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THE MINISTRY OF
INDUSTRY AND TRADE OF VIETNAM
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THE SOCIALIST
REPUBLIC OF VIET NAM
Independence-Freedom-Happiness
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No. 27/2024/TT-BCT
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Hanoi, November
21, 2024
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CIRCULAR
PRESCRIBING BID
EVALUATION CRITERIA AND FORMS OF BIDDING DOCUMENTS FOR SELECTING INVESTORS
EXECUTING ENERGY PROJECTS
Pursuant to the Government’s Decree No.
96/2022/ND-CP dated November 29, 2022 defining the functions, tasks, powers and
organizational structure of the Ministry of Industry and Trade of Vietnam;
Pursuant to the Government’s Decree No.
26/2018/ND-CP dated February 28, 2018 introducing the Charter on organization
and operation of Vietnam Electricity (EVN);
Pursuant to the Government’s Decree No.
105/2024/ND-CP dated August 01, 2023 providing amendments to the Government’s
Decree No. 96/2022/ND-CP dated November 29, 2022 defining the functions, tasks,
powers and organizational structures of the Ministry of Industry and Trade of
Vietnam and the Government’s Decree No. 26/2018/ND-CP dated February 28, 2018
introducing the Charter on organization and operation of Vietnam Electricity
(EVN);
Pursuant to the Law on Electricity dated
December 03, 2004;
Pursuant to the Law on amendments to the Law on
Electricity dated December 20, 2012;
Pursuant to the Law on amendments to some
articles concerning planning of 11 laws dated June 15, 2018;
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Pursuant to the Government’s Decree No.
137/2013/ND-CP dated October 21, 2013 providing guidelines for
implementation of the Law on Electricity and the Law on amendments to the Law
on Electricity;
Pursuant to the Government’s Decree No.
115/2024/ND-CP dated September 16, 2024 elaborating and providing guidelines
for implementation of the Law on Bidding regarding selection of investors
executing investment projects involving land use;
At the request of the Director of Electricity
and Renewable Energy Authority;
The Minister of Industry and Trade of Vietnam
promulgates a Circular prescribing bid evaluation criteria and forms of bidding
documents for selecting investors executing energy projects.
Chapter I
GENERAL PROVISIONS
Article 1. Scope
This Circular elaborates:
1. Clause 2 Article 49 of the Government’s Decree
No. 115/2024/ND-CP dated September 16, 2024 elaborating and providing
guidelines for implementation of the Law on Bidding regarding selection of
investors executing investment projects involving land use (hereinafter
referred to as “Decree No. 115/2024/ND-CP”) regarding the criteria for
evaluation of investment efficiency in sector/industry/local development of
energy projects.
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3. Forms of bidding documents for selecting
investors executing energy projects.
Article 2. Regulated entities
1. Organizations and individuals involved in
bidding for selection of investors executing the projects prescribed in clause
6 Article 3 of the Decree No. 137/2013/ND-CP dated October 21, 2013 providing
guidelines for implementation of the Law on Electricity and the Law on
amendments to the Law on Electricity, which is added according to clause 1
Article 70 of the Decree No. 115/2024/ND-CP.
2. Organizations and individuals that carry out
selection of investors executing energy projects other than those prescribed in
clause 1 of this Article may apply provisions of this Circular at their
discretion.
Article 3. Definitions
For the purposes of this Circular, these terms
shall be construed as follows:
1. “power buyer” means Vietnam Electricity
(EVN) (or its authorized unit), Northern Power Corporation, Central Power Corporation,
Southern Power Corporation, Hanoi City Power Corporation, or Ho Chi Minh City
Power Corporation.
2. “EOI requester” means an agency or unit
affiliated to the Ministry of Industry and Trade of Vietnam; a specialized
agency, agency or unit affiliated to a provincial People's Committee; an agency
or unit affiliated to an economic zone management board (for a project located
in an economic zone); or a district-level People's Committee that is assigned
to carry out procedures for invitation for EOI (Expression of Interest).
3. “competent authority” means an authority
that approves investment guidelines as prescribed in the Law on Investment or
authority making decision to conduct bidding for investor selection. In respect
of a project whose investment guidelines are subject to approval given by the
National Assembly or the Prime Minister, the competent authority shall be the
authority making decision to conduct bidding for investor selection.
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Article 4. Preparation of invitation for EOI,
EOI request and bidding documents for energy projects
1. Invitation for EOI and EOI request are made
using the forms in Appendix I enclosed herewith.
2. Bidding documents are made using the form in
Appendix II enclosed herewith and applied to projects applying competitive
bidding or limited bidding under single-stage one-envelope procedure or
two-stage one-envelope procedure, and must comply with provisions of the Law on
Bidding dated June 23, 2023 and the Decree No. 115/2024/ND-CP.
3. Draft power purchase agreements are prepared on
the following grounds:
a) For projects on construction of thermal power
plants using natural gas or liquefied natural gas (LNG) or hydroelectric
power plants (excluding small hydroelectric power plants), a draft power
purchase agreement is prepared on the grounds prescribed in the Circular No.
07/2024/TT-BCT dated April 12, 2024 of the Minister of Industry and Trade of
Vietnam.
b) For projects on construction of biomass power
plants, excluding the power plants that apply power purchase price mechanisms
laid down in documents issued by competent authorities, a draft power purchase
agreement is prepared on the grounds prescribed in the Circular No.
07/2024/TT-BCT dated April 12, 2024 of the Minister of Industry and Trade of
Vietnam.
c) For projects on construction of solar power
plants, a draft power purchase agreement is prepared on the grounds prescribed
in the Circular No. 18/2020/TT-BCT dated July 17, 2020 of the Ministry of
Industry and Trade of Vietnam and Circulars providing amendments thereto.
d) For projects on construction of wind power
plants, a draft power purchase agreement is prepared on the grounds prescribed
in the Circular No. 02/2019/TT-BCT dated January 15, 2019 of the Minister of
Industry and Trade of Vietnam, and Circulars providing amendments thereto.
e) For projects on construction of biomass power
plants governed by the Prime Minister’s Decision No. 24/2014/QD-TTg dated March
24, 2014 and the Prime Minister’s Decision No. 08/2020/QD-TTg dated March 05,
2020, a draft power purchase agreement is prepared on the grounds prescribed in
the Circular No. 16/2020/TT-BCT dated July 07, 2020 of the Minister of Industry
and Trade of Vietnam.
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4. In the forms provided in Appendixes I and II
enclosed herewith, italicized text provides instructions and illustrative provisions
and shall be specified in detail in EOI request or bidding documents according
to the scale, nature and specific conditions (if any) of each project.
5. Provision and publishing of information on
bidding for selection of investors executing energy projects on Vietnam
National E-Procurement System (VNEPS) shall comply with provisions of the
Circular No. 15/2024/TT-BKHDT dated October 01, 2024 of the Ministry of
Planning and Investment of Vietnam.
Chapter II
BID EVALUATION CRITERIA
Article 5. Criteria for technical evaluation of
investor's investment and business plan
Technical evaluation criteria include:
1. Those criteria prescribed in Points a, b and c
Clause 1 Article 47 of Decree No. 115/2024/ND-CP.
2. Other technical evaluation criteria:
a) The conformity of the investor’s proposed
investment plan (in terms of the project location, scale, execution schedule,
space diagrams, investment phasing and key technical parameters) with the
decision on approval of investment guidelines (for a project whose investment
guidelines require approval) or written approval of the investment project
involving land use (for a project whose investment guidelines do not require
approval).
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Article 6. Criteria for evaluation of investment
efficiency in development of electricity sector
1. The ceiling electricity price is set on the
basis of the bidding documents for the project and lower than the price ceiling
(maximum price) of the electricity generation price bracket for the
corresponding type of power source announced by the Ministry of Industry and
Trade of Vietnam in the bidding year.
2. Principles for setting the ceiling electricity
price shall be agreed upon with the power buyer in accordance with regulations
of law on electricity and specified in the bidding documents on the following
grounds:
a) Reasonable expenses incurred by the investor
during the economic life of the project; internal rate of return (IRR) which
does not exceed 12%.
b) The ceiling electricity price excludes VAT,
water resource tax, water rights fees, payments for forest environmental
services, environmental protection fees for solid waste and industrial
wastewater (for a thermal power plant) and taxes, fees and other amounts
payable in cash according to regulations of regulatory authorities (except
taxes and fees which have been calculated in the electricity pricing plan).
Chapter III
IMPLEMENTATION
Article 7. Transition
1. If the bidding documents for an energy project
are not yet issued or have been issued but the bid closing date has not yet
passed, such bidding documents must be prepared in accordance with provisions
of this Circular.
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Article 8. Effect
1. This Circular comes into force from the date on
which it is signed.
2. Difficulties that arise during the
implementation of this Circular should be reported to the Ministry of Industry
and Trade of Vietnam for consideration./.
PP. MINISTER
DEPUTY MINISTER
Nguyen Hoang Long
Appendix
I
FORMS
OF INVITATION FOR EXPRESSION OF INTEREST AND REQUEST OF EXPRESSION OF INTEREST
FOR AN ENERGY PROJECT
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This Appendix includes:
1. Form of Invitation for EOI
2. Form of EOI request
1. Form of Invitation for EOI
……….[place],
…………………..[date]
To: Interested
investors
_________ [specify name of
the EOI requester] is writing to invite interested investors to submit
applications for execution of the project ________ [specify the project’s
name as indicated in the decision on approval of investment guidelines, if the
approval for the project’s investment guidelines is required, or written
approval of the investment project involving land use, if the approval for the
project’s investment guidelines is not required] that contains the
following information:
1. Project’s name; investment
objectives and scale: _____________________________
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- Total estimated costs of
project:____________________________________________
- Compensation, support and
resettlement costs (if any):__________________________
3. Project location:
_______________________________________________________
4. Land use purpose; current use
of land:
5. Area of the land plot used
for executing the project: ___________________________
6. Planning targets: ______________________________________________________
7. Project execution duration
and schedule; preliminary plan for investment phasing or division of the
project into smaller parts (if any); execution schedule of each stage of the
project (if any): __________________________
8. Deadline for submission of
applications for project execution: ____________________
[specify date and time, provided that the period from the issue
date of the EOI request to the bid closing date
must be at least 30 days.]
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- _____ [specify name of the
EOI requester]
- Address:
_____________________________________________________________
- Telephone number:
_____________________________________________________
- Fax
number:___________________________________________________________
10. Any investor having interest or wishing to register for execution of
the project must follow procedures for issuance of digital certificate and
submit an application for execution of the project on Vietnam
E-Procurement System (VNEPS).
Representative
of the EOI requester
[specify name, position, signature and seal]
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REQUEST FOR
EXPRESSION OF INTEREST (EOI)
Name of the project:
______________________________
[specify the project’s name as indicated in the
decision on approval of investment guidelines, if the approval for the
project’s investment guidelines is required, or written approval of the
investment project, if the approval for the project’s investment guidelines
is not required]
Date of issuance:
______________________________
[specify the
date of starting issuance of the EOI request to investors]
This document is enclosed with Decision No.:
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[specify
the number and date of issuance of the decision on approval of the EOI
request]
Consultant on
preparation of EOI request
(if any)
[full
name, signature and seal (if any)]
EOI requester
[full
name, signature and seal (if any)]
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TABLE OF CONTENTS
SUMMARY
ABBREVIATIONS
PART 1. PROCEDURES FOR INIVITATION FOR EOI
Chapter 1. Instructions to investor
Chapter 2. Evaluation of applications for
project execution
Chapter 3. Document forms used in EOI request
response
PART 2. PROJECT EXECUTION REQUIREMENTS
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SUMMARY
PART 1. PROCEDURES FOR
INVITATION FOR EOI
Chapter I. Instructions to
investors (ITI)
This Chapter provides the
information necessary for investors to prepare responsive applications for
project execution. It also gives information on preparation, submission,
opening and evaluation of applications for project execution.
Chapter II. Evaluation of
applications for project execution
This Chapter provides methods
and criteria for evaluation of applications for project execution.
Chapter III. Document forms
used in EOI request response
This Chapter provides document
forms which will be completed by investors and form part of their applications
for project execution.
PART 2. PROJECT EXECUTION
REQUIREMENTS
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ABBREVIATIONS
ITI
Instructions to investors
VNEPS
Vietnam E-Procurement System
Application for project
execution
Application for project
execution
EOI request
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Bidding Law
The Law on Bidding No. 22/2023/QH15
dated June 23, 2023
Decree No. 115/2024/ND-CP
The Government’s Decree No.
115/2024/ND-CP dated September 16, 2024 elaborating and providing guidelines
for implementation of the Bidding Law regarding selection of investors
executing investment projects involving land use
PART 1. PROCEDURES FOR
INVITATION FOR EOI
CHAPTER I.
INSTRUCTIONS TO INVESTORS (ITI)
Section 1. Invitation for EOI contents
1.1. _________ [specify name
of the EOI requester] is writing to invite interested investors to submit
applications for execution of the project ________ [specify the project’s
name as indicated in the decision on approval of investment guidelines, if the
approval for the project’s investment guidelines is required, or written
approval of the investment project involving land use, if the approval for the
project’s investment guidelines is not required].
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Based on contents of the
decision on approval of investment guidelines (for a project whose investment
guidelines require approval) or written approval of information on the
investment project involving land use (for a project whose investment
guidelines do not require approval), the EOI requester provides brief
information on the project, including:
1. Project’s name; investment
objectives and scale: _____________________________
2. Total investment capital of
project: _________________________________________
- Total estimated costs of
project:____________________________________________
- Compensation, support and
resettlement costs (if any):__________________________
3. Project location:
_______________________________________________________
4. Land use purpose; current use
of land:
5. Area of the land plot used
for executing the project: ___________________________
6. Planning targets:
______________________________________________________
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8. Deadline for submission of
applications for project execution: ____________________
[specify date and time, provided that the period from the issue
date of the EOI request to the bid closing date must be at least 30 days.]
Section 2. Prohibited acts in bidding
Prohibited acts in bidding for
investor selection are those specified in Article 16 of the Bidding Law.
Section 3. Eligibility of investors
An
independent investor or a member of a bidding consortium shall be considered
eligible when meeting all of the following requirements:
3.1.
If it is a domestic investor, it must be an enterprise, cooperative,
cooperative union, artel, public sector entity or foreign-invested economic
organization that is duly established and operating under the law of Vietnam.
If it is a foreign investor, it must be duly established and operating under
the law of its home country;
3.2.
It must keep independent accounting records;
3.3.
It is not undergoing dissolution process and does not have its enterprise
registration certificate or cooperative/cooperative union/ artel registration
certificate revoked; is not facing insolvency as prescribed by the Law on
Bankruptcy;
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3.5.
It must ensure competitiveness in bidding as prescribed in clause 5 Article 6
of the Bidding Law and Article 5 of the Decree No. 115/2024/ND-CP. Particulars
of consultants are as follows:
- Consultant on preparation of
application for approval of investment guidelines (for an investment project
involving land use whose investment guidelines require approval, if any): ___
[insert full name and address of the consultant] ([1]);
- Consultant on preparation of
project proposal (for an investment project involving land use whose investment
guidelines do not require approval, if any): ___ [insert full name and
address of the consultant](1);
- Consultant on preparation of
pre-feasibility study report or feasibility study report before organizing
invitation for EOI process (if any): ___ [insert full name and address of
the consultant](1);
- Consultant on preparation of EOI request (if any): ___ [insert full
name and address of the consultant];
- Consultant on evaluation of applications
for project execution (if any): ___ [insert full name and address of the
consultant].
3.6.
It is not subject to any decision on prohibition from participation in bidding
issued by a competent person, Minister, Minister of Industry and Trade of
Vietnam or Chairperson of the provincial-level People’s Committee as prescribed
in Clause 3 Article 87 of the Bidding Law.
3.7. It is not liable to
criminal prosecution.
3.8. It is eligible to have land
allocated or leased by the State and meets all relevant land allocation or land
lease requirements laid down in the Land Law.
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4.1. The EOI request consists of
Part 1, Part 2, Part 3 and any modifications and clarifications to the EOI
request as prescribed in Section 7 of the ITI, and those stated
below:
a) Part 1. Procedures for
invitation for EOI
- Chapter I. Instructions to
investors (ITI)
- Chapter II. Evaluation of
applications for project execution
- Chapter III. Document forms
used in EOI request response
b) Part 2. Project execution
requirements
4.2. The invitation for EOI
published by the EOI requester is just a notice and shall not be considered as
part of the EOI request.
4.3. The EOI requester accepts
no responsibility for the accuracy and completeness of the EOI request,
clarifications of the EOI request, minutes of the pre-bid meeting (if any) or
any addenda to the EOI request it provides.
4.4. Investors are expected to
examine all instructions, document forms used in EOI request response, project
execution requirements and other requirements laid down in the EOI request to
prepare their applications for project execution.
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An investor’s capacity and
experience shall be preliminarily evaluated according to the following
criteria:
5.1. Required equity.
5.2. Experience in executing
similar projects.
Further details are provided in Chapter II. Evaluation of applications
for project execution.
Section 6. Clarification of
EOI request
6.1. An investor requiring
any clarification of the EOI request shall send its request for clarification
to the EOI requester via VNEPS at least ___ days [insert specific number of
days which must not be fewer than 05 working days] before the deadline for
submission of applications for project execution.
6.2. Upon its receipt of a
request for clarification sent within the prescribed time limit, ___ [insert
name of the EOI requester] shall respond to the request and publish its
response on VNEPS at least ___ days [insert specific number of days which
must not be fewer than 02 working days] before the deadline for submission
of applications for project execution.
6.3. Clarifications to the EOI
request must not be contrary to the contents of EOI request previously
published on VNEPS. Should the clarifications to the EOI request result in
changes to the EOI request, the modification of the EOI request shall be
subject to provisions of Section 7 of the ITI.
6.4. The clarification of the EOI
request forms part of the EOI request.
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7.1. In case modifications are made
to the EOI request after it has been issued, the EOI requester shall publish
the modification decision, the addenda to the EOI request and the modified EOI
request on VNEPS. The modification decision forms part of the EOI request.
Prospective investors shall frequently access VNEPS to receive updated
information on the EOI request.
7.2. The decision to modify the
EOI request must be published at least ___ days before the deadline for
submission of applications for project execution [insert specific number of
days which must not be fewer than 10 days]. In case of failure to publish
the decision to modify the EOI request by the prescribed deadline, the EOI
requester shall extend as necessary the bid closing date to ensure compliance
with deadline requirements laid down in this Section. The extension shall
comply with the provisions of Section 7.3 of the ITI.
7.3. If the deadline for
submission of applications for project execution needs to be extended, the EOI
requester shall publish the notice of extension and decision on approval of
such extension on VNEPS. Reasons for extension and the new deadline must be
clearly indicated in the notice of extension.
Section 8. Costs of EOI
request response
The investor shall bear all
costs associated with its preparation and submission of an application for
project execution. The EOI requester will in no case be responsible for any
costs or expenses incurred by any investor in response to the EOI request.
Section 9. Language of application for project execution
[Based on the investor
selection method, clearly indicate the language of an application for project
execution as follows:
- For international
invitation for EOI process:
The application for project
execution, as well as all correspondence and documents relating to the
application exchanged by the investor and the EOI requester, shall be written
in: _____ [If the EOI request is written in English, insert “English”; if
the EOI request is written in both English and Vietnamese, the phrase “The
investor may prepare its application for project execution in either English or
Vietnamese” shall be inserted].
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- For domestic invitation for
EOI process:
The
application for project execution, as well as all correspondence and documents
relating to the application exchanged by the investor and the EOI requester,
shall be written in Vietnamese.
Supporting documents and
materials that are part of the application for project execution may be written
in another language provided they are accompanied by translations in
Vietnamese. In case of inadequate translations, the EOI requester may request
the investor to provide additional translations, where necessary.
Section 10. Application for
project execution and submission deadline
10.1. An application for project execution
submitted by an investor shall comprise the following:
a) The application form for
project execution as prescribed in Section 13 of the ITI;
b) Documents proving the
eligibility of the person signing the application form for project execution as
prescribed in Section 13 of the ITI;
c) Document forms used in EOI
request response;
d) Any other documents: _____ [insert other necessary contents of the
application for project execution in addition to those specified in Points a, b
and c of this Section which must be conformable with the scale and nature of
the project and must not limit the investor’s response to the EOI request. If
no documents are required, insert “not applicable”].
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Section 11. Currency used for
evaluation
Currency used for evaluation: ___ [insert 01 specific currency
unit].
[11.1. For domestic invitation for EOI process, insert “VND".
11.2. For international
invitation for EOI process, insert as follows: “When evaluating
applications for project execution, prices shall be converted to a single
currency. If the currencies in which prices are quoted include VND, the prices
shall be converted to VND. If the currencies in which prices are quoted do not
include VND, the prices shall be converted to a fully convertible currency
(currency of conversion). The time and basis for determining the exchange rate
are as follows:
a) Currency of conversion: ___
[insert the currency used for evaluation of applications].
b) Time for determination of the
exchange rate:_____ [insert the time when the exchange rate is determined].
c) The basis for determining the
exchange rate:____ [insert the method of determining the cross rate (the
buying rate and selling rate of a commercial bank operating in Vietnam)]".
Section 12. Documents proving the investor’s satisfaction of eligibility,
capacity and experience requirements
12.1.
Documents proving the investor’s eligibility:
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The photocopy of one of the
following documents: Enterprise registration certificate or establishment
decision or another document of equivalent validity issued by a competent authority
to the domestic investor; the document proving establishment and operation of
the foreign investor as prescribed by the domestic law of its home country.
b) A consortium investor is
required to provide the following documents:
- The documents specified
in Point a of this Section of each consortium member;
-
The consortium agreement made by the members of the consortium using Form No.
03 in Chapter III – Document forms used in EOI request response.
12.2. Documents proving the
investor’s satisfaction of capacity and experience requirements include:
a) Information on the investor’s
capacity and experience which is provided using the forms in Chapter III –
Document forms used in EOI request response.
In case the currency specified in the documents proving the investor’s capacity
and experience is not the one specified Section 11 of this Chapter, the
investor shall, when preparing the application for project execution, carry out
conversion to a single currency as prescribed in Section 11 of this Chapter for
comparison of applications for project execution. Where the direct quote is not
available, the currency of conversion as prescribed in Section 11 of this
Chapter shall be used for conversion and declaration in the application for
project execution.
b) The investor shall submit
with its application for project execution
the following additional documents: ___ [insert other necessary contents of
the application for project execution
in addition to those specified in clause 1 of this Section which must be
conformable with the scale and nature of the project and must not limit the
investor’s response to the EOI request. If no documents are required, insert
“not applicable”].
Section 13. Application form
for project execution
13.1. For an independent investor,
the application form for project execution shall be prepared using Form No. 01
in Chapter III - Document forms used in EOI request response, and bear
signature and seal (if any) of the investor's lawful representative.
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If the investor’s legal
representative gives authorization to his/her subordinate, the power of
attorney made using Form No. 02 in Chapter III – Document forms used in EOI
request response is required. In case the authorization is prescribed in the
company’s charter or other relevant documents, these documents shall be
submitted (in this case, the power of attorney made using the Form No. 02 in
Chapter III – Document forms used in EOI request response is not required). The
original of the power of attorney (made using Form No. 02 in Chapter III –
Document forms used in EOI request response) shall be enclosed with the
application form for project execution sent to the EOI requester.
13.2. In case of a consortium,
the application form for project execution must be prepared using Form No. 01
in Chapter III – Document forms used in EOI request response, and be signed and
sealed (if any) by the lawful representative of each of the consortium members
or of the member that is assigned to sign the application form on behalf of the
consortium under the consortium agreement (if any).
The lawful representative of a
consortium member shall be the legal representative of that member or his/her
authorized person. In case of authorization, the same authorization procedures
as an independent investor in Section 13.1 of the ITI shall be followed.
Section 14. Preparation,
submission and receipt of application for project execution
14.1. The investor shall prepare
and submit the application for project execution on VNEPS according to the
requirements of the EOI request. An
application for project execution submitted by the investor includes an
application form, documents proving the investor’s legal status, capacity and
experience, and other relevant documents (if any).
14.2. The investor submits its
application for project execution on VNEPS by the deadline stated in the
invitation for EOI.
Section 15. Modification, substitution and withdrawal of application for
project execution
15.1. The investor may modify,
substitute, or withdraw its application for project execution on VNEPS before
the prescribed deadline for submission of applications for project execution.
An investor may modify its submitted application for project execution by
withdrawing this application for project execution and making appropriate
modifications thereto. After completing the modification of its application for
project execution, the investor shall re-submit the application for project
execution. If the application for project execution has been submitted before
the EOI request is modified (if any), the investor shall re-submit a new
application for project execution in accordance with the requirements of the
modified EOI request.
15.2. An investor shall not be
allowed to withdraw its submitted application for project execution after the
deadline for submission of applications for project execution.
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16.1.
The EOI requester shall receive all applications for project execution
submitted before the bid closing date which is _________ [insert specific
time and date, provided that the period from the
issue date of the EOI request to the bid closing
date must be at least 30 days, and the bid closing time should not be set to
the beginning of a business day so as not to limit the submission of
applications for project execution by investors].
16.2. The EOI requester may, at
its discretion, extend the bid closing date by amending the EOI request in
accordance with Section 7.3 of the ITI.
Section 17. Bid opening
17.1. The bid
opening shall be conducted on VNEPS within 02 hours from the deadline for
submission of applications for project execution.
17.2.
Unless an application for project execution is withdrawn by the investor as
prescribed in Section 15.1 of the ITI, the EOI requester shall open all
applications for project execution received before the bid closing date.
17.3. The EOI requester shall
organize evaluation of applications for project
execution submitted by investors.
Section 18. Clarification of
applications for project execution
18.1.
If, during the evaluation of applications for project execution, an investor
finds that existing documents proving its eligibility, capacity and experience
have yet to be submitted together with its application for project execution,
the investor shall be allowed to send such documents to the EOI requester for
clarification of its eligibility, capacity and experience. The EOI requester shall give a written notice of
its receipt of clarifications and additional documents to the investor through
VNEPS.
18.2.
If an investor is found to have not yet submitted documents proving its
eligibility, capacity and experience, the EOI requester shall request the
investor to clarify and submit additional documents proving its eligibility,
capacity and experience. The investor shall clarify its application for project
execution at the request from the EOI requester. All requests for clarification
of the EOI requester and investors’ response to the request must be made and
sent on VNEPS.
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18.4. The request for clarification
of an application for project execution shall clearly state the time limit for
response by the investor (which must be conformable with the project execution
progress and sufficient for the requested investor to prepare clarifications of
its application). If, after the requested time limit for clarification, the
investor fails to provide or provides nonresponsive clarifications, the
application for project execution submitted by the investor before the bid
closing date shall be considered and evaluated.
Section 19. Evaluation of
applications for project execution and disclosure of invitation for EOI result
19.1.
Applications for project execution shall be evaluated adopting the methods and
criteria for capacity and experience evaluation set out in Chapter II -
Evaluation of applications for project execution.
19.2. Based on
the results of the evaluation of applications for project execution, the EOI
requester shall submit the invitation for EOI result to the competent person
for consideration and approval, and organize the investor selection according
to the following provisions:
a) If there are at least two
investors meeting the requirements of the EOI request, the investor selection
shall be carried out adopting bidding procedures in Article 44 of the Decree
No. 115/2024/ND-CP.
b) If there is only one investor
submitting application and meeting the requirements of the EOI request or there
is more than one investor submitting application but only one investor meets
the requirements of the EOI request, procedures for investor approval shall be
followed as prescribed in the Law on Investment.
c) If there is no investor
submitting application or no investor meeting the requirements of the EOI
request, a written notice of termination of invitation for EOI procedures shall
be given.
19.3. For a project specified in
point a Section 19.2 of the ITI, the competent person shall consider giving
approval of the investor selection progress schedule as prescribed in Article
12 of the Decree No. 115/2024/ND-CP. The
approval mist must include information on the procuring entity, method and
procedure for bidding for investor selection, and starting time of the
selection of investor executing an energy project. The method of bidding for investor selection shall be determined
according to the following provisions:
a) Domestic competitive bidding
method will be employed if there is no foreign investor submitting application
for project execution or no foreign investor meeting the requirements of the
EOI request as prescribed in point dd clause 2 Article 11 of the Law on
Bidding;
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19.4. For a project specified in
point c Section 19.2 of the ITI, the competent person shall give a written
notice of termination of invitation for EOI procedures and consider following
any of these procedures:
a) Re-follow invitation for EOI
procedures within a time limit decided by the competent person;
b) Review and modify the EOI
request in a manner that still ensures compliance of the EOI request with the
decision on approval of investment guidelines or written approval of the
project information, and re-follow invitation for EOI procedures.
19.5. Based on the decision
issued by the competent person as prescribed in Section 19.2 of the ITI, the
EOI requester shall publish the invitation for EOI result and the investor
selection progress schedule or written notice of termination of invitation for
EOI procedures on VNEPS.
Section 20. Actions against violations during
bidding
20.1. Any entity that violates the
Bidding Law and other relevant laws shall, depending on the nature and severity
of the violation, be disciplined, incur administrative penalties or face
criminal prosecution. In case of a violation against regulations of the Bidding
Law which causes damage to the State interests, lawful rights and interests of
other entities, the violating entity shall make compensation for damage in
accordance with regulations of law.
20.2. In addition to the penalties
prescribed in Section 20.1 of the ITI, depending on the nature and severity of
the violation, the entity that performs any of the prohibited acts prescribed
in Article 16 of the Bidding Law shall be prohibited from participation in
bidding for a period from 06 months to 05 years. The violating entity,
including an employee of the EOI requester, shall be prohibited from
participation in bidding for a period of time as below:
a) If one of the violations in
clauses 1, 2 and 4 Article 16 of the Bidding Law is committed, the prohibition
period is 03 - 05 years;
b) If one of the violations in
clause 5 Article 16 of the Bidding Law is committed, the prohibition period is
01 - 03 years;
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For a consortium: if one or some
members of the consortium commit the violations in Article 16 of the Bidding Law,
all members of the consortium shall be prohibited from participation in
bidding, except the case where a consortium member commits any of the
violations in clause 4, points b, c, d, dd clause 5, points a, b, c, d, e
clause 6, and clause 7 Article 16 of the Bidding Law, only the violating member
will be prohibited from participation in bidding.
20.3. In case an entity commits
02 or more violations which all fall under jurisdiction of a competent person
but has not yet been subjected to any decision on prohibition from
participation in bidding for these violations, the competent person shall issue
a decision to prohibit the violating entity from participation in bidding in
which total period of prohibition is the sum of individual prohibition periods
imposed for these violations but shall not exceed 05 years.
20.4.
The prescriptive period for imposing the penalty that is prohibition from
participation in bidding as prescribed in Section 20.2 of the ITI is 10 years
from the occurrence of the violation.
20.5. The competent person shall
consider issuing a decision on prohibition from participation in bidding within
his/her jurisdiction within 15 days from the date of receipt of one of the
following documents:
a) A written request accompanied
by documents proving the violation provided by the EOI requester;
b) Recommendations included in
the inspection record of an inspection agency or inspection team, or audit
report of a state audit office;
c) Petition settlement result
given by the petition settlement advisory board;
d) Other documents confirming
the violation given by regulatory authorities.
20.6.
Depending on the nature and severity of the violation, the competent person
shall issue a decision on prohibition from participation in bidding as
prescribed in Section 20.5 of the ITI or request the Minister of Industry and
Trade of Vietnam or Chairperson of the relevant Provincial People's Committee
to consider issuing a decision on prohibition from participation in bidding in
electricity sector. The Minister of Industry and Trade of Vietnam or
Chairperson of the relevant Provincial People's Committee shall consider
issuing a decision on prohibition from participation in bidding within 15 days
from their receipt of the request from the competent person.
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20.8. A decision on prohibition from
participation in bidding shall, inter alia, include:
a) Name of the competent person;
b) Name of the violating entity;
c) The prohibition period, including: the
prohibition period imposed for the violation (description of the violation and
legal grounds for handling of the violation); prohibition periods for other
violations (if any); total prohibition period;
d) Scope of prohibition;
dd) Validity of the decision: effective date and
expiry date of the decision.
20.9. If
the violating entity that is subject to a decision on prohibition from
participation in bidding disagrees with the decision, they are entitled to file
a lawsuit with a competent Court in
accordance with regulations of the Civil Code.
20.10. Any
member of the expert team who commits any of the violations in Article 16 of
the Bidding Law shall incur penalties as prescribed in Section 20.2 of the ITI
and shall have his/her professional certificates in bidding revoked.
CHAPTER II
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Section 1. Examination
and evaluation of validity of application for project execution
1.1. Examination of application for project
execution
Examine component documents of
the application for project execution, including: the application form for
project execution; documents proving the investor’s eligibility, capacity and
experience, and other component documents of the application for project
execution as prescribed in Section 10 of the ITI.
1.2. Evaluation of validity of application for
project execution
The investor’s application for
project execution shall be considered valid if all of the following conditions
are met:
a) The
application form for project execution which bears the signature and seal (if
any) of the investor's lawful representative is available. In case of a
consortium, the application form for project execution must be signed and
sealed (if any) by the lawful representative of each of the consortium members
or of the member that is assigned to sign the application form on behalf of the
consortium under the consortium agreement (if any).
The application form for project execution shall be considered invalid in one of the following
cases:
- It does not bear the signature
and seal (if any) of the lawful representative of the investor or, in case of a
consortium, the signature and seal (if any) of the lawful representative of
each of the consortium members or of the member that is assigned to sign the
application form on behalf of the consortium under the consortium agreement (if
any);
- It has been signed before the
EOI request is issued, or before the power of attorney is made (if any), or, in
case of a consortium, before the consortium agreement is signed;
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b) The investor’s name is not
included in two or more applications for project execution as an independent
investor or consortium member;
c) If the investor is a
consortium, the consortium agreement that bears the signatures and seals (if
any) of the lawful representatives of all consortium members is available. The
consortium agreement must clearly define responsibilities of the lead member of
the consortium as well as the general responsibilities and separate
responsibilities of each consortium member according to Form No. 03 in Chapter
III - Document forms used in EOI request response;
d) The investor is not
prohibited from participating in bidding for investor selection as prescribed
in the Bidding Law;
dd) The investor has provided
documents proving its eligibility as prescribed in Section 3 of the ITI.
The investor’s application for
project execution shall be considered “valid” if all contents are determined to
be “responsive”. The investor’s application for project execution shall be
considered "invalid" if any content is considered "nonresponsive",
and in this case, the investor’s application for project execution will be
rejected. The investor’s application for project execution that is considered
valid will be further considered and evaluated.
Section 2. Preliminary
evaluation of the investor’s capacity and experience
2.1. The investors’ capacity and
experience shall be preliminarily evaluated on pass/fail basis. The investor
shall be considered to have met preliminary capacity and experience
requirements if all criteria are considered passed.
2.2. For a consortium investor:
a) The equity of a consortium investor is the sum of
equity amounts of all members of the consortium, and each member shall meet the
requirements corresponding to its contribution to the consortium's equity under
the consortium agreement. The lead member of the consortium must hold at least
30% of the equity. Each member of the consortium must hold at least 15% of the
equity;
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2.3. The investor’s capacity and
experience shall be preliminarily evaluated according to the following Table
01:
Table 01
PRELIMINARY CAPACITY AND EXPERIENCE REQUIREMENTS
No.
Contents
Requirements
1
Required equity
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2
Experience in investment in
and construction of similar projects and work items(2)
In order to be considered passed, the required number of projects in
which the investor or its consortium member has got involved as an investor
making equity contribution(3) or as an economic organization established by the investor to
execute the project or a contractor: _____ projects [insert the required
number of projects]. Methods for classifying projects(4):
a) Type 1: Power supply
project of the same type in which the investor has got involved as an investor making equity contribution or as an economic
organization established by the investor to execute the project, which has been
completed(5) in the last ___ years before the year of bid closing
[insert the number of years which is usually 05 – 10 years before the year
of bid closing] and whose minimum total investment (6) _____ [insert
the value which usually falls between 50% and 70% of total investment of the
project in question];
b) Type 2 (experience in
playing the role of an investor): Project on construction of power supply
works _____ [insert the type of construction works whose functions are
similar to those of the project in question as prescribed by the Law on
construction] in which the investor has got involved as an investor making equity contribution or as an economic
organization established by the investor to execute the project, which has
been completed(5) in the last ___ years before the year of bid
closing [insert the number of years which is usually 05 – 10 years before
the year of bid closing] and whose minimum total investment (6)
_____ [insert the value which usually falls between 50% and 70% of total
investment of the project in question];
c) Type 2 (experience in
playing the role of a contractor): Project, package or contract in
electricity sector in which the investor has got involved as a construction
contractor, and which has been completed(5) in the last ___ years
before the year of bid closing [insert the number of years which is
usually 05 – 10 years before the year of bid closing] and meets all of
the following conditions:
- The works/work items of the
project, package or contract are similar to the main work/work item of the
project in question which is ______ [insert the main work/work item of the
project in question; in case the project in question comprises multiple main
works/work items, the main work/work item of the highest grade of the project
in question shall be inserted];
- The minimum value is ____ [insert the value which usually
falls between 30% and 70% of the value of the main work/work
item of the project in question. In case
the value of the main work/work item
of the project in question cannot be determined, the value which usually
makes up 20% - 30% of total costs of the project in question shall be
inserted](7).
d) Type
3: Project, package or contract in electricity sector in which the investor’s
partner has got involved as a construction contractor, and which has been
completed in the last ___ years before the year of bid closing [insert the
number of years which is usually 05 – 10 years before the year of bid
closing] and meets all of the following conditions:
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- The minimum value is ____ [insert the value which usually
falls between 30% and 70% of the value of the main work/work item of the
project in question. In case the value of the main work/work item of the
project in question cannot be determined, the value which usually makes up
20% - 30% of total costs of the project in question shall be inserted](7).
Notes:
(1) The required equity shall be determined on the
basis of total investment capital (including total estimated costs of project
and compensation, support and resettlement costs (if any)).
The investor’s equity shall be determined on these grounds:
- Financial statements or report on the equity which has been audited
during the year; in case financial statements or report on the equity which has
been audited during the year is not available, those of the previous year can
be used in accordance with regulations of law on enterprises, law on auditing,
and law on accounting;
- The equity of an enterprise
whose operating period is fewer than 12 months shall be determined on the basis
of its paid-in charter capital as prescribed by the law on enterprises.
If the investor participates in more than one
project and makes other long-term financial investments (if any) within the
same period of time, it shall be required to prepare and provide the list of
such projects and other long-term financial investments, and ensure that its
total equity is sufficient to make contributions to such projects and long-term
financial investments as committed.
The investor is obliged to
provide information and documents about their financial capability using Form
No. 05 in Chapter III – Document forms used in EOI request response.
(2) Experience in executing similar projects:
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(ii) The investor or its
partner shall be allowed to describe its experience in executing only one
similar project, package or contract once and for all.
(iii) For a project for which projects with similar total
investment are unavailable, based on data on projects for which investors have
been successfully selected available on VNEPS, the EOI requester shall request
the competent person to consider including in the EOI request the requirements
regarding experience in executing similar projects which shall be equal to or
not be less than 90% of those included in the EOI request of the energy project
whose total investment is most comparable to that of the project in question.
(iv) For a
project to which the application of advanced technologies, high technologies,
eco-friendly technologies and/or best available techniques is required for
reducing environmental pollution, the investor is entitled to use
projects/works which it has directly executed and of which it makes equity
contribution and technologies have been successfully applied to prove its
experience in executing similar projects/works. Similar projects must be
supported with documents proving that technologies/techniques have been recognized
as prescribed by the law on electricity and other relevant laws.
(v) For the projects
specified in points (iii) and (iv) hereof, during consideration and valuation,
it must be assured that the investor has financial and technical capabilities
to execute the project. Project execution-related requirements stated in the
bidding documents, contracts or decisions on investor approval must fully
prescribe the investor’s responsibilities and remedies (i.e. penalties,
compensation for damage and further actions in the following stage) in the
event that the investor executing the project fails to meet project execution
progress and quality requirements. The competent person may set the required
value of the performance security which is 3% of total investment of the
project (in case of bidding for investor selection) or guarantee for project
execution in conformity with provisions of the law on investment (in case of
investor approval).
(vi)
For type-2 or type-3 projects in which the investor or its partner has got
involved as a consortium contractor, only the value of works it or its partner
directly executed shall be used to prove its experience in executing similar
packages or contracts.
(3) Investor making equity
contribution to a project means the investor that has fully made contributions
to the project’s equity (in case the investor does not establish an economic
organization to execute the project), or the founding shareholder (in case the
investor establishes an economic organization to execute the project), or the
investor receiving shares/stakes transferred from a founding shareholder before
the project is put into operation.
(4) Project conversion
method: _____ [stipulate the method for conversion of projects of various
types; in case the conversion result is a decimal number, it shall be rounded
up to the nearest integer if the digit in the tenths place is 5 or greater.
E.g.: 01 type-2 project,
package or contract equals 0,7 of a type-1 project; 01 type-3 project, package
or contract equals 0,5 of a type-1 project.]
(5) Completed: a completed project means a project
whose work items all have been put into acceptance testing and accepted for
being put into operation as prescribed by the Law on construction.
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(7) In case the investor
has executed works/work items of the same project which are similar to the main
work/work item of the project in question, the investor may provide total value
of these works/work items as evidence of its experience in executing similar
projects.
CHAPTER III.
DOCUMENT FORMS USED IN EOI REQUEST RESPONSE
1. Form No. 01: Application form for project
execution
2. Form No. 02: Power of attorney
3. Form No. 03: Consortium agreement
4. Form No. 04: Particulars of the investor and its
partners
5. Form No. 05: Investor’s financial capability
6. Form No. 06: Experience in executing similar
projects
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Form No. 01
THE SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
---------------
APPLICATION FORM
FOR PROJECT EXECUTION(1)
……….[place],
…………………..[date]
To: _____ [insert name
of the EOI requester]
After having carefully examined the EOI request for
the project ___ [insert name of the project] issued by ___ [insert
name of the EOI requester] (hereinafter referred to as “the EOI requester”)
on ___ [insert the date of starting the issuance of the EOI request to
investors] and the addendum to the EOI request No. ___ dated ___ [insert
number and date of the addendum, if any], we, ___ [insert the investor’s
name] hereby submit an application for execution of the abovementioned
project. This application form for project execution shall be submitted without
reservations and binding conditions.
We are willing to provide the EOI requester with
any additional information or clarifications at the request of the EOI
requester.
We hereby declare that(2):
1. This application form for project execution is
the only one that we enter into as an independent investor or consortium
investor.
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3. We do not violate any regulations on
competitiveness in bidding.
4. We do not engage in any corrupt, collusive or
fraudulent practices, illegally interfere in, or perform other acts of
violation against regulations on bidding while applying for execution of this
project.
5. All information provided in the application for
project execution is accurate and truthful.
6. We accept and undertake that we will fulfill all
obligations of the investor during response to the EOI request.
Investor’s legal
representative(4)
[full name,
title, signature and seal (if any)(5)]
Notes:
(1) Adequate and accurate
information, including name of the EOI requester, name of the investor, shall
be specified.
(2) If the investor is
found to have failed to fulfill these commitments, the investor shall be
considered to commit fraud acts, have its application for project execution
rejected and face penalties as prescribed.
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The lawful representative of the
investor/consortium member shall be defined according to Section 13 of the ITI.
(4) In case a foreign
investor has no seal, certification given by a competent authority to certify
that the signature appearing on the application form and other documents
included in the application for project execution is that of the investor’s
lawful representative shall be provided.
Form No. 02
POWER OF ATTORNEY
Today, on_________[date], at ______[location]
I, ___ [insert name, number of
ID card/passport/Citizen identity card, position of the investor’s legal
representative], the legal representative of ___ [insert the investor’s
name], located at ___ [insert the investor’s address], by these
presents, hereby authorize ___ [insert name, number of ID
card/passport/Citizen identity card, position of the authorized person] to
perform the following tasks during the process of selection of the investor
executing ___ [insert name of the project] organized by ___ [insert
name of the EOI requester]:
[The scope of authorization includes one
or some of the following tasks:
- Sign the application form for
project execution;
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- Sign the form of bid;
- Sign documents used for conducting
transactions with the procuring entity during the investor selection process,
including the request for clarification of the bidding documents, written
clarifications of the bid;
- Sign written petitions made during the bidding
(if any);
- Other tasks [describe the tasks (if any)].
The abovementioned authorized person shall perform
tasks within the scope of authorization in the capacity as the lawful
representative of ___ [insert the investor’s name]. __________ [insert
the name of the investor’s legal representative] shall assume the full
responsibility for tasks performed by _________ [insert name of the
authorized person] within the scope of authorization.
This power of attorney shall be
valid from ____ to ____ (1). This power of attorney is made in ____
copies of equal legal effect. The principal keeps ____ original copy(ies). The
authorized person keeps ____ original copy(ies). One (01) original copy is
attached to the original of the application for project execution./.
Authorized
person
[full
name, title, signature and seal (if any)(2)]
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[full
name of the bidder’s legal representative, title, signature and seal (if any)(3)]
Notes:
(1) The starting day and
ending day of validity period of the power of attorney shall be specified in
conformity with the bidding process.
(2), (3) In this case,
either the investor’s seal or the seal of the working unit of the authorized
person may be used.
Form No. 03
CONSORTIUM
AGREEMENT
……….[place],
…………………..[date]
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Name of the consortium
member: ___ [insert name of each member of the consortium]
- Country of operation:
- TIN:
- Address:
- Telephone number:
- Fax:
- Email:
- Legal representative:
- Position:
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The parties (hereinafter
referred to as “members”) have unanimously agreed to enter into this consortium
agreement with the following contents:
Article 1. General rules
1. The members voluntarily
establish this consortium to bid for the project ______[specify name of the
project].
2. The members have reached an
agreement on the following name of the consortium which shall be used for all
transactions relating to the project: ___ [specify the agreed-upon
name of the consortium].
Transaction address:
Telephone number:
Fax:
Email:
The consortium’s representative:
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Article 2. Assignment of
responsibilities
The members do hereby mutually agree on the
assignment of responsibilities to perform tasks during the bidding for
selection of investor executing the project as follows:
1. The members do hereby
unequivocally agree that ___ [specify name of a member] to act as the
lead member for and on behalf of the consortium to perform tasks and works
during the preparation, submission, clarification and modification of the
application for project execution.
2. Roles and responsibilities of members of the
consortium (1)[specify roles and responsibilities of each member
of the consortium and percentage of equity held by that member in the
consortium]:
No.
Member's name
Roles
[insert tasks performed by the member
[financial arrangement, construction, management, operation, etc.]
Equity
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Percentage (%)
1
Member
1 [the lead member]
[at least 30%]
2
Member
2
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[at least 15%]
3
Member
3
[at least 15%]
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Total
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100%
3. The members undertake that none of them will
submit an application for execution of this project independently or jointly
with other investors. If awarded the contract, none of the members is entitled
to refuse to fulfill the responsibilities and obligations specified in the
contract. Any member of the consortium that refuses to fulfill its agreed-upon
responsibilities shall:
- Pay compensation for damage caused to other
members of the consortium;
- Pay compensation for damage caused to competent
authorities under terms and provisions of the contract;
- Incur other disciplinary actions ____ [insert the
action to be taken].
Article 3. Effect
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2. This consortium agreement will cease to have
effect in the following circumstances:
- The parties unanimously agree to terminate the
consortium agreement;
- There are changes in members of the consortium.
In this case, if the changes in the members of the consortium are approved by
the EOI requester, the parties shall enter into a new consortium agreement;
- The consortium fails to meet preliminary capacity
and experience requirements;
- Invitation for EOI process is terminated;
This consortium agreement is
made in ___ original copies, of which ___ copies will be kept by each member of
the consortium, and 01 copy will be enclosed with the submitted application for
project execution. All original copies have equal legal effect.
Lawful
representative of each member of the consortium (2)
[name,
title, signature and seal (if any)(3) of the lawful representative
of each member of the consortium]
...
...
...
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Notes:
(1) The role and equity holding
percentage of each member of the consortium shall be specified.
(2) The lawful
representative of each consortium member may be either legal representative or
authorized representative.
(3) If a consortium member
that is a foreign investor has no seal, a certification given by a competent
authority that the signature appearing on the consortium agreement is that of
that member’s lawful representative shall be required.
Form No. 05
INVESTOR’S
FINANCIAL CAPABILITY(1)
1. Name of the investor/consortium member:
2. Information on financial capability of the
investor/consortium member(2):
...
...
...
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No.
Contents
Value
I
Equity provided for the project under
commitment
II
Equity data
...
...
...
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Total equity
2
Equity provided under commitment for ongoing
projects(4) (excluding equity amounts disbursed for ongoing
projects and other long-term financial investments (if any))
3
Mandatorily retained equity
b) Attached documents(5)
...
...
...
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- The equity of an enterprise
whose operating period is fewer than 12 months shall be determined on the basis
of its paid-in charter capital as prescribed by the law on enterprises. In this
case, documentary evidence of the enterprise’s charter capital must be
provided.
- All reports provided by the
investor must conform to laws on finance and accounting, and reflect the
financial status of the investor or the consortium member (in case of a
consortium investor) which is not that of the related entity like a parent
company or subsidiary or associated company of that investor or the consortium
member.
- The list of ongoing projects
and other long-term financial investments in case the investor participates in
multiple projects and other long-term financial investments (if any) within the
same period.
Investor’s legal
representative
[full name,
title, signature and seal (if any)]
Notes:
(1) In case of consortium
investor, each member of the consortium shall be required to fill out this Form
on their own.
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...
...
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(3) Based on requirements and nature of the project, the EOI
requester or expert team should require more information.
(4) If the investor participates
in more than one project and makes other long-term financial investments (if
any) within the same period, it shall be required to prepare the list of
ongoing projects and other long-term financial investments, and ensure that its
total equity is sufficient to make contributions to such projects and long-term
financial investments as committed.
(5) Based on requirements and nature of the project,
other documents evidencing the financial capability that the investor needs to
submit may be required (e.g. tax declaration inspection report, tax
self-declaration form, documents proving the investor’s completion of
electronic tax declaration, written certification given by tax authority,
etc.).
Form No. 05
EXPERIENCE IN EXECUTING SIMILAR PROJECTS(1)
……….[place],
…………………..[date]
[The investor describes its experience in
executing similar projects/packages/contracts according to the requirements of
the EOI request]
1. Project/package/contract No. 01: ___ [insert
name of the project/package/contract]
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...
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1
Contract
number:
Date of conclusion:
2
Name
of the project/package/contract:
3
Investment
area of the project/package/contract:
Type
of works of the project/package/contract:
4
Role
in the project:
...
...
...
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□ Construction
contractor
□ Operation contractor
□ Supplier of
goods/services
□ Economic organization established by the
contractor for executing the project
5
Name
of the competent authority/representative of the competent authority (for a
project); the employer/representative of the employer (for a
package/contract)
Address:
In-charge
person:
Telephone number:
Fax:
...
...
...
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6
Detailed
information
6.1
Information
required in case of playing the role as an investor making equity contribution
or economic organization established by the investor to execute the project
Total
investment amount:
Capacity:
...
...
...
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Quantity,
types of goods/services provided:
Project
progress and quality (2):
□ The project is under
construction and has ___ [insert specific number and value of work items
completed and put into acceptance testing] work items undergoing
acceptance testing.
□ The works have been put into acceptance testing,
and accepted for being put into operation.
□ The project is in operation:
___ [insert the operating period commencing on the day on which the
project or work is put into operation].
□
The project has been terminated.
...
...
...
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Brief
description of special technical/operational requirements:
6.2
Information
required in case of playing the role as the contractor:
Total investment
amount:
Capacity:
...
...
...
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Quantity, types
of goods/services provided:
Scope of works
performed:
[insert specific
quantity and name(s) of work item(s)]
Value of works
performed:
(insert
amount and currency unit) equivalent to VND………
[insert
specific value of each work item]
...
...
...
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Work progress
and quality(3):
□ The entire works or
all work items have been put into acceptance testing and accepted for being
put into operation.
□ The works/work items have
been put into acceptance testing: ___ [insert the quantity and value of
work items which have been put into acceptance testing, and clearly indicate
the work items which are accepted for partially being put into operation or
use according to the construction schedule as prescribed in the law on
construction].
□ The project is in operation:
___ [insert the operating period commencing on the day on which the
project or work is put into operation].
□ The operating period has
expired.
Dispute or
lawsuit-related history:
Brief
description of special technical/operational requirements:
...
...
...
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...
Investor’s legal
representative
[full name,
title, signature and seal (if any)]
Notes:
(1) Information fields
included in this Form may be modified to be conformable with criteria for
evaluation of the investor’s experience.
(2),
(3) The investor shall provide documents issued by the competent authority to
certify that the works/work items have been put into acceptance testing, and
accepted for being put into operation or use, and one or all of the following
documents:
- Decision on approval of
investment guidelines or decision on approval of investment guidelines and
investor approval, investment registration certificate or another document of
equivalent validity as prescribed by regulations of law on construction in
force in each period.
- The contract signed by and
between the competent authority and the investor (for a project or package for
which the contract has been signed).
...
...
...
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PART 2. PROJECT
EXECUTION REQUIREMENTS
Based on
the decision on approval of investment guidelines (for a project whose
investment guidelines require approval), pre-feasibility study report or
feasibility study report (if any), or written approval of information on the
investment project involving land use (for a project whose investment
guidelines do not require approval), the EOI requester or expert team shall
impose specific project execution requirements (these documents may be issued
together with the EOI request, where necessary).
Project execution requirements include:
1. Project’s name; investment objectives and scale
2. Total investment capital
of project:
- Total estimated costs of
project;
- Compensation, support and
resettlement costs (if any).
3. Project location;
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...
...
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5. Area of the land plot used
for executing the project;
6. Planning targets;
7. Project execution duration
and schedule; preliminary plan for investment phasing or division of the
project into smaller parts (if any); execution schedule of each stage of the
project (if any);
8. Investment guarantee and
incentives;
9. Other related contents.
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