóa” (units assigned by the
competent authorities to projects subject to the bidding process under
specialized laws or legislation on private-sector involvement”; and “đơn vị được
cấp có thẩm quyền giao nhiệm vụ đánh giá đối với dự án phải tổ chức đấu thầu
theo quy định của pháp luật chuyên ngành, pháp luật về xã hội hóa” (unit
assigned by the competent authority to evaluate project subject to the bidding
process under specialized laws or legislation on private-sector involvement) in
Article 20 and Article 27 shall be annulled.
4. Article 21 shall be
amended as follows:
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1. Clarification of
E-HSQT, E-HSDST, E-HSDKTHDA:
a) The investor shall:
- Clarify E-HSQT,
E-HSDST, E-HSDKTHDA at the request of the procuring entity, the
project-preparing unit or the presiding agency or unit that receives the
proposal for PPP project, provincial Department of Planning and investment,
economic zone management board (with regard to investment projects involving
land use);
- Self-clarify and
supplement proving documents on the investor’s legal status, capacity and
experience if E-HSQT, E-HSDST or E-HSDKTHDA does not include information or the
documents on the investor’s legal status, capacity and experience are available
but they have not yet been submitted together with HSQT, E-HSDST or E-HSDKTHDA
b) The clarification of
E-HSQT, E-HSDST (with regard to PPP projects), E-HSDKTHDA (with regard to
investment projects involving land use) shall be conducted on the System. All
requests for clarification and clarification documents of the investors shall
be made on the System.
2. Revision, replacement
and withdrawal of E-HSQT, E-HSDST, E- HSDKTHDA:
a) After submission of
E-HSQT, E- HSDST, E-HSDKTHDA, the investor may revise, replace or withdraw E-HSQT,
E-HSDST, E- HSDKTHDA.
b) After the deadline for
submission of E-HSQT, E-HSDST, E-HSDKTHDA, the investor must not withdraw the
submitted E-HSQT, E-HSDST, E-HSDKTHDA.".
5. Clause 3, Article 9;
Point c Clause 1, Point c Clause 2 and Point c Clause 3 Article 10; Point b
Clause 1 Article 20 shall be annulled.
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1. This Circular comes
into force as of July 26, 2024.
2. Any difficulties that
arise during the implementation of this Circular should be reported to the Ministry
of Planning and Investment for guidance./.
MINISTER
Nguyen Chi Dung