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MINISTRY OF
TRANSPORT OF VIETNAM
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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No.
12/2023/TT-BGTVT
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Hanoi, June 29,
2023
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CIRCULAR
AMENDMENTS TO CERTAIN ARTICLES OF CIRCULAR NO.
23/2021/TT-BGTVT DATED November 05, 2021 OF THE MINISTER OF TRANSPORT OF
VIETNAM guiding production, approval, and announcement of list of
projects; methods and criteria of bid evaluation and bidding for investors of
airport service works at airports and aerodromes
Pursuant to the Vietnam Law on Civil Aviation
dated June 29, 2006 and the Law on amendments to the Vietnam Law on Civil
Aviation dated November 21, 2014;
Pursuant to the Law on Procurement dated
November 26, 2013;
Pursuant to the Land Law dated November 29,
2013;
Pursuant to the Law on Investment dated June 17,
2020;
Pursuant to Decree No. 56/2022/ND-CP dated
August 24, 2022 of the Government of Vietnam on functions, tasks, powers and
organizational structure of the Ministry of Transport of Vietnam;
Pursuant to Decree No25/2020/ND-CP dated
February 28, 2020 of the Government elaborating on certain Articles of the Law
on Bidding regarding investor selection;
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Pursuant to Decree No. 05/2021/ND-CP dated
January 25, 2021 of the Government on management and operation of airports and
aerodromes;
Pursuant to Decree No. 31/2021/ND-CP dated March
26, 2021 of the Government on elaborating to Law on Investment;
At the request of Director General of Transport
Infrastructure Department and Director General of Civil Aviation Authority of
Vietnam;
The Minister of Transport hereby promulgates a Circular
on amendments to certain Articles of Circular No. 23/2021/TT-BGTVT dated
November 05, 2021 of the Minister of Transport guiding production, approval,
and announcement of list of projects; methods and criteria of bid evaluation
and bidding for investors of airport service works at airports and aerodromes.
Article 1. Amendments to
certain Articles and Appendices of Circular No. 23/2021/TT-BGTVT dated November
05, 2021 of the Minister of Transport of Vietnam guiding production, approval,
and announcement of list of projects; methods and criteria of bid evaluation
and bidding for investors of airport service works at airports and aerodromes
(hereinafter referred to as “Circular No. 23/2021/TT-BGTVT)
1. Amendments to Article 8:
“Article 8. Preparation and submission of
dossiers on project registration
1. Investors are responsible for preparing and
submitting applications for project registration based on information announced
in accordance with Clause 2 Article 7 hereof. An application for project
registration of an investor consists of: the application form; documents
regarding legal status, capacity, and experience of the investor; other
relevant documents (if any). The submission of the applications for project
registration shall comply with regulations in Circular No. 10/2022/TT-BKHDT
dated June 15, 2022 of the Minister of Planning and Investment elaborating the
provision, update of information and selection of investors on the National
Bidding Network System.
2. Once the deadline for project registration
expires, Civil Aviation Authority of Vietnam shall assess capacity and
experience of investors who have submitted their applications for project
registration.".
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“2. For airports and aerodromes in operation,
minimum payment to state budget (m3) is determined using the formula
below:”
3. Addition of Clause 3 of Article 16:
“3. For new airports and aerodromes, the land areas
of which have been cleared and compensated for using state budget capital,
minimum payment to state budget (m3) is determined using the formula
below:
m3 = g x s
Where:
- g: highest price per square meter approved by the
People’s Committee to calculate the amount of compensation for land
expropriation by the State in order to construct airports and aerodromes (up to
the point of time when the bidding documents for investor selection are
approved);
- s: land area of the project site stated in the
paragraph concerning “estimated land use demands” in documents presenting list
of projects approved by the Ministry of Transport according to regulations in
Article 6 hereof.
The land area is valued for relativity, is a ground
for the investor to propose submission of state budget and is independent of
the land rent payable by the investor according to regulations of land
law.".
4. Amendments to Clause 2 Section 6 Chapter I
Appendix II:
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5. Amendments to Section 1.2 CDNDT Chapter II Part
1 Appendix IV:
“Estimated total project cost (m1): _____ [specify
the estimated total project cost that have been approved in the list of
projects].
- Estimated cost for compensation, support and
resettlement (m2): _____ [specify the estimated cost for compensation,
support and resettlement of the land area requiring support or resettlement
which is determined in Clause 2 Article 15 of this Circular].
- Minimum payment to state budget (m3): ____
[specify the minimum payment to state budget which is determined according to
regulations in Clause 2 Clause 3 Article 16 of this Circular].”.
Article 2. Entry into force and
responsibilities for implementation
1. This Circular comes into force from June 29,
2023.
2. Chief of the Ministry Office, Chief Inspector of
the Ministry, Director Generals of Departments, Director of Transport
Construction Investment Management Authority, Director General of Civil
Aviation Authority of Vietnam, Heads of relevant agencies, organizations and
individuals are responsible for the implementation of this Circular./.
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