Nghị định 225/2025/NĐ-CP sửa đổi các Nghị định hướng dẫn Luật Đấu thầu về lựa chọn nhà đầu tư

DECREE

AMENDMENTS TO CERTAIN ARTICLES OF DECREES ON ELABORATION OF AND MEASURES FOR IMPLEMENTATION OF THE BIDDING LAW REGARDING INVESTOR SELECTION

Pursuant to the Law on Government Organization No. 63/2025/QH15;

Pursuant to the Law on Organization of Local Government No. 72/2025/QH15;

Pursuant to the Law on Bidding No. 22/2023/QH15;

Pursuant to Law on Amendments to Law on Planning, Law on Investment, Law on Public-Private Partnership Investment, and Law on Bidding No. 57/2024/QH15;

Pursuant to Law on amendments to Law on Bidding; Law on Public-Private Partnership Investment; Law on Customs; Law on Value-added Tax; Law on Export and Import Duties; Law on Investment; Law on Public Investment; Law on Management and Use of Public Property No. 90/2025/QH15;

At the request of the Minister of Finance;

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Article 1. Amendments to certain Articles of Government’s Decree No. 23/2024/ND-CP dated February 27, 2024 on elaboration of and measures for implementation of the Law on Bidding on selection of investors to implement projects subject to bidding organization in accordance with laws on specific sectors and fields

1. Some clauses of Article 1 are amended as follows:

a) Clause 3 is amended as follows:

“3. Requirements pertaining to capacity and experience of members of expert teams and appraisal teams; information connection and sharing between VNEPS and other information systems; government management of bidding is laid down in the corresponding regulations in the Government's Decree on elaboration of and measures to implement the Law on Bidding regarding contractor selection.”.

b) Clause 3a is amended as follows:

“3a. Investor appointment, investor selection in special cases are laid down in the corresponding regulations of Chapter IVa and Chapter IVb of Government Decree No. 115/2024/ND-CP dated September 16, 2024 elaborating some articles of and introducing measures for implementing the Law on Bidding regarding selection of investors executing land-based investment projects.”;

c) Clause 3b is added following Clause 3a as follows:

“3b. Actions against violations in investor selection in bidding; petition settlement in investor selection in bidding are laid down in the corresponding regulations of Article 61a and Chapter VIIIa Government Decree No. 115/2024/ND-CP dated September 16, 2024 elaborating some articles of and introducing measures for implementing the Law on Bidding regarding selection of investors executing land-based investment projects .”.

2. Some clauses of Article 3 are amended as follows:

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“2. “EOI requester” means an agency or unit affiliated to a Ministry, ministerial agency, provincial People's Committee; agency or unit affiliated to an economic zone management board (for investment projects in economic zones); commune-level People's Committee or another agency as prescribed by specialized sector or industry law that is assigned to carry out procedures for invitation for EOIs (Expression of Interest).”;

b) Clause 3 is abrogated;

c) Clause 4a and 4b are added following Clause 4 as follows:

“4a. “Request for proposals” means all documents used for investor appointment, including the requirements for implementing investment projects serving as a basis for the investor to prepare the proposal and for the procuring entity to evaluate the proposal.

4b. “Proposal” means all documents prepared by the investor and submitted to the procuring entity as requested in the request for proposals.”

3. Clause 7 is added following Clause 6 Article 4 as follows:

“7. For projects applying investor appointment method in accordance with Clause 2a Article 34 of the Law on Bidding, projects applying investor selection in special cases in accordance with Article 34a of the Law on Bidding, the investor is not required to meet the conditions for assurance of competitiveness specified in point a Clause 1 and Clause 3 of this Article.“.

4. Points c and d are added after point b Clause 1 Article 5 as follows:

“c) Investors that are scientific and technological enterprises; innovative startups, startup support organizations accredited by competent authorities; innovation centers; holders of certificates of recognition as hi-tech enterprise, hi-tech incubator, hi-tech enterprise incubator or enterprise established from an investment project on manufacturing of hi-tech products in accordance with regulations of law on high technology are entitled to a 5% incentive rate when having their bids evaluated;

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5. Clause 1 Article 7 is amended as follows:

“1. In case there is a petition against the investor selection result resolved by a competent person, the investor shall pay a fee for resolving the petition to the standing assistance department of the Council in charge of petition resolution simultaneously with submission of the petition.”.

6. Clause 4 is added following Clause 3 Article 8 as follows:

“4. For projects applying investor appointment, investor selection method in special cases, the investor selection procedures shall comply with the corresponding regulations of Government's Decree elaborating some articles of and introducing measures for implementing the Law on Bidding regarding selection of investors executing land-based investment projects.”.

7. Article 9 is amended as follows:

“Ministries, ministerial-level agencies, provincial People's Committees shall assign affiliated agencies, organizations or commune-level People's Committees to post decisions on investment guideline approval on VNEPS in accordance with point a Clause 2 Article 47 of the Law on Bidding before organizing the investor selection.”.

8. Points a and c Clause 1 Article 10 are amended as follows:

“a) Point a Clause 1 is amended as follows:

b) The competent person shall assign an agency, organization, affiliated unit, ministerial-level agencies, provincial People's Committee, economic zone management board, commune-level People's Committee, or another agency in accordance with laws on specific sectors and fields to prepare the project proposal as prescribed in points b, c, d, dd, and e Clause 2 Article 47 of the Law on Bidding to meet the requirements of Article 1 of this Decree;”;

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“c) The Ministry, ministerial-level agency, provincial People's Committee, economic zone management board shall assign an agency, organization, affiliated unit, or commune-level People's Committee to post the investment project information on VNEPS  before organizing the investor selection.”.

9. Clause 5 Article 11 is amended as follows:

“c) The Ministry, ministerial-level agency, provincial People's Committee, economic zone management board shall assign an agency, organization, affiliated unit, or commune-level People's Committee to post the approved investor selection progress timeline on VNEPS  before organizing the investor selection.”.

10. Some clauses of Article 36 are amended as follows:

a) Clause 1 is amended as follows:

“1. Procedures for invitation for expression of interests applicable to projects that need to determine the number of interested investors shall comply with laws on specific sectors and fields specified in Point c Clause 4 Article 1 of this Decree. For projects applying investor appointment specified in Clause 2a Article 34 of the Law on Bidding or projects applying investor selection in special cases specified in Article 34a of the Law on Bidding, the procedures for invitation for expression of interests are not required.”.

b) Clause 3 is amended as follows:

“3. The competent person will assign an agency, organization, units affiliated to a ministry or ministerial-level agency, or provincial People's Committee; commune-level People's Committee to act as the EOI requester.”;

c) Clause 4 is amended as follows:

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11. Clause 1 Article 40 is amended as follows:

“1. Investors prepare and submit project registration applications on VNEPS according to the requirements of the EOI request. The duration to prepare a project registration application is at least 20 days from the first date of issuing EOI request to the bid submission deadline.”.

12. Some clauses of Article 45 are amended as follows:

a) The title of Article is amended as follows:

“Article 45. Capacity evaluation criteria ”;

b) Clause 2 is amended as follows:

“2. Bidding documents shall not contain evaluation criteria for experience in implementing similar projects but shall specify the principles for handling cases where investors submit documents proving their experience in implementing similar projects to be considered and proposed for contract award specified in Clause 5 Article 57 of this Decree.

In cases where there are relevant regulations specifying that investors must have experience in implementing similar projects, the procuring entity, expert team shall determine the evaluation criteria for experience in implementing similar projects in bidding documents according to laws on specific sectors and fields.”.

c) Clauses 3 and 4 are abrogated.

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a) Point b Clause 4 is amended as follows:

“b) The transferee must meet relevant operational conditions set out in regulations of laws applicable to the business type of the business organization, laws on investment, enterprises, land, real estate business, and laws on specific sectors and fields; inherit the bidding capacity of rights and obligations to execute the project as undertaken by the transferor in its bid and the project contract.”;

b) Point c Clause 4 is amended as follows:

“c) From the day on which the project is put into official operation, the transfer of shares/stakes shall comply with regulations on laws on enterprises, laws applicable to the business type of the business organization without requiring satisfaction of the conditions set out in points a and b hereof.";

c) Clause 5 is amended as follows:

“5. Transfer of the investment project and transfer of shares/stakes of the business organization as prescribed in clauses 3 and 4 of this Article must be specified in the contract.

Based on terms of the contracts, the competent person shall consider approving the application for transfer of the investment project or transfer of shares/stakes of the business organization.

If the application for transfer is approved, the competent person shall assign the procuring entity to review and modify the contract.”;

d) Clause 9 is amended as follows:

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14. Clause 3 Article 54 is amended as follows:

“3. Approve the Bidding document or authorize heads of agencies, organizations, units affiliated to ministries,  ministerial-level agencies, provincial People's Committees, Economic Zone Management Boards; commune-level People's Committees to approve the Bidding document.”.

15. The title of the Article 55 is amended as follows:

Article 55. Responsibilities of heads of agencies, organizations, units affiliated to ministries, ministerial-level agencies, provincial People's Committees; commune-level People's Committees”.

16. Some clauses of Article 56 are amended as follows:

a) Clause 1 is abrogated;

b) Clause 2 is amended as follows:

“2. Appraisal team consists of agencies, organizations, and units that are independent from the procuring entity, expert teams assigned by the competent person, including:

a) Agencies, organizations, units affiliated to ministries, ministerial-level agencies, Economic Zone Management Boards for projects approved by the Minister, head of ministerial-level agency, or the Head of the Economic Zone Management Board in bidding documents, investor selection results, except cases specified in Clause 3 of this Article;

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If necessary, the competent person shall consider deciding to establish the appraisal team including individuals with capabilities and experience from affiliated agencies, organizations, or units.

17. Some clauses of Article 57 are amended as follows:

a) Clause 5 is amended as follows:

“5. After evaluating the bids, if at least 2 investors have the highest and equal aggregate score, the investor having experience in implementing similar projects shall be considered and proposed for contract award. If investors have equal scores in experience in implementing similar projects, the investor having the higher score in terms of investment efficiency in developing the industry, field, or locality is considered and proposed for contract award.

b) Clause 9dd is added following Clause 9d as follows:

“9dd. “In the case where the investor is acquired during the bidding process, the acquirer may continue to participate in the bidding and inherit the bidding capacity of the acquired investor.”;

c) Clause 9b, 9c, and 9c are abrogated.

18. Clause 1 Article 58 is amended as follows:

“1. Authority to inspect bidding for investor selection:

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b) Agencies managing sectors and fields organize inspection of investor selection of projects within its management scope;

c) For projects under the jurisdiction of a ministry or ministerial-level agency, Minister, head of ministerial-level agency shall assign an agency, organization, or unit to take charge and organize inspection of bidding for investor selection;

d) For projects under the jurisdiction of a province, the Department of Finance takes charge and organizes inspection of investor selection.”.

19. Some points and clauses of Article 59 are amended as follows:

a) Point b Clause 2 is amended as follows:

“b) The President of the Provincial People's Committee shall take charge and organize the supervision of bidding for investor selection applicable to projects for which they are the competent person within the province. The Department of Finance shall assist the President of the Provincial People's Committee to supervise bidding for investor selection within the province.”.

b) Point c is added after point b Clause 2 as follows:

“c) The competent person shall assign an individual or a affiliated unit with expertise in bidding that are independent from the procuring entity, expert team, or appraisal team to supervise bidding for investor appointment, investor selection in special cases or certain other projects when necessary.”;

c) Clause 3a is added following Clause 3 as follows:

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 a) Be honest and objective; not cause inconvenience to the procuring entity, expert team, or appraisal team during the monitoring process;

b) Request the procuring entity, expert team, and appraisal team to provide relevant documents and records to facilitate the monitoring process.

c) Receive feedback from investors and relevant organizations or individuals regarding the investor selection of the project;

d) Maintain confidentiality of information as per law.

dd) Take responsibility for the results of their monitoring.

e) Fulfill other responsibilities as stipulated by bidding laws and other relevant laws.”.

20. Some clauses of Article 60 are amended as follows:

a) Clause 1 is amended as follows:

“From January 1, 2026: Carry out procedures for inviting EOIs via the domestic network in accordance with Article 61 of this Decree on VNEPS.”

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“2. From January 1, 2027: Implement electronic investor selection for land-based investment projects that apply competitive bidding and limited domestic bidding according to the single-stage, one-envelope method, or single-stage, two-envelope method as prescribed in Article 62 of this Decree on VNEPS.”

21. The phrases "experience", "and experience", "documents proving experience in implementing similar projects" are removed in the following articles and clauses: Clause 4, Article 17; Clause 1, Article 19; Clause 1, Clause 2, Article 20; Point b, Clause 1 and Point a, Clause 3, Article 21; Point b, Clause 1 and Point b, Clause 4, Article 23; Point c, Clause 2, Clause 3, first paragraph of Clause 4, Article 38; Clause 2, Article 40; Clause 2, Article 41; Clause 2, Article 44; Clause 6, Article 45; Point b and Point d, Clause 1, Article 48; Point b, Clause 3, Article 61; Point b, Clause 1, Article 63.

22. The phrase “Ministry of Planning and Investment” is replaced with the phrase "Ministry of Finance" at Point a, Clause 1, Article 58; the phrase “Department of Planning and Investment” is replaced with the phrase " Department of Finance” at Point b, Clause 2, Article 10.

23. The phrase “Council in charge of petition resolution” is replaced with the phrase “Council in charge of petition resolution” in Article 7.

Article 2. Amendments to certain Articles of Government’s Decree No. 115/2024/ND-CP dated September 16, 2024 elaborating some articles of and introducing measures for implementing the Law on Bidding regarding selection of investors executing land-based investment projects

1. Some points and clauses of Article 1 are amended as follows:

a) Point k.1 is added after point k Clause 1 as follows:

“k.1) Clause 5, Article 87 on handling violations in bidding activities to select investors;”;

b) Clause 4 is amended as follows:

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2. Some clauses of Article 3 are amended as follows:

a) Clause 2 is amended as follows:

“2. “EOI requester” means an agency or unit affiliated to a Ministry, ministerial agency, provincial People's Committee; agency or unit affiliated to an economic zone management board (for investment projects in economic zones); commune-level People's Committee or another agency as prescribed by specialized sector or industry law that is assigned to carry out procedures for invitation for EOIs (Expression of Interest).”;

b) Clause 3 is abrogated;

c) Clause 4a and 4b are added following Clause 4 as follows:

“4a. “Request for proposals” means all documents used for investor appointment, including the requirements for implementing investment projects serving as a basis for the investor to prepare the proposal and for the procuring entity to evaluate the proposal.

4b. “Proposal” means all documents prepared by the investor and submitted to the procuring entity as requested in the request for proposals.”

3. Some points and clauses of Article 4 are amended as follows:

a) Point g Clause 2 is amended as follows:

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b) Point k Clause 2 is amended as follows:

“k) Other projects as prescribed in Article 79 of the Land Law which require bidding as prescribed in regulations of laws on specific sectors and fields prescribed in point b Clause 1 Article 126 of the Land Law.”.

4. Clause 7 is added following Clause 6 Article 5 as follows:

“7. For projects applying investor appointment method in accordance with Clause 2a Article 34 of the Law on Bidding or projects applying investor selection in special cases in accordance with Article 34a of the Law on Bidding, the investor is not required to meet the conditions for assurance of competitiveness specified in point a Clause 1 and Clause 3 of this Article.“.

5. Points c and d are added after point b Clause 1 Article 6 as follows:

“c) Investors that are scientific and technological enterprises; innovative startups, startup support organizations accredited by competent authorities; innovation centers; holders of certificates of recognition as hi-tech enterprise, hi-tech incubator, hi-tech enterprise incubator or enterprise established from an investment project on manufacturing of hi-tech products in accordance with regulations of law on high technology are entitled to a 5% incentive rate when having its bid evaluated;

d) Foreign investors that commit to technology transfer to domestic investors or partners are entitled to a 2% incentive rate when having its bid evaluated.”.

6. Clause 1 Article 8 is amended as follows:

“1. In case there is a petition against the investor selection result resolved by a competent person, the investor shall pay a fee for resolving the petition to the standing assistance department of the Council in charge of petition resolution simultaneously with the petition.”.

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“4a. For a project applying investor appointment, the investor appointment process shall comply with Article 44d of this Decree.

4b. For a project applying investor selection in special cases, the investor selection process shall comply with Article 44b of this Decree.”.

8. Clause 2 Article 10 is amended as follows:

“2. Ministries, ministerial-level agencies, Provincial People's Committees, economic zone management boards shall assign affiliated agencies, organizations or commune-level People's Committees to post decisions on investment guideline approval on VNEPS in accordance with point a Clause 2 Article 47 of the Law on Bidding before organizing the investor selection.”.

9. Some clauses of Article 11 are amended as follows:

a) Point a Clause 1 is amended as follows:

“a) Based on the list of land plots for land-based investment projects with land use decisions made by the provincial People's Council, the competent person shall assign an agency, organization, affiliated unit, ministerial-level agencies, provincial People's Committee, economic zone management boards, commune-level People's Committees, or other agencies in accordance with laws on specific sectors and fields to prepare the project proposal as prescribed in points b, c, d, dd, and e Clause 2 Article 47 of the Law on Bidding to meet the requirements of Article 4 of this Decree;”;

b) Point c Clause 1 is amended as follows:

“c) The Ministry, ministerial-level agency, provincial People's Committee, economic zone management board shall assign an agency, organization, affiliated unit, or commune-level People's Committee to post the investment information of land-based investment project on VNEPS before organizing the investor selection.”.

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“c) The Ministry, ministerial-level agency, provincial People's Committee, economic zone management board shall assign an agency, organization, affiliated unit, or commune-level People's Committee to post the approved investor selection progress timeline on VNEPS  before organizing the investor selection.”.

11. Point b Clause 1 Article 13 is amended as follows:

 “b) Detailed planning or sub-zone planning of 1/2.000 scale which has been approved by a competent authority in accordance with Clause 1 Article 4 of this Decree. In case of a multi-functional land-based investment project, the project shall be determined based on its main work item or the main work item of the highest grade in case a project consists of multiple main work items as prescribed in the construction laws.”.

12. Point a Clause 3 Article 22 is amended as follows:

“a) The bid evaluation consists of evaluation of capacity of the investor; evaluation of investment and business plan; land use efficiency; and investment efficiency in sector/industry/local development;".

13. Some clauses of Article 37 are amended as follows:

a) Clause 1 is amended as follows:

“1. Procedures for invitation for expression of interests applicable to projects that need to determine the number of interested investors shall comply with laws on specific sectors and fields specified in Points e, g, h, and i Clause 2 Article 4 of this Decree. For projects applying investor appointment specified in Clause 2a Article 34 of the Law on Bidding or projects applying investor selection in special cases specified in Article 34a of the Law on Bidding, the procedures for invitation for expression of interests are not required.”.

b) Clause 3 is amended as follows:

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c) Clause 5 is amended as follows:

“5. The Ministry, ministerial-level agency, provincial People's Committee, economic zone management board shall assign an agency, organization, affiliated unit, or commune-level People's Committee to post information and invite EOIs on VNEPS.”.

14. Clause 4 Article 39 is amended as follows:

“4. An investor’s capacity shall be preliminarily evaluated according to the following criteria:

a) Required equity as prescribed in point a clause 1 Article 46 of this Decree;

b) In respect of an investment project on renovation and re-construction of an apartment building, in addition to the criteria set out in point a hereof, criteria for preliminary evaluation of an investor's capacity shall also include the requirement regarding the compensation and relocation plan as prescribed in housing laws.

c) In respect of an investment project to be implemented on land bank with existing assets attached to the land, the EOI shall specify the value of assets attached to the land (in case of asset sale) or the remaining value of the asset (in case the asset is demolished) as prescribed in law on management and use of public property.

The investor must commit in applications for project execution to submit an amount equivalent to the value of the asset determined in the EOI in case they are approved to act as the investor to execute the project in accordance with the investment laws. This value is independent of the obligation to pay land use fees, land rent, and other financial obligations of the investor to the state budget as prescribed by law.”.

15. Clause 1 Article 41 is amended as follows:

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16. Article 44a is amended as follows:

“Article 44a. Projects applying investor selection method in special cases

Investor selection in special cases shall apply to the investment projects stipulated in Clause 1 Article 34a of the Law on Bidding including:

1. The project has specific requirements regarding national defense and security, external affairs, border and territorial security according to the opinions of Ministry of National Defense, Ministry of Public Security, and Ministry of Foreign Affairs stipulated in point a Clause 1 Article 34a of the Law on Bidding.

2. The project has specific requirements regarding national interests, performance of national political tasks stipulated in point a Clause 1 Article 34a of the Law on Bidding, which is a project executed as directed in Resolutions, Resolutions, and guiding documents of the Central Committee of the Communist Party of Vietnam, the Politburo, the Secretariat, and key leaders of the Communist Party of Vietnam and the State of Vietnam.

3. The project stipulated in point b Clause 1 Article 34a of the Law on Bidding has specific requirements regarding order placement or assignment of tasks to execute projects in strategic fields, key or nationally significant development investment projects in the field of science, technology and innovation.

4. The project has specific requirements regarding investment procedures, investor selection procedures, procedures for land allocation or land lease or allocation of sea areas or other specific requirements specified in point c Clause 1 Article 34a of the Law on Bidding, including:

a) Investment projects which require immediate execution as directed in Resolutions, Decisions, Directives, or notifications of the Government's leaders, Resolutions of the CPV's Executive Committees of provinces and central-affiliated cities, notifications of Standing Committees of provinces and central-affiliated cities, Resolutions of the People's Councils of provinces;

b) Investment projects which require immediate execution to ensure connectivity and technical infrastructure synchronization of project's facilities as directed in Resolutions of the National Assembly of Vietnam; Government's Resolutions; Resolutions, Directives, or notifications of the Government's leaders; Resolutions of the CPV's Executive Committees of provinces and central-affiliated cities, Resolutions of the People's Councils of provinces to meet the requirements to ensure effective management, operation, and continuous operation;

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d) Offshore wind power projects in accordance with the regulations of the electricity law that fail to meet the execution requirements if applying investor selection methods specified in Clauses 1, 2, and 2a Article 34 of the Law on Bidding;

dd) Other projects with specific conditions that fail to meet the execution requirements if applying investor selection methods specified in Clauses 1, 2, and 2a Article 34 of the Law on Bidding.”.

17. Article 44b is amended as follows:

“Article 44b. Procedures for investor selection in special cases

1. During the preparation of applications for investment guideline approval as per investment laws or preparation of proposals in accordance with Article 11 hereof (for projects whose investment guidelines do not require approval), the ministry, ministerial-level agency, provincial People's Committee (hereinafter referred to as “competent authority") shall propose to apply investor selection in special cases as prescribed in Article 44a hereof and propose a bidder to execute the project (if any).

2. An investor shall be selected in special cases as follows:

a) If a project whose investment guidelines are subject to approval by the National Assembly of Vietnam, Prime Minister of Vietnam, it shall be assigned to an agency, organization, or affiliated unit (hereinafter referred to as "specialized agency”) for the evaluation of the investor’s financial capacity and project execution conditions in accordance with the approved investment guidelines. The evaluation criteria are stipulated in point c hereof. Based on the evaluation report from the specialized agency, the competent authority shall decide selecting investor in special cases;

b) If a project whose investment guidelines are subject to approval by the provincial People's Committee or not subject to approval, the competent authority shall evaluate the investor’s financial capacity and project execution conditions in accordance with point c hereof during the appraisal process of investment guidelines or proposals. The competent authority shall approve the investment guidelines and the investor (for projects whose investment guidelines require approval), or approve the project information and the investor selected in special cases;

c) Criteria for evaluation of the investor’s capacity as stipulated in points a and b hereof, including:

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c.2) Capacity of implementation of construction, operation, business, exploitation, and management plan of the project in accordance with the investment guidelines, meeting the requirements for progress, quality, investment efficiency, or other specific conditions of the project;

c.3) Other requirements determined by competent authorities.

3. Ministries, ministerial-level agencies, and provincial People's Committees shall conduct negotiations, complete, and sign contracts with the successful investor if necessary. For projects specified in Clause 1, Clause 2, point a and b Clause 4 of Article 44a hereof, the investor shall implement the construction investment concurrently with the negotiation, completion, and signing of the contract.

In cases where the contract is not signed, the decision to select the investor in special cases stipulated in Clause 2 hereof shall also be the decision to approve the investor as per investment laws.

4. For projects which require acceleration in execution progress to meet the urgent requirements for socio-economic development, national defense and security as directed in resolutions, conclusions, and directives of the Central Committee of the Communist Party of Vietnam, the Politburo, the Secretariat, and key leaders of the Communist Party of Vietnam and the State of Vietnam, the investor selection process includes the following tasks:

 a) Investors prepare project dossiers containing the contents specified in point b hereof and submit them to agencies, organizations, units affiliated to the Ministry of National Defense, Ministry of Public Security for consideration and evaluation according to point c of this Clause. In case the investor has prepared an application for investment guideline approval according to investment laws, such application shall be submitted instead of the one specified in point b of this Clause;

b) The project dossier includes: A preliminary project proposal containing information about objectives, scale, total investment capital, land use area, project implementation timeframe, plan of investment, construction, operation, business, exploitation, and management of the project, mechanisms, policies for project implementation, in which proposes the application of investor selection methods in special cases for project execution, incentives, guarantee of investment (if any). A capacity profile containing  overview of the investor's major business lines and sectors; investor's equity and capacity of equity arrangement, overview of projects or works implemented (if any); commitments regarding the investor's responsibility in allocating capital, meeting requirements for construction progress, quality of construction, resource and land use, personnel, fulfilling social responsibilities, transferring technology; commitments to meet project-specific requirements (if any); and other related commitments;

c) The evaluation content includes: the alignment of preliminary project proposal with planning, orientation of construction, and specific investor selection criteria of the Ministry of National Defense, Ministry of Public Security to determine the feasibility of the construction, operation, business, exploitation, and management plan of the project; the compliance with security and national defense requirements; the acceleration in execution progress as directed by competent authorities (compensation, support and relocation; time of construction commencement, completion, operation, and utilization); the capacity of fulfillment of other proposed obligations by the investor (if any); the financial capacity evaluation of the investor to implement the project; other necessary contents as required by the Ministry of National Defense, Ministry of Public Security;

d) After the investor selection decision is made, the investor shall prepare an application for investment guidelines approval or a proposal for project implementation and carry out relevant procedures as per investment laws.

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6. In case where the procedures specified in Clauses 1, 2, 3, and 4 hereof fail to meet the specific requirements of the project, the competent authority may formulate an investor selection plan in special cases to ensure the specific requirements of the project during the process of approving the investment guidelines or project information in accordance with Article 11 of this Decree.

7. For projects involving land allocation or land lease without auction that have specific conditions stipulated in Article 44a of this Decree, ministries, ministerial-level agencies, and provincial People's Committees shall consider applying the corresponding procedures specified in Clauses 1, 2, 3, 4, and 5 hereof. The decision for the application of investor selection in special cases and investor approval is also the decision for investor approval as per investment laws.

8. Competent authorities shall send annual reports on project implementation results of successful investors, ensuring that projects are implemented according to the progress, quality, and efficiency requirements, to the Ministry of Finance; the Ministry of Finance shall send the consolidated report on performance of bidding activities to the Prime Minister.”

18. Chapter IVb including Article 44c and Article 44d is added after Chapter IVa as follows:

“Chapter IVb

INVESTOR APPOINTMENT

“Article 44c. Projects applying investor appointment method

1. The investor appointment method is applied to the investment projects as prescribed in Clause 2a Article 34 of the Law on Bidding, including:

a) Projects which are proposed by the investor that has the ownership or right to use strategic technologies and strategic technology products as per laws on science, technology and innovation, laws on high technology;

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c) Investment projects which require acceleration in execution progress, are meant to promote socio-economic development and/or protect national interests as proposed by investors, including:

c.1) Investment projects which require acceleration in execution progress to address immediate issues or mitigate the consequences of unforeseen events such as natural disasters, fires, accidents, incidents, disasters, or other force majeure events;

c.2) Projects of national significance which apply investor appointment method in accordance with Resolutions of the National Assembly of Vietnam;

c.3) Projects applying investor appointment method as per laws on specific sectors and fields;

c.4) Projects which require acceleration in execution progress to serve national or provincial-level commemorative events;

c.5) Land reclamation projects for socio-economic development of provinces as directed in Resolutions of CPV's Executive Committees of provinces and central-affiliated cities, notifications and conclusions of Standing Committees of provinces and central-affiliated cities, Resolutions of People's Councils of provinces;

c.6) Urban development projects using Transit-Oriented Development (TOD) model within the scope of the national railway project as per railway laws.

2. Competent authorities shall send annual reports on project implementation results of appointed investors, ensuring that projects are implemented according to the progress, quality, and efficiency requirements, to the Ministry of Finance; the Ministry of Finance shall send the consolidated report on performance of bidding activities to the Prime Minister.

Article 44d. Investor appointment procedures

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a) Common procedures apply to projects for which the competent authority prepares the application for approval of investment guidelines (for projects whose investment guidelines require approval) or the proposal (for projects whose investment guidelines do not require approval);

b) Simplified appointment procedures apply to projects proposed by investors.

2. Common investor appointment procedures specified in point a Clause 1 this Article are as follows:

a) Based on the investment guideline approvals or project information approvals of agencies, organizations, or affiliated units submitted to competent authorities for consideration and decision on applying the investor appointment method;

b) Preparation of request for proposals:

The procuring entity organizes the preparation of RFP, including contents stipulated in Clause 2, Article 14 of this Decree, excluding the requirement for the investor submit a bid security.

The competent person, procuring entity (if authorized to approve the RFP) is not required to appraise the RFP, if the appraisal is necessary, the RFP appraisal shall comply with Article 54 of this Decree before approval;

c) Approval of RFPs:

The competent person, procuring entity approves the RFP, in which specifies the proposed investor to be appointed, and submit it to the investor;

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The proposed investor prepares and submits the proposal as required by the RFP;

dd) Evaluation of proposals:

The procuring entity organizes the evaluation of proposals using evaluation method and criteria specified in the RFP.

During the proposal evaluation, the investor may clarify, amend, or supplement the proposal;

e) Approval and disclosure of contractor appointment results:

The competent authority is not required to appraise the contractor appointment result; if appraisal is necessary, it shall be conduct in accordance with Article 55 of this Decree before approval.

Approval of the investor appointment result shall comply with Article 28 of this Decree, without approving the list of technically responsive investors and ranking investors.

Disclosure of the investor appointment result shall comply with Article 29 of this Decree;

g) Negotiation, signing, and disclosure of project contracts:

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If the contract negotiation is unsuccessful, the procuring entity reports to the competent person for consideration and decision to cancel the investor appointment according to Point a, Clause 2, Article 17 of the Law on Bidding.

3. Simplified investor appointment procedures specified in point b Clause 1 this Article are as follows:

a) After receiving the investment guideline approval or project information approval, the procuring entity submits a draft decision for investor selection result approval accompanied by a draft contract to the competent authority, in which specify the basis for applying the investor appointment method;

b) The competent authority approves the investor appointment result; this decision must include contents stipulated in point a, b, and d Clause 2 Article 28 of this Decree. The procuring entity posts the investor appointment result according to Article 29 of this Decree;

c) Based on the investment guideline approval or project information approval, investor appointment result approval, the procuring entity shall formulate requirements regarding the investor's capacity and request the investor to propose solutions for land use efficiency or investment efficiency for the development of sectors, fields, and provinces. The investor's proposal shall be evaluated using the pass/fail basis by the procuring entity. If the investor meets the requirements, the procuring entity negotiates and completes the draft contract with the investor and relevant parties (if any) regarding rights, obligations, responsibilities of involved parties in project implementation and other necessary contents (if any). If the contract negotiation is unsuccessful, the procuring entity reports to the competent authority for consideration and decision to cancel the investor appointment according to Point a, Clause 2, Article 17 of the Law on Bidding.

d) Based on the negotiation results, the signing and publication of contract information shall comply with Article 31 of this Decree.

4. For projects specified in point c Clause 1 Article 44a hereof which require acceleration in execution progress, the investor shall implement the construction investment concurrently with the negotiation, completion, and signing of the contract.

5. For projects specified in Clause 1 Article 44c of this Decree which require national defense and security assurance as directed in resolutions, conclusions, or directives of the Central Committee of the Communist Party of Vietnam, the Politburo, the Secretariat, and key leaders of the Communist Party of Vietnam and the State of Vietnam, the investor selection shall comply with Clause 4 Article 44b of this Decree.”.

19. Some clauses of Article 46 are amended as follows:

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“Article 46. Capacity evaluation criteria”;

b) Clause 2 is amended as follows:

“2. Bidding documents shall not contain evaluation criteria for experience in implementing similar projects but shall specify the principles for handling cases where investors submit documents proving their experience in implementing similar projects to be considered and proposed for contract award specified in Clause 5 Article 59 of this Decree.

In cases where there are regulations specifying that investors must provide documents proving the experience in implementing similar projects, the procuring entity, expert team shall determine the evaluation criteria for experience in implementing similar projects in bidding documents according to laws on specific sectors and fields.”.

c) Clauses 3 and 4 are abrogated.

20. Point e is added after point dd Clause 2 Article 47 as follows:

“e) In respect of an investment project to be implemented on land bank with existing assets attached to the land, the bidding documents shall specify the value of assets attached to the land (in case of asset sale) or the remaining value of the asset (in case the asset is demolished) as prescribed in law on management and use of public property.

The investor must commit in the bid to pay an amount equal to the value of the assets as specified in the bidding documents. This value is independent of the obligation to pay state budget proposed by the investor in accordance with Article 48 or Article 49 of this Decree, the obligation to pay land use fees, land rent, and other financial obligations of the investor to the state budget as prescribed by law”.

21. Some clauses of Article 48 are amended as follows:

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“a) It has the same purpose of use as the land bank which will be used for executing the subject project. In case the land bank to be used for executing the project is used for multiple purposes, land zones, land banks and land parcels which are used to serve the same purposes of the land bank to be used for executing the subject project (if any) or are used to serve the same purposes of the largest land area within the land bank to be used for executing the subject project shall be used as reference;”;

b) Point d is added after point c Clause 4 as follows:

“d) In the cases where the procuring entity have determined that there are abnormal fluctuations in land prices when calculating the land prices of the land zones, land banks and land parcels specified in Clauses 4 and 5 in this Article, the procuring entity shall request the competent person to consider deciding not to use as a reference any land zones, land banks, or land parcels that have experienced an auction price increase of more than 20% compared to the average post-auction increase of the reference land zones, land banks and land parcels.”

c) Clause 5 is amended as follows:

“5. The reference land zone, land bank or land parcel is considered to be located in a similar geographical area to the land zone, land bank or land parcel to be used for executing the subject project if:

a) It is located in the same commune-level administrative division where the subject project will be executed. If a project involves at least two commune-level administrative divisions, all land zones, land banks or land parcels in these commune-level administrative divisions may be used as reference; For projects with works or work items along routes, referenced land zones, land banks, or land parcels are determined based on the commune-level administrative divisions where the main project construction is located;

b) In case the commune-level administrative division where the subject project will be executed has no land zone, land bank or land parcel meeting the conditions in point b clause 4 of this Article, land zones, land banks, and land parcels in another commune-level administrative division which borders and belongs to the same province or central-affiliated city as the district-level administrative division where the subject project will be executed shall be used as reference. In case the commune-level administrative division where the subject project will be executed borders more than one commune-level administrative division, determination of the reference commune-level administrative division shall be subject to the competent person’s decision.

If the bordering commune-level administrative division has no land zone, land bank or land parcel which can be used as reference, land zones, land banks or land parcels in other commune-level administrative divisions of the same province or central-affiliated city shall be used as reference;

c) In case the provincial-level administrative division where the subject project will be executed has no land zone, land bank or land parcel meeting the conditions in point b clause 4 and point b of this clause, a land zone, land bank or land parcel which has been successfully auctioned in 04 - 07 years preceding the day on which a decision on approval of investment guidelines is issued or a written approval of project information is given, and is located in a similar geographical area as prescribed in point a or b of this clause shall be used as reference.  The reference time shall be decided by the competent person.

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d) Clause 6 is amended as follows:

“6. In case there is no land zone, land bank or land parcel which can be used as reference as prescribed in clauses 4 and 5 of this Article, the average increase in payments to state budget of all land-based investment projects  to serve the same purposes of the land bank to be used for executing the subject project located in the same provincial-level administrative division which have been successfully bided for in 05 years preceding the day on which the written approval of investor selection progress schedule is issued.”;

dd) Clause 9 is amended as follows:

“9. Based on the functions, tasks and powers of the specialized agency affiliated to the competent authority as prescribed by law and specific conditions of each province, the Chairperson of the provincial People's Committee shall assign a land authority to take charge and cooperate with the procuring entity in making statistical report on reference land zones, land banks and land parcels as prescribed in clauses 4 and 5 of this Article the basis for determination of the value m in the bidding documents.

The Chairperson of the commune-level People’s Committee or head of a specialized agency or an affiliated agency of the provincial People’s Committee shall, if authorized to approve the bidding documents, assign a competent land authority to take charge of making statistical report on reference land zones and land banks as prescribed in clauses 4 and 5 of this Article as the basis for determination of the value m in the bidding documents.”.

22. Some clauses of Article 52 are amended as follows:

a) Point b Clause 4 is amended as follows:

“b) The transferee must meet relevant operational conditions set out in regulations of law applicable to the business type of the business organization, laws on investment, enterprises, land, real estate business, and laws on specific sectors and fields; inherit rights and obligations to execute the project as undertaken by the transferor in its bid and the project contract.”;

b) Point c Clause 4 is amended as follows:

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c) Clause 5 is amended as follows:

“5. Transfer of the investment project and transfer of shares/stakes of the business organization as prescribed in clauses 3 and 4 of this Article must be specified in the contract.

Based on terms of the contracts, the competent person shall consider approving the application for transfer of the land-based investment project or transfer of shares/stakes of the business organization.

If the application for transfer is approved, the competent person shall assign the procuring entity to review and modify the contract.”;

d) Clause 9 is amended as follows:

“9. During the execution of the investment project, if the investment project whose investment guidelines require approval must be modified as prescribed in point a clause 1 Article 76 of the Law on Bidding (except the cases prescribed in clauses 3 and 4 of this Article) or any modifications to the investment project whose investment guidelines do not require approval result in changes in the project contract, the competent person shall assign the procuring entity to coordinate with the local investment registration authority to guide the investor, business organization established by the successful investor to modify the investment project according to investment laws; at the same time, assign the procuring entity to request the investor to update and commit to ensuring the technical and financial capacity to implement the project, review the contract content for amendments after the modifications of investment project.”.

23. Clause 3 Article 56 is amended as follows:

“3. Approve the Bidding documents or authorize heads of agencies, organizations, units affiliated to ministries or ministerial-level agencies, provincial People's Committee, Economic Zone Management Board; chairpersons of commune-level People's Committees to approve the Bidding document.”.

24. The title of the Article 57 is amended as follows:

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25. Some clauses of Article 58 are amended as follows:

a) Clause 1 is abrogated;

b) Clause 2 is amended as follows:

“2. Appraisal team consists of agencies, organizations, and units that are assigned by the authorized person and independent from the procuring entity, expert teams. To be specific:

a) Agencies, organizations, units affiliated to ministries, ministerial-level agencies, Economic Zone Management Boards for projects approved by the Minister, head of ministerial-level agency, or the Head of the Economic Zone Management Board in bidding documents, investor selection results, except cases specified in Clause 3 of this Article;

b) Departments of Finance of provinces, centrally affiliated cities for projects approved by the Chairperson of the Provincial People's Committee in bidding documents, investor selection results, except cases specified in Clause 3 of this Article.

If necessary, the competent person shall consider deciding to establish the appraisal team including individuals with capabilities and experience from affiliated agencies, organizations, or units.

26. Some clauses of Article 59 are amended as follows:

a) Clause 5 is amended as follows:

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b) Clause 10a is added following Clause 10 as follows:

“10a. In the case where the investor is acquired during the bidding process, the acquired may continue to participate in the bidding and inherit the bidding capacity of the acquired investor.”;

c) Clauses 11, 12, and 13 are abrogated.

27. Clause 1 Article 60 is amended as follows:

“1. Authority to inspect bidding for investor selection:

a) The Ministry of Finance takes charge and organizes inspection of investor selection at ministries, ministerial-level agencies, local authorities based on their functions, authority, or at the request of the Prime Minister;

b) Agencies managing sectors and fields organize inspection of investor selection of projects within its management scope;

c) For projects under the jurisdiction of a ministry or ministerial-level agency, Minister, head of ministerial-level agency shall assign an agency, organization, or unit to take charge and organize inspection of bidding for investor selection;

d) For projects under the jurisdiction of a province, the Department of Finance takes charge and organizes inspection of investor selection.”.

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a) Point b Clause 2 is amended as follows:

“b) The President of the Provincial People's Committee takes charge and organizes the supervision of bidding for investor selection applicable to projects for which they are the competent person within the province. The Department of Finance shall assist the President of the Provincial People's Committee to supervise bidding for investor selection within the province.”;

b) Point c is added after point b Clause 2 as follows:

“c) The competent person shall assign an individual or a affiliated unit with expertise in bidding that are independent from the procuring entity, expert team, or appraisal team to supervise bidding for investor appointment, investor selection in special cases or certain other projects when necessary.”;

c) Clause 3a is added following Clause 3 as follows:

“3a. Responsibilities of the individual or unit supervising bidding activities include:

 a) Be honest and objective; not cause inconvenience to the procuring entity, expert team, or appraisal team during the monitoring process;

b) Request the procuring entity, expert team, and appraisal team to provide relevant documents and records to facilitate the monitoring process;

c) Receive feedback from investors and relevant organizations or individuals regarding the investor selection of the project;

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dd) Take responsibility for the results of their monitoring.

e) Fulfill other responsibilities as stipulated by bidding laws and other relevant laws.”.

29. Article 61a is added following Article 61 as follows:

“Article 61a. Handling of violations in bidding activities to select investors

1. The organizations and individuals committing violations, including individuals within the competent authority, EOI requester, procuring entity, expert team, or appraisal team shall be banned from bidding for the following durations:

a) 3 to 5 years for any of the violations of Clauses 1, 2, 4 and Point a, Clause 3, Article 16 of the Bidding Law;

b) 1 year to 3 years for any of the violations of point c, Clause 3; Clause 5 Article 16 of the Bidding Law;

c) 6 months to 1 year for any of the violations of Points a, b, c, d, dd, e, Clause 6 and Clause 7, Article 16 of the Bidding Law;

2. For joint venture bidders, the bidding ban specified in Clause 1 hereof shall:

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b) apply to all joint venture parties if any of joint venture parties commit any violations except for violations of point a hereof,

3. The statute of limitations for applying the bidding ban specified in Clause 1 of this Article is 10 years from the date of the violation.

4. Ministries, ministerial-level agencies, provincial-level People's Committees shall consider issuing a decision on bidding ban within the scope of their management within 15 days from the date of receipt of one of the following documents:

a) Written request from the procuring entity accompanied by documents proving the violation;

b) Petitions on the inspection findings of the inspection agency, the inspection findings of the inspectorate;

c) Response of the Council in charge of petition resolution;

d) Other documents of competent regulatory agencies that identify violations.

5. A decision on bidding ban shall contain:

a) Name of the violating organization or individual;

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c) Entry into force.

30. Chapter VIIIa including Article 61b, 61c, and 61d is added following Chapter VIII as follows:

“Chapter VIIIa

 RESOLUTION OF PETITIONS AGAINST INVESTOR SELECTION RESULT

Article 61b. Conditions for consideration and resolution of petitions

1. Regarding petitions against issues before the disclosure of investor selection results, a petition must meet the following conditions to be considered and resolved:

a) A petition against the content of the bidding documents must be submitted by an agency or organization interested in the project; a petition against other contents of the investor selection process must be submitted by an investor participating in the bidding;

b) The petition must bear the signature and seal (if any) of the legal representative of the investor, agency, or organization or digitally signed via an account, and sent to VNEPS according to the online investor selection process;

c) The investor must submit the petition to the procuring entity and competent authority by the deadlines specified in Clause 1, Article 61c of this Decree.

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a) The petition is prepared by the investor participating in the bidding;

b) The petition must bear the signature and seal (if any) of the legal representative of the investor participating in the bidding or digitally signed via an account and sent to VNEPS according to the online investor selection process;

c) The content of the petition has not been subject to litigation, complaint, or denunciation by the investor;

d) The content of the petition is related to the evaluation results of bids;

dd) The investor pay petition fees to the standing support team of the President of the Council in charge of petition resolution (hereinafter referred to as “standing support team”). Within 03 working days from the date of receiving the investor’s petition, the standing support team shall send a notice of petition fee payment to the investor.  Within 02 working days from the date of receiving the notice, the investor must pay petition fees.  In case the investor fails to make the payment, the investor’s petition will be considered as unsatisfactory for consideration and settlement;

e) The investor must submit the petition to the competent authority and standing support team by the deadlines specified in Clause 2, Article 61c of this Decree.

3. In the case where the investor, agency, or organization fails to meet the conditions specified in Clause 1 and Clause 2 of this Article, the person having the authority to consider the petition shall resolve the petition and send a written notice of rejection to the investor, agency, or organization.

Article 61c. Petition resolution procedures

1. The resolution of petitions against issues before the disclosure of investor selection results is carried out according to the following procedures:

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b) The procuring entity shall provide a written response to the investor, agency, or organization within 07 working days from the date of receiving the petition from the investor, agency, or organization.

c) In cases where the investor, agency, or organization does not agree with the response or the procuring entity fails to provide a response by the deadline specified in point b of this Clause, the investor, agency, or organization has the right to send a petition to the competent person within 05 working days from the deadline for response or the date of receiving the response from the procuring entity;

d) The competent person shall provide a written response to the investor, agency, or organization within 07 working days from the date of receiving the petition from the investor, agency, or organization.

2. The resolution of petitions against the investor selection results is carried out according to the following procedures:

a) The investor shall send a petition to the procuring entity within 10 working days from the date on which the investor selection results are published on VNEPS;

b) The procuring entity shall provide a written response to the investor within 07 working days from the date of receiving the investor's petition;

c) In cases where the investor does not agree with the response or the procuring entity fails to provide a response by the deadline specified in point b of this Clause, the investor has the right to send a petition to the standing support team of the Council in charge of petition resolution in accordance with Clause 1 Article 61d of this Decree within 05 working days from the deadline for response or the date of receiving the response from the investor.

d) The Council in charge of petition resolution shall consider the investor's petition within 20 days from the date on which the Council in charge of petition resolution is established and report to the competent person for consideration and decision.

dd) The competent person shall provide a written response about investor selection results within 05 working days from the date of receiving the report from the Council in charge of petition resolution.

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3. The written response shall be sent to the investor, agency, or organization within 05 working days from the procuring entity or competent person. The written response must include a conclusion on the content of the investor's petition, including:

a) If it is concluded that the contents of the petition are true, the written response must clearly state the measures, methods, and timeframe to rectify the consequences (if any);

b) If it is concluded that the contents of the petition are untrue, the written response must provide explanations.

4. In cases where the investor does not agree with the response of the procuring entity, competent person, Council in charge of petition resolution, the investor may file a lawsuit in court.

5. The investor may withdraw the petition during the resolution process. The written withdrawal request shall bear the signatures and seal (if any) of the investor’s legal representative or the person that signs the bid.

Article 61d. Composition, responsibilities and activities of the Council in charge of petition resolution

1. The Council in charge of petition resolution and its standing departments are as follows:

a) The Minister of Finance establishes a Council in charge of petition resolution to resolve petitions at request of the Prime Minister of Vietnam;

b) The Minister, Head of a ministerial-level agency, or Head of an economic zone management board establishes a Council in charge of petition resolution to resolve petitions regarding projects for which the ministry, ministerial-level agency, or economic zone management board is the competent authority. The agency or unit assigned to manage bidding activities of the ministry, ministerial-level agency, or economic zone management board is standing department of the Council;

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The standing department performs administrative tasks as prescribed by the Council's Chairperson; receives and manages expenses submitted by petitioning bidders.

2. The Council in charge of petition resolution consists of:

a) The Council in charge of petition resolution consists of a Chairperson, Vice Chairperson (if necessary), standing department, representatives of relevant agencies and representatives of professional associations, experts, and scientists (if any);

b) The Chairperson of the Council in charge of petition resolution specified in Point a, Clause 1 of this Article is a representative of the Ministry of Finance. The Chairman of the Council in charge of petition resolution specified in point b, Clause 1 of this Article is a representative of the agency, organization, or unit assigned to manage bidding activities under these agencies. The Chairperson of the Council in charge of petition resolution specified in Point c, Clause 1 of this Article is a representative of the Department of Finance;

c) The Council in charge of petition resolution must not have any member who is a family relative, as prescribed by the Law on Enterprises, of the petitioner, any member of the expert team or appraisal team or the person approving the investor selection result.

3. The activities of the Council in charge of petition resolution are as follows:

a) The Council in charge of petition resolution is established within 05 working days from the date on which the standing department receives the petition submitted by the investor in accordance with point d, Clause 2, Article 61b of this Decree;

b) The Council in charge of petition resolution operates on a case-by-case basis, under the principles of collective decision-making by majority, under the direction of the Chairman of the Council. Members are entitled to advocate their opinions and are legally responsible for their opinions;

c) The Council in charge of petition resolution has the right to request the investors, procuring entities, and relevant individuals, organizations, and units to provide information concerning the project and other information necessary for performing its tasks;

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31. Some clauses of Article 62 are amended as follows:

a) Clause 1 is amended as follows:

“1. From January 1, 2026: Carry out procedures for inviting EOIs via the domestic network in accordance with Article 63 of this Decree on VNEPS.”

b) Clause 2 is amended as follows:

“2. From January 1, 2027: Implement electronic investor selection procedures for land-based investment projects  that apply competitive bidding and limited domestic bidding according to the single-stage, one-envelope method, or single-stage, two-envelope method as prescribed in Article 64 of this Decree on VNEPS.”

32. Article 67 is abrogated.

33. The phrases "experience", "and experience", "documents proving experience in implementing similar projects" are removed in the following articles and clauses: Clause 4, Article 18; Clause 1, Article 20; Article 21; Point b, Clause 1, Article 22; Point b, Clause 1 and Point b, Clause 4, Article 24; Point d, Clause 2, Clause 3, Clause 6, Article 39; Clause 2 and Clause 4, Article 41; Clause 2, Clause 3, Clause 4, Article 45; Clause 6, Article 46; Point b and Point e, Clause 1, Article 50; Clause 10, Article 59; Point b, Clause 3, Article 63; Point b, Clause 3, Article 64; Point b, Clause 1, Article 65.

34. The phrase “projects on investment in and construction of energy works” is replaced with the phrase “power investment projects" in the following articles and clauses: Point i, Clause 2, Article 4, Clause 1, Article 14; Point d, Clause 2, Article 19; Clause 4, Article 45; Point m, Clause 1 and Point b, Clause 3, Article 47; Clause 2, Article 49.

35. The phrase “Ministry of Planning and Investment” is replaced with the phrase "Ministry of Finance" at Point a, Clause 1, Article 60; the phrase “Department of Planning and Investment” is replaced with the phrase "Department of Finance” at Point b, Clause 2, Article 11.

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Article 3. Implementation clauses

1. This Decree comes into force from the date on which it is signed.

2. The following Decrees cease to have effect from the effective date of this Decree, including:

a) Article 1 and Article 3 of Government's Decree No. 17/2025/ND-CP dated February 6, 2025;

b) Article 9 and Article 10 of Government's Decree No. 125/2025/ND-CP dated June 11, 2025.

3. Transition clauses:

a) For projects that have issued bidding documents and opened bids in accordance with Decree No. 23/2024/ND-CP or Decree No. 115/2024/ND-CP before the effective date of this Decree, bids shall continue to be evaluated according to the issued bidding documents;

b) For projects that have issued invitations for EOI and EOIs on VNEPS and have opened bids before the effective date of this Decree, applications shall continue to be evaluated according to the issued EOI.

In case there is an investor who meets the requirements of the EOI, the investor approval procedure shall be carried out in accordance with laws on investment.

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c) For projects that have approved the investor selection results but have not yet negotiated, completed, or signed a contract by the time this Decree comes into effect, the competent authority shall negotiate, complete, sign, and manage the implementation of the contract based on the investor selection results, bids, and bidding documents issued in accordance with Law on Bidding No. 22/2023/QH15 (as amended and supplemented by Law No. 57/2024/QH15 and Law No. 90/2025/QH15) and guiding documents;

d) For projects that are preparing EOIs or preparing and appraising bidding documents but have their EOIs or bidding documents not approved by the effective date of this Decree, the EOI requester or procuring entity shall prepare EOIs and bidding documents in accordance with Law on Bidding No. 22/2023/QH15 (as amended and supplemented by Law No. 57/2024/QH15 and Law No. 90/2025/QH15) and this Decree;

dd) For projects that have issued EOIs or bidding documents but have not opened bids by the effective date of this Decree, the EOI requester or procuring entity shall send a report to the competent person to consider continuing the request for EOI, invitation to bid according to the issued documents or extend the bid opening time to amend and supplement the EOIs or bidding documents in accordance with Law on Bidding No. 22/2023/QH15 (as amended and supplemented by Law No. 57/2024/QH15 and Law No. 90/2025/QH15) and this Decree;

e) For projects falling under the cases specified in Clause 4, Article 44b of Decree No. 115/2024/ND-CP (as amended and supplemented in Clause 17, Article 2 of this Decree) whose satisfactory applications are received by the Ministry of Finance or investment registry as per investment laws but investment guidelines have not been appraised or the investment guideline appraisal report has not been completed by the effective date of this Decree, the Ministry of Finance or the investment registry shall continue to appraise their investment guidelines as per investment laws; at the same time, transfer 01 set of the submitted application to the Ministry of Public Security or the Ministry of National Defense to carry out procedures for selecting investors in special cases in accordance with this Decree;

g) Project contracts signed before the effective date of this Decree shall continue to be implemented in accordance with the provisions of the contract; in the case it is necessary to amend or supplement the contents of the project contract that are not stipulated by law at the time of signing the contract or it is necessary to amend or supplement the project contract to ensure project efficiency, the parties may agree to amend or supplement in accordance with Law on Bidding No. 22/2023/QH15 (as amended and supplemented by Law No. 57/2024/QH15 and Law No. 90/2025/QH15) and this Decree and relevant laws in effect at the time of amendments and supplements.

h) From July 1, 2025 to the effective date of this Decree, the implementation of investment projects shall comply with Law on Bidding No. 22/2023/QH15 (as amended and supplemented by Law No. 57/2024/QH15 and Law No. 90/2025/QH15), Decree No. 23/2024/ND-CP, Decree No. 115/2024/ND-CP (as amended and supplemented by Decree No. 17/2025/ND-CP), relevant guidelines which are still conformable with the provisions of the Law on Bidding (as amended and supplemented by Law No. 57/2024/QH15 and Law No. 90/2025/QH15);

i) During the period when guiding documents of this Decree are not yet effective, relevant organizations and individuals may apply the documents elaborating Law on Bidding (as amended and supplemented by Law No. 57/2024/QH15), Decree No. 23/2024/ND-CP, Decree No. 115/2024/ND-CP (as amended and supplemented by Decree No. 17/2025/ND-CP) to prepare, amend, supplement EOIs, bidding documents, and documents related to investor selection procedures to ensure compliance with the provisions of Law on Bidding (as amended and supplemented by Law No. 57/2024/QH15 and Law No. 90/2025/QH15) and this Decree;

k) For projects carried out by agencies, organizations, or units affected by the rearrangement of administrative divisions, the administrative divisions, agencies, organizations, or units formed after the rearrangement shall receive applications and documents related to investor selection procedures; inherit rights, obligations, and responsibilities stipulated in project contracts of the previous administrative divisions, agencies, organizations, or units; modify project contracts if necessary; ensure the continuity and transparency in implementation of projects and contracts.

4. Ministers, heads of ministerial-level agencies, heads of Governmental agencies, Chairpersons of People’s Committees of provinces and central-affiliated cities, within the ambit of their functions and powers, assume responsibility for implementation of this Decree.

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ON BEHALF OF THE GOVERNMENT
PP. PRIME MINISTER
DEPUTY PRIME MINISTER




Tran Hong Ha