Văn bản hợp nhất 8699/VBHN-BKHĐT năm 2024 hợp nhất Nghị định hướng dẫn Luật Đấu thầu về lựa chọn nhà đầu tư thực hiện dự án thuộc trường hợp phải tổ chức đấu thầu theo quy định của pháp luật quản lý ngành, lĩnh vực do Bộ Kế hoạch và Đầu tư ban hành

DECREE

  ELABORATING AND PROVIDING GUIDELINES FOR IMPLEMENTATION OF LAW ON BIDDING REGARDING SELECTION OF INVESTORS FOR PROJECTS REQUIRING BIDDING AS PRESCRIBED BY SPECIALIZED SECTOR AND INDUSTRY LAWS

The Government’s Decree No. 23/2024/ND-CP dated February 27, 2024 elaborating and providing guidelines for implementation of Law on Bidding regarding selection of investors for projects requiring bidding as prescribed by specialized sector or industry laws, coming into force from February 27, 2024, is amended by:

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, coming into force from September 16, 2024.

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Law on Organization of Local Governments dated January 01, 2016;

Pursuant to the Law on Amendments to the Law on Government Organization and the Law on Local Government Organization dated November 22, 2019;

Pursuant to the Law on Bidding dated June 23, 2023;

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At the request of the Minister of Planning and Investment of Vietnam;

The Government promulgates a Decree elaborating and providing guidelines for implementation of the Law on Bidding regarding selection of investors for projects requiring bidding as prescribed by specialized sector and industry laws.[1]

Chapter I

GENERAL PROVISIONS

Article 1. Scope

1. This Decree elaborates some articles of the Law on Bidding regarding selection of investors for projects requiring bidding as prescribed by specialized sector and industry laws, including:

a) Clause 6 Article 6 regarding assurance of competitiveness in investor selection;

b) Clause 6 Article 10 regarding incentives in investor selection;

c) Clause 3 Article 15 regarding investor selection costs;

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dd) Clause 3 Article 46 regarding investor selection process;

e) Clause 5 Article 50 and point c clause 2 Article 84 regarding online investor selection procedures, costs and roadmap; national investor selection database; cases in which the bidding for investor selection is not conducted on Vietnam E-Procurement System (VNEPS);

g) Clause 5 Article 62 regarding bid evaluation methods and criteria;

h) Clause 2 Article 73 regarding contents of investment project contract;

i) Clause 4 Article 86 regarding inspection and supervision of bidding for investor selection;

k) Clause 4 Article 88 regarding handling of certain situations in investor selection;

l) Clause 2 Article 96 on transition clause.

2. Measures for implementing the Law on Bidding regarding investor selection, including:

a) Disclosure of information on investment projects which do not require investment guideline approval;

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3. Capacity and experience requirements to be satisfied by members of expert teams and appraisal teams; connection and information sharing between VNEPS and other information systems; online bidding techniques in line with the features and development of VNEPS; and actions against violations in bidding shall comply with corresponding provisions of the Government’s Decree elaborating some articles of and introducing measures for implementing the Law on Bidding regarding contractor selection.

4. .[2] Projects that require bidding as prescribed in clause 1 of this Article and do not involve land use and land expropriation as prescribed in the Land Law include:

a) Projects on international football betting business as prescribed in regulations of law on betting on horse and dog racing and international football;

b) Projects on dredging and recovery of products from maritime/inland waterway infrastructure facilities in seaport waters and inland waterways as prescribed in law on maritime and inland waterway transport;

c) Projects that require bidding in case there are at least 02 investors registering for project execution, including: projects in the fields of education, health, culture, sports and environment as prescribed in regulations of law on promotion of private sector involvement.

5. .[3] Projects that do not involve land use and require bidding as prescribed in specialized sector or industry laws must not be subject to auction of public property as prescribed in law on management and use of public property.

6.[4] (abrogated).

Article 2. Regulated entities 

1. Organizations and individuals (hereinafter referred to as "entities”) that participate in or are involved in selection of investors executing investment projects as prescribed in clause 4 Article 1 of this Decree.

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Article 3. Definitions

For the purpose of this Decree, these terms are construed as follows:

1. “investor selection progress schedule” means a schedule that delineates all tasks to be performed during the investor selection and corresponding milestones for completing such tasks, and shall be used as the basis for conducting the investor selection as prescribed in clause 3 Article 49 of the Law on Bidding.

2. “EOI requester” means an agency or unit affiliated to a Ministry or ministerial agency,  specialized agency or affiliated agency of a Provincial People's Committee or Economic Zone Management Board, or a District-level People's Committee that is assigned to carry out procedures for invitation for EOIs (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.

4. “authorities making decision to conduct bidding for investor selection” include ministries, ministerial agencies, provincial People's Committees, and Economic Zone Management Boards.

5.[5] “total investment” means the sum of preliminarily estimated project execution costs and other costs as prescribed in specialized sector or industry law (if any).

Article 4. Assurance of competitiveness

1. From the date of issue of EOI requests, each investor applying for execution of investment project shall be required to display their legal and financial independence from the following:

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b) The consultant on preparation of application for approval of investment guidelines (for investment projects whose investment guidelines require approval), or project proposal (for investment projects whose investment guidelines do not require approval), except projects proposed by investors;

c) The consultant on preparation of pre-feasibility study report or feasibility study report if the pre-feasibility study report or feasibility study report must be prepared before sending EOI requests as prescribed by specialized sector or industry law, except projects proposed by investors;

d) The consultant on preparation of EOI request and evaluation of applications for project execution.

2. From the date of issue of EOI requests, each investor participating in the bidding (bidder) does not hold shares or stakes of the following consultants:

a) The consultant on preparation of application for approval of investment guidelines (for investment projects whose investment guidelines require approval), or project proposal (for investment projects whose investment guidelines do not require approval), except projects proposed by investors;

b) The consultant on preparation of pre-feasibility study report or feasibility study report if the pre-feasibility study report or feasibility study report must be prepared before sending bidding documents as prescribed by specialized sector or industry law, except projects proposed by investors;

c) The consultant on preparation and appraisal of bidding documents; bid evaluation; appraisal of investor selection result.

3. From the date of issue of EOI requests/bidding documents, each investor applying for project execution/bidder is considered to be legally and financially independent from the competent authority/procuring entity/EOI requester if neither the investor/bidder nor the competent authority/procuring entity/EOI requester holds more than 50% of shares, total voting shares or stakes of each other. In case an investor applies for project execution or participates in bidding in the capacity of a consortium, capital holding is determined adopting the following formula:

Where:

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Y_i: holding of the equity by the consortium member i under the consortium agreement.

n: number of members of the consortium.

4. From the time of issuance of EOI requests/bidding documents, the investor applying for project execution/bidder and any of the consultants specified in clause 1 and clause 2 of this Article do not jointly hold more than 30% of shares, total voting shares or stakes of another entity. In case of consortium investor or consortium consultant, the capital holding is determined adopting the following formula:

a) Capital holding of another entity and of the consortium investor is determined adopting the following formula:

Where:

X_i: holding by the entity of stakes, shares or voting shares of the consortium investor i.

Y_i: holding of the equity by the consortium investor i under the consortium agreement.

n: number of members of the consortium.

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Where:

X_i: holding by the entity of stakes, shares or voting shares of the consortium consultant i under the consortium agreement.

Y_i: ratio of responsibility assigned in the consortium agreement i under the consortium agreement.

n: number of members of the consortium.

5. If an investor that is organized under the parent company - subsidiary model in accordance with regulations of law on enterprises submits an application for project execution or participates in bidding for execution of an investment project:

a) The parent company or a subsidiary or a consortium of the parent company and its subsidiaries may only submit one application for project execution or one bid;

b) The investor applying for project execution/bidder and a consultant performing any of the consulting tasks specified in clauses 1 and 2 of this Article do not establish and maintain the parent company - subsidiary relationship from the date of issue of EOI requests/bidding documents.

6. Capital holding by the parties shall be determined on the basis of the percentages specified in enterprise registration certificates, establishment decisions and other documents of equivalent validity.

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1. Eligible entities and incentive rates:

a) An investor that adopts solutions for applying advanced technologies, high technologies, eco-friendly technologies and/or best available techniques for reducing environmental pollution to the project which poses high risk of adverse environmental impacts as prescribed in the Law on environmental protection shall be entitled to 5% incentive when having their bid evaluated;

b)[6] An investor that commits to carry out technology transfer and/or perform high technology activities in respect of high technologies and high-tech products included in the List of high technologies given priority for investment and development and the List of recommended high technologies promulgated by the Prime Minister in accordance with regulations of law on high technologies or in the List of technologies recommended for transfer in accordance with regulations of law on technology transfer shall be entitled to 2% incentive when having its bid evaluated.

2.[7] In order to enjoy the incentives prescribed in clause 1 of this Article, the investor shall include documentary evidences of its solutions for applying advanced technologies, high technologies, eco-friendly technologies and/or best available techniques or legitimate rights to use technologies as prescribed in regulations of law on high technologies, technology transfer, environmental protection, and other relevant laws in its submitted bid.

3. Determination of incentives:

The combined score of the entity eligible for incentives shall be determined adopting the following formula:

T’_TH = T_TH + T_TH x M_ƯĐ

Where:

T’_TH: combined score of the investor eligible for incentives, including the incentive rate for comparison and ranking.

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M_ƯĐ: incentive rate to which the investor is entitled as prescribed in clause 1 of this Article.

4. The investor that is eligible for incentives as prescribed in clause 1 of this Article and is selected to conclude the contract shall be required to fulfill the commitments in their bid and the contract for execution of investment project.

Article 6. Management of costs and revenues from investor selection

1. Limits on costs associated with the investor selection which is directly carried out by the competent authority, EOI requester, procuring entity, or appraisal team:

a) The cost of preparation of EOI request/bidding documents is equal to 0,05% of total investment but shall not exceed VND 200.000.000 (two hundred million);

b) The cost of appraisal of each content of the bidding documents/investor selection result is equal to 0,02% of total investment but shall not exceed VND 100.000.000 (one hundred million);

c) The cost of evaluation of applications for project execution/bids is equal to 0,03% of total investment but shall not exceed VND 200.000.000 (two hundred million);

d) In case an investor selection process is re-organized, the cost of preparation of EOI request/bidding documents or the cost of appraisal of bidding documents shall not exceed 50% of the actually incurred cost for performing such a task in the previous investor selection as prescribed in point a or b of this clause.

2. In case a consultant is hired to perform the tasks specified in Clause 1 of this Article, investor selection costs are as follows:

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b) In case regulations on salaries of experts are not available, the salaries of experts shall be determined on the basis of statistical reports on experience and salaries/remunerations paid to experts engaged in similar projects for a given period or to total investment.

3. Types of costs associated with the investor selection which is directly carried out by the competent authority, EOI requester, procuring entity, or appraisal team:

a) Costs of surveys and collection of project-related information as the basis for preparing the EOI request/bidding documents, including the cost of preparation of the proposal for the investment project whose investment guidelines do not require approval or preparation of the application for approval of investment guidelines for the project whose investment guidelines require approval (if any);

b) Costs of office supplies, translation, information dissemination and communications;

c) Costs of meetings which are held to serve the formal request for EOI, invitation to bid and bid opening;

d)[8] Costs of publishing of information on the investor selection on VNEPS;

dd)[9] Other costs of preparation of EOI request; preparation and appraisal of bidding documents; evaluation of applications for project execution/bids, appraisal of investor selection result; bid opening and settlement of petitions.

4.[10] Costs associated with the investor selection on VNEPS shall be determined according to corresponding provisions in point a clause 11 Article 12 of the Government’s Decree No. 24/2024/ND-CP dated February 27, 2024. Bid submission fees, fees payable by the successful investor and fees for connecting to the bid guarantee function on VNEPS shall be paid according to the roadmap for application of online investor selection specified in Article 60 of this Decree.

5.[11] The costs specified in clauses 1, 2 and 3 of this Article shall be covered using funding for covering recurrent expenditures of the competent authority, EOI requester, procuring entity, or appraisal team.

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7. Preparation, approval and compliance with estimates of costs associated with the investor selection as prescribed in clauses 1, 2 and 3 of this Article shall comply with in accordance with regulations of law on preparation, approval and compliance with estimates of recurrent expenditures covered by state budget. To be specific:

a) Pursuant to provisions of the Law on State Budget and clause 6 of this Article, the EOI requester or procuring entity shall prepare the cost estimate for each of the costs specified in clause 3 of this Article, and include the estimated costs in their annual budget estimate which shall be then submitted to a competent authority for approval in accordance with regulations of law on state budget;

b) After the annual budget estimate is approved, the competent authority shall allocate the estimate of recurrent expenditures to relevant in-charge units in accordance with regulations of law on state budget;

c) If there is a new project requiring bidding in the year, the EOI requester or procuring entity shall prepare an additional cost estimate and submit it to a competent authority for approval in accordance with regulations of law on state budget.

8. Management of investor selection costs:

a) Management, payment and final statement of investor selection costs shall comply with regulations of law on state budget.  In case the EOI requester or procuring entity that is a public service unit takes charge of the investor selection tasks, management, payment and final statement of investor selection costs shall comply with regulations of law on financial autonomy of public service units;

b) In case consultants are employed to perform a part or all of the tasks specified in clause 1 of this Article, total costs of the investor selection, inclusive of taxes, shall not exceed the costs of hiring consultants specified in the approved cost estimate. The consultant shall be paid under terms and conditions of the contract signed by and between the competent authority, procuring entity or EOI requester and the consultant. Management, use, payment and final statement of funding for making payments to the consultant shall comply with applicable regulations of law on state budget.

9. Management of revenues from the investor selection:

a) For international bidding, the selling price (inclusive of taxes) of a set of electronic bidding documents shall not exceed VND 30.000.000 (thirty million);

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Article 7. Fees for settlement of investors' petitions against investor selection result

1. In case an investor’s petition against the investor selection result is considered by a competent person, the investor filing the petition (hereinafter referred to as “petitioner”) shall pay petition settlement fee to the standing assistance section of the Petition settlement advisory board (hereinafter referred to as “Advisory Board”) as prescribed in point dd clause 2 Article 90 of the Law on Bidding.

2. The fee paid by the petitioner to the Advisory Board as prescribed in clause 1 of this Article is equal to 0,02% of total investment it made in the project but shall not exceed VND 200.000.000 (two hundred million). If the petition that is under consideration is withdrawn, 50% of the fee paid shall be returned to the petitioner in case the Advisory Board is not yet established or has been established but does not yet convene any meeting. If the Advisory Board has convened a meeting, the fee paid by the petitioner will be forfeited.

The standing assistance section of the Advisory Board shall pay the remaining fee paid by the petitioner to state budget within 07 working days from the day on which the petition is withdrawn.

3. The standing assistance section of the Advisory Board shall prepare and submit the estimate of costs of settlement of each petition to the Advisory Board’s Chairperson for approval.

4. Total estimated costs approved by the Advisory Board’s Chairperson as prescribed in clause 3 of this Article shall not exceed the fee paid by the petitioner as prescribed in clause 2 of this Article.

5. The Advisory Board’s Chairperson shall decide the predetermined costs, under the approved cost estimate, of tasks performed by members of the Advisory Board, the standing assistance section of the Advisory Board and other costs associated with the petition settlement. Remunerations of the Advisory Board who are officials or public employees shall be paid in accordance with regulations of law.

6. The standing assistance section of the Advisory Board shall provide funding for covering costs incurred during the settlement of the petition according to the cost estimate approved by the Advisory Board’s Chairperson.

7. Upon completion of the petition settlement, the Advisory Board’s Chairperson shall confirm the total amount of costs actually incurred. If total amount of costs actually incurred is smaller than the fee paid by the petitioner to the Advisory Board, the standing assistance section of the Advisory Board shall return the unused amount of fee to the petitioner within 07 working days from the day on which the Advisory Board’s Chairperson gives confirmation of total amount of costs actually incurred.

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9. Funding for making return of money to the petitioner according to the petition settlement report is subject to the following provisions:

a) If the procuring entity is an administrative unit or public service unit, funding for making such return is derived from its estimated funding for recurrent expenditures;

b) If the procuring entity is not an administrative unit or public service unit, funding for making such return is derived from its funding for covering business expenses.

10. The entity(ies) at fault as defined in the petition settlement report given by the competent authority shall pay compensation to the procuring entity in accordance with regulations of law.

Article 8. Investor selection process

1. For a project applying competitive bidding or limited bidding method under single-stage one-envelope procedure or a project applying competitive bidding method under single-stage two-envelope procedure, the investor selection process includes the following steps:

a) Public disclosure of the investment project;

b) Preparation for bidding for investor selection;

c) Organization of bidding for investor selection;

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dd) Submission, appraisal, approval and disclosure of investor selection result;

e) Negotiation, completion and signing of contract.

2. For a project applying competitive bidding under two-stage one-envelope procedure, the investor selection process includes the following steps:

a) Public disclosure of the investment project;

b) Preparation for bidding for investor selection - first stage;

c) Organization of bidding for investor selection - first stage;

d) Preparation and organization of bidding for investor selection - second stage;

dd) Evaluation of second stage bids;

e) Submission, appraisal, approval and disclosure of investor selection result;

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3.[12] For a project requiring determination of the number of interested investors as prescribed in clause 2 Article 46 of the Law on Bidding and point c clause 4 Article 1 of this Decree, the investor selection process includes the following steps:

a) Public disclosure of the investment project;

b) Formal request for EOI;

c) In case there are at least 02 investors applying for project execution at the same time, provisions of points b, c, d, dd and e clause 1 of this Article (for a project applying the competitive bidding method under single-stage one-envelope procedure or single-stage two-envelope procedure) or provisions of points b, c, d, dd, e and g clause 2 of this Article (for a project applying the competitive bidding method under two-stage one-envelope procedure) shall apply.

Chapter II

INVESTOR SELECTION PROCESS FOR PROJECTS APPLYING COMPETITIVE BIDDING OR LIMITED BIDDING METHOD UNDER SINGLE-STAGE ONE-ENVELOPE PROCEDURE OR SINGLE-STAGE TWO-ENVELOPE PROCEDURE

Section 1. PUBLIC DISCLOSURE OF INVESTMENT PROJECT

Article 9. Disclosure of investment project whose investment guidelines require approval [13]

The competent authority creates a task-specific account and delegate the account use right to its affiliated agency or unit or specialized agency to post the decision on approval of investment guidelines on VNEPS as prescribed in point a clause 2 Article 47 of the Law on Bidding within 05 working days from day on which the decision is issued.

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1. For a project of which the execution is organized by a competent authority:

a) The competent person shall assign an agency or unit affiliated to a Ministry or ministerial agency, specialized agency, agency affiliated to a provincial People's Committee or an Economic Zone Management Board or another agency as prescribed by specialized sector or industry law, or district-level People's Committee to organize the preparation of the project proposal which must include the contents in points b, c, d, dd and e clause 2 Article 47 of the Law on Bidding, and meet the conditions set out in Article 1 of this Decree;

b) The assigned agency/unit as prescribed in point a of this clause shall submit the project information to the competent person for approval. The written approval of the project information shall include the contents in points b, c, d, dd and e clause 2 Article 47 of the Law on Bidding;

c) The competent authority creates a task-specific account and delegates the account use right to its affiliated agency or unit or specialized agency to post the project information on VNEPS within 05 working days from day on which the approval of the project information is given.

2. Investors may propose investment projects other than those approved and disclosed as prescribed in clause 1 of this Article, unless they are not allowed to propose projects as prescribed in specialized sector and industry laws. Required contents, procedures for preparing a project proposal, and approval of project information are subject to the following provisions:

a) The investor shall prepare a project proposal which includes the contents in points b, c, d and e clause 2 Article 47 of the Law on Bidding and corresponding contents prescribed in points a, b and c clause 1 Article 33 of the Law on Investment. The investor shall incur all costs associated with the preparation of the project proposal;

b) For an investment project in which the provincial People’s Committee acts as the competent authority, the investor shall, either directly or by post, submit 04 packages of the project proposal documents to the Provincial Department of Planning and Investment. Within 03 working days from its receipt of the project proposal, the Provincial Department of Planning and Investment shall request the Chairperson of the provincial People’s Committee to assign a specialized agency to consider the project proposal submitted by the investor.

For an investment project in which a Ministry, ministerial agency, economic zone management board or another agency as prescribed by specialized sector or industry law acts as the competent authority, the investor shall, either directly or by post, submit 04 packages of the project proposal documents to the agency or unit assigned by the Minister or the head of ministerial agency, economic zone management board or another agency to receive and consider the investor’s project proposal.

Where a Ministry, ministerial agency, economic zone management board or another agency has issued a decision to assign an agency or unit in charge of receiving project proposals, the investor's project proposal shall be submitted to this agency or unit.

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d) The competent authority shall organize the publishing of the project information as prescribed in point c clause 1 of this Article.

Section 2. PREPARATION FOR BIDDING FOR INVESTOR SELECTION

Article 11. Preparation and approval of investor selection progress schedule

1. The competent person shall assign their affiliated agency or unit or specialized agency to prepare the investor selection progress schedule as prescribed in Appendix I enclosed herewith.

2. The competent person shall consider giving approval of the investor selection progress schedule which includes decisions on the procuring entity, method and procedure for bidding for investor selection, and starting time of the investor selection process.

3. For an investment project whose investment guidelines require approval as prescribed by the Law on Investment, the investor selection progress schedule shall be approved separately or at the same time as the decision on approval of investment guidelines.

4. For an investment project whose investment guidelines do not require approval, the investor selection progress schedule and the project information shall be approved at the same time.

5.[15] The competent authority creates a task-specific account and delegates the account use right to its affiliated agency or unit or specialized agency to post the approved investor selection progress schedule on VNEPS within 05 working days from day on which the written approval is given.

Article 12. Grounds for approval of bidding documents [16]

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a) Relevant plannings and plans as prescribed in law on planning, specialized sector and industry laws and relevant laws in case there are any changes in relevant plannings and plans after approval of investment guidelines or project information is given;

b) The construction planning which must be conformable with the scale and nature of the project as prescribed in the Law on Construction and specialized sector or industry law approved by the competent authority, for a project comprising construction items. In case of a multi-functional investment project, the investment 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 Law on Construction.

2.[18] The decision to appropriate public property ratified by a competent authority as prescribed in law on management and use of public property (for a project involving use of public property subject to appropriation).

3. The decision on approval of investment guidelines (for a project whose investment guidelines require approval in accordance with regulations of the Law on Investment) or written approval of the investment project information (for a project whose investment guidelines do not require approval) as prescribed in Article 9 or 10 of this Decree.

4. The investor selection progress schedule as prescribed in clause 2 Article 11 of this Decree.

5. Other documents as prescribed in specialized sector and industry laws and relevant laws (if any).

Article 13. Preparation, appraisal and approval of bidding documents 

1.[19] The procuring entity assigns an expert team to prepare bidding documents which include the contents prescribed in Article 48 of the Law on Bidding and shall be provided for investors to prepare their bids.

Bidding documents may be prepared before the documents in Article 12 of this Decree are approved by competent authorities but the approval of bidding documents must be given on the grounds specified in Article 12 of this Decree.

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3. Appraisal and approval of bidding documents:

a) The procuring entity shall submit the draft bidding documents and relevant documents to the competent person and the appraisal team;

b) The appraisal team shall carry out appraisal of the bidding documents according to Article 52 of this Decree;

c) The competent person shall consider giving a written approval of bidding documents on the basis of the proposal for approval and report on appraisal of bidding documents.

Article 14. Shortlisting in limited bidding

1. The procuring entity shall draw up a shortlist of at least 03 investors that meet the requirements of the investment project and wish to bid, and submit it to the competent person for approval.

2. After it is approved, the procuring entity shall publish the approved shortlist on VNEPS.

3. Shortlisted investors shall not be allowed to establish a consortium together to bid.

Section 3. ORGANIZATION OF BIDDING FOR INVESTOR SELECTION

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Bidding documents shall be issued to serve the investor selection only when all of the following conditions are met:

1. A decision on approval of investment guidelines (for a project whose investment guidelines require approval) or written approval of the project information (for a project whose investment guidelines do not require approval) is available.

2. The investment project has been disclosed as prescribed in Article 9 or 10 of this Decree.

3. Bidding documents have been approved.

4. Other conditions as prescribed in specialized sector or industry law (if any).

Article 16. Invitation for bid, issuance, modification and clarification of bidding documents; extension of deadline for submission of bids

1. Invitation for bid:

a) The invitation for bid is published as prescribed in clause 2 Article 8 of the Law on Bidding.  For a project requiring international competitive bidding as prescribed in clause 2 Article 11 of the Law on Bidding, the invitation for bid shall be posted in both English and Vietnamese on VNEPS and on the website of the relevant supervisory ministry or provincial People's Committee (if any) or an English newspapers published in Vietnam;

b) Letters of invitation for bid are sent to shortlisted investors (in case of limited bidding).

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a) In case of international competitive bidding, bidding documents are issued free of charge on VNEPS. The procuring entity shall post all files of the bidding documents on VNEPS;

b) In case of domestic limited bidding, bidding documents are issued free of charge to shortlisted investors;

c) In case of international bidding, the investor is required to pay an amount equaling the selling price of 01 set of electronic bidding documents when submitting their bid.

3. Modification of bidding documents:

In case any modifications are made to the bidding documents after they are issued, the procuring entity shall publish the modification decision, the addenda and modified bidding documents on VNEPS. The decision to modify bidding documents must be published at least 15 days (in case of domestic bidding) or 25 days (in case of international bidding) before the deadline for submission of bids. If this time requirement cannot be met, the deadline for submission of bids must be extended.

4.[21] Clarification of bidding documents:

a) In case of domestic bidding, the investor shall send its request for clarification to the procuring entity via VNEPS at least 07 days before the deadline for submission of bids;

b) In case of international bidding, the investor shall directly send its request for clarification to the procuring entity at least 15 days before the deadline for submission of bids;

c) The procuring entity shall publish its response to the investor’s request for clarification on VNEPS or, where necessary, convene a pre-bid meeting to clarify the contents of the bidding documents as requested by investors.

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d) Clarifications to the bidding documents must be published on VNEPS at least 02 before the deadline for submission of bids and must not be contrary to the contents of the bidding documents previously published on VNEPS. Should the clarifications to the bidding documents result in changes to the bidding documents, the modification of the bidding documents shall be subject to provisions of clause 3 of this Article.

5. The modification decision and record of clarification of the bidding documents are considered integral parts of the bidding documents.

6. If the deadline for submission of bids needs to be extended, the procuring entity 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.

Article 17. Preparation, submission, receipt, management, modification, substitution and withdrawal of bids

1. Investors prepare and submit bids according to the requirements of the bidding documents.

2. The procuring entity receives all bids submitted by investors before the deadline for submission of bids and manages such received bids as confidential documents until the investor selection result is made available; shall not reveal any information included in received bids, except those publicly disclosed upon bid opening.

3. An investor that wishes to modify, replace or withdraw their submitted bid shall be required to send a written request to the procuring entity. The procuring entity shall only accept the investor’s modification, substitution or withdrawal of the bid if the investor's written request is received by the deadline for submission of bids.

4. The bid or any document submitted by the investor to the procuring entity after the deadline for submission of bids is considered invalid, unopened and rejected, except clarifications of the bid which are provided at the request of the procuring entity or clarifications/additional documents submitted by the investor at their discretion for the purpose of proving their eligibility, capacity and experience.

Section 4. EVALUATION OF BIDS FOR PROJECTS APPLYING SINGLE-STAGE ONE-ENVELOPE PROCEDURE

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1. The bid opening shall be held in public and begin within 02 hours from the deadline for submission of bids. The procuring entity shall only open the bids received prior to the deadline for submission of bids according to the requirements of the bidding documents in the witness of the investors’ representatives who attend the bid opening, regardless of whether an investor is present or not.

2. The procuring entity checks the seals, opens every bid in the alphabetical order of investors’ names, and clearly reads out the following information:

a) Name of the investor;

b) The quantity of the original and copies;

c)[22] The value regarding investment efficiency in sector/industry/local development proposed by the investor in the bid, including one of the following information pieces: the monetary value of contributions made to state budget; percentage of revenues to be paid by the investor to state budget; prices of goods/services; number of not-for-profit public work items; value of social assistance services or other social welfare services provided for social protection beneficiaries which is determined in cash or expressed as the number of beneficiaries based on the list of social protection beneficiaries or social assistance services of the local area where the subject project will be executed; types, toxicity and total amount of pollutants released to the environment;

d) Proposed increase or decrease in the value specified in point c of this clause (if any);

dd) Validity period of the bid;

e) Value and validity period of the bid security;

g) Other relevant information.

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4. The representative of the procuring entity shall countersign the original copies of the letter of bid, power of attorney of the investor’s legal representative (if any), consortium agreement (if any), bid security, part indicating information on the investment and business plan, and proposals concerning efficiency of investment in sector/industry/local development included in each bid.

Article 19. Bid evaluation rules

1. The bid evaluation shall be carried out on the basis of the bid evaluation criteria and other requirements laid down in the bidding documents, and the bids and clarifications thereto submitted by investors in order to select an investor that meets all capacity and experience requirements and has feasible technical and financial plans for executing the project.

2. Copies shall be used in bid evaluation. Each investor shall assume responsibility for the consistency between the originals and the copies of the documents included in its bid. In the event of discrepancy between them which does not change the investor’s rank, the original shall prevail. In the case the discrepancy between the original and the copy results in different evaluation results and change in the investor’s rank, the bid of that investor shall be rejected.

3. During the bid evaluation, the procuring entity shall examine technical and financial aspects of the bid in order to confirm that the bid does not contain any deviations, reservations or omissions, in which:

a) Deviation means a departure from the requirements specified in the bidding documents; reservation means the setting of limiting conditions or withholding from complete acceptance of the requirements specified in the bidding documents; omissions means the failure to submit part or all of the information or documentation required in the bidding documents;

b) Provided that a bid is substantially responsive to the requirements of the bidding documents, the procuring entity may waive any nonconformity in the bid that does not constitute a material deviation, reservation, or omission;

c) Provided that a bid is substantially responsive to the requirements of the bidding documents, the procuring entity may request the investor to submit the necessary information or documentation, within a reasonable period of time, to rectify nonmaterial nonconformities or errors in the bid related to documentation requirements. Requesting information and documentation on such nonconformities shall not affect the investor’s proposals concerning the investment efficiency in sector/industry/local development. Failure of the investor to comply with the request of the procuring entity may result in the rejection of its bid.

Article 20. Clarification of bids

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2. If, after the bid closing, an investor finds that existing documents proving its capacity and experience have yet to be submitted together with its bid, the investor shall be allowed to submit such documents to the procuring entity for clarification of its bid. The procuring entity shall receive clarifications and/or additional documents submitted by the investor to prove its eligibility, capacity and experience for further evaluation. These documents shall form part of the bid.

3. Clarification of the proposals concerning investment and business plan, investment efficiency in sector/industry/local development must follow the rule that such clarification will cause no change in corresponding proposals included in the submitted bid.

4. Clarification of bid shall be only conducted between the procuring entity and the investor whose bid needs to be clarified. Clarifications to the bid must be made in writing and kept by the procuring entity as part of the investor’s bid.

Article 21. Bid evaluation 

1. Examination of the validity of bid, including:

a) Examine the number of originals and copies of the bid;

b) Examine component documents of the bid, including: letter of bid, consortium agreement (if any), power of attorney to sign the letter of bid (if any); bid security; documents proving the eligibility of the person signing the letter of bid (if any); documents proving the investor's eligibility, capacity and experience; proposals concerning investment and business plan; proposals concerning investment efficiency in sector/industry/local development; other component documents of the bid;

c) Examine the consistency between the original and copies to serve the detailed evaluation of the bid.

2. Evaluation of the validity of bid:

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a) The original of the bid is available;

b) The submitted letter of bid is valid, and bears the signature of the investor's lawful representative and seal (if any) as requested in the bidding documents. If the investor is a consortium, the letter of bid must have been signed and sealed (if any) by the lawful representatives of all members of the consortium or by the member assigned to sign the letter of bid on behalf of the consortium under the consortium agreement;

c) The value in the letter of bid must be specific and expressed both in figures and in words; proposal of different values concerning the investment efficiency in sector/industry/local development or with conditions that are disadvantageous to the competent authority or the procuring entity is prohibited;

d) The validity period of the bid meets the requirements of the bidding documents;

dd) The investor has furnished a valid bid security;

e) The investor’s name is not included in two or more bids as an independent investor or consortium member;

g) The consortium agreement that bears the signatures and seals (if any) of the lawful representatives of all consortium members is available;

h) The investor has provided documents proving its eligibility as prescribed in Article 5 of the Law on Bidding.

3. Evaluation of bid:

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b) The bid shall be evaluated applying the evaluation methods and criteria set out in the bidding documents.

4. Upon completion of the bid evaluation, the expert team shall make a bid evaluation report and send it to the procuring entity for consideration. Such a bid evaluation report shall clearly indicate the following information:

a) List of ranked investors;

b) List of investors whose bids are nonresponsive and rejected; reasons for bid rejection;

c) Comments on competitiveness, fairness, transparency and economic efficiency of the investor selection. Where regulations on competitiveness, fairness, transparency and economic efficiency in bidding are not complied with, reasons and remedial measures must be given.

5. Choosing successful investor:

An investor shall be proposed for contract award if meeting all of the conditions set out in Article 48 of this Decree.

Section 5. EVALUATION OF BIDS FOR PROJECTS APPLYING SINGLE-STAGE TWO-ENVELOPE PROCEDURE

Article 22. Technical proposal opening

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2. All financial proposals submitted by investors shall be put in a separate envelop which must be duly sealed and bear signatures of the procuring entity’s representative and investors’ representatives who are present at the technical proposal opening.

Article 23. Evaluation of technical proposals

1. Examination of validity of technical proposal, including:

a) Examine the number of the original and copies of the technical proposal;

b) Examine the component documents of the technical proposal, including: letter of technical bid, consortium agreement (if any), power of attorney to sign the letter of bid (if any); bid security; documents proving the eligibility of the person signing the letter of bid (if any); documents proving the investor's eligibility, capacity and experience; technical proposals; other component documents of the technical proposal;

c) Examine the consistency between the original and copies to serve the detailed evaluation of the technical proposal.

2. Evaluation of validity of technical proposal:

An investor’s technical proposal shall be considered valid if meeting all of the following conditions:

a) The original of the technical proposal is available;

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c) The validity period of the technical proposal meets the requirements of the bidding documents;

d) The investor has furnished a valid bid security;

dd) The investor’s name is not included in two or more technical proposals as an independent investor or a consortium member;

e) There is a valid consortium agreement (if the investor is a consortium);

g) The investor has provided documents proving its eligibility as prescribed in Article 5 of the Law on Bidding.

3. Clarification of technical proposals shall be made following the procedures in Article 20 of this Decree.

4. Evaluation of technical proposal:

a) Technical proposals shall be evaluated following the rules set out in Article 19 of this Decree;

b) The investor that has a valid technical proposal and meets capacity and experience requirements/investment and business plan requirements shall have its technical proposal opened and further evaluated.

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1. The procuring entity shall consider giving a written approval of the list of technically responsive investors according to the written request for approval of the list of technically responsive investors submitted by the expert team.

2. The procuring entity shall send notice of the list of technically responsive investors to all investors that have submitted bids and invite them to the financial proposal opening. The notice shall clearly indicate the time and location of the financial proposal opening.

Article 25. Financial proposal opening

1. Financial proposals of all investors whose names appear on the list of technically responsive investors shall be opened in the public at the time, date and location specified in the notice of the list of technically responsive investors. The bid opening record shall include the information in clause 2 Article 18 of this Decree, and be sent to all investors that have submitted bids.

2. The representative of the procuring entity shall countersign the original copies of the letter of bid, power of attorney of the investor’s legal representative (if any), consortium agreement (if any), proposals concerning efficiency of investment in sector/industry/local development included in each financial proposal.

Article 26. Evaluation of financial proposals

1. Examination of validity of financial proposal, including:

a) Examine the number of the original and copies of the financial proposal;

b) Examine the component documents of the financial proposal, including: letter of bid included in the financial proposal; other documents constituting the financial proposal;

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2. Evaluation of validity of financial proposal:

The investor’s financial proposal shall be considered valid if meeting all of the following conditions:

a) The original of the financial proposal is available;

b) The submitted letter of financial bid is valid, and bears the signature and seal (if any) of the investor’s lawful representative as requested in the bidding documents. If the investor is a consortium, the letter of bid must have been signed and sealed (if any) by the lawful representatives of all members of the consortium or by the member assigned to sign the letter of bid on behalf of the consortium under the consortium agreement;

c) The value in the letter of financial bid must be specific and expressed both in figures and in words; proposal of different values concerning the investment efficiency in sector/industry/local development or with conditions that are disadvantageous to the competent authority or the procuring entity is prohibited.

d) The validity period of the financial proposal meets the requirements of the bidding documents.

The investor whose financial proposal is valid will have its financial proposal further evaluated according to clause 4 of this Article.

3. Clarification of financial proposals shall be made following the procedures in Article 20 of this Decree.

4. Evaluation of financial proposal:

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b) Detailed evaluation of financial proposals and ranking of investors shall be carried out using the evaluation methods and criteria set out in the bidding documents.

5. Upon completion of the bid evaluation, the expert team shall make a bid evaluation report and send it to the procuring entity for consideration. Such a bid evaluation report shall clearly indicate the following information:

a) List of ranked investors;

b) List of investors whose bids are nonresponsive and rejected; reasons for bid rejection;

c) Comments on competitiveness, fairness, transparency and economic efficiency of the investor selection. Where regulations on competitiveness, fairness, transparency and economic efficiency in bidding are not complied with, reasons and remedial measures must be given.

6. The successful investor shall be chosen as prescribed in Article 48 of this Decree.

Section 6. SUBMISSION, APPRAISAL, APPROVAL AND DISCLOSURE OF INVESTOR SELECTION RESULT

Article 27. Submission, appraisal and approval of investor selection result

1. Submission, appraisal and approval of the investor selection result are subject to the following provisions:

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b) The investor selection result shall be appraised by the appraisal team as prescribed in Article 53 of this Decree before it is approved;

c) The competent person shall consider giving approval for the investor selection result in writing on the basis of the request for approval and report on appraisal of investor selection result.

2. In case an investor is selected as successful investor, the written approval of the investor selection result shall include the following information:

a) Project’s name;

b)[23] Name of the successful investor, name of the economic organization to be established by the successful investor (if any);

c)[24] One of the pieces of information prescribed in point c clause 2 Article 18 of this Decree;

d) Other contents (if any).

2a.[25] If the successful investor establishes an economic organization after the investor selection result is approved, the investor shall send information on the name of that economic organization to the competent authority for being added to the decision on approval of the investor selection result.

2b.[26] If the name of the successful investor or the name of the economic organization established by the successful investor is changed as a result of transfer of the investment project or transfer of shares/stakes of the economic organization established by the successful investor according to clause 2 Article 76 of the Law on Bidding, clauses 3 and 4 Article 50 of this Decree, the competent authority shall consider approving such transfer and revising the decision on approval of the investor selection result.

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Article 28. Disclosure of investor selection result

1. Within 05 working days from the day on which the written approval of investor selection result is given, the procuring entity shall publish information on the investor selection result on VNEPS as prescribed in point d clause 2 Article 7 and clause 4 Article 8 of the Law on Bidding, and notify the investor selection result to all investors that have submitted bids in writing.

2. The notice of the investor selection result shall include:

a) The information prescribed in clause 2 Article 27 of this Decree;

b) The list of unsuccessful investors, in which reasons for disqualification of each investor must be also indicated;

c) The plan for negotiation, completion and signing of contract with the successful investor.

Section 7. NEGOTIATION, COMPLETION AND SIGNING OF CONTRACT

Article 29. Negotiation and completion of contract

1. Based on the investor selection result, the first-ranked investor shall be invited to negotiate and complete the contract.  If the invited investor is not present or refuses to conduct negotiation and completion of contract, its bid security shall be forfeited.

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a) The bid evaluation report;

b) The bid and clarifications thereto (if any) submitted by the investor;

c) Bidding documents.

3. Contract negotiation and completion rules:

a) Contents of the contract negotiation and completion shall not include the investor’s proposals which are conformable with requirements of the bidding documents;

b) Contract negotiation and completion must be conducted in a manner that ensures no change in the substance of the bid.

4. Contents of contract negotiation and completion:

a) Negotiate and complete the contents that are proposed in the bid but are inconsistent or not fully detailed; nonconformities between the bidding documents and the bid that may lead to disputes or affect rights and obligations of the parties during the performance of the contract;

b) Negotiate the issues that arise during the investor selection (if any) in order to complete detailed contents of the contract;

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d) Other necessary contents.

5. The successful investor shall not be allowed to change, withdraw or refuse to perform its proposals in the bid which have been considered responsive by the procuring entity, unless such changes make the project more efficient.

6. In case the contract negotiation and completion process is unsuccessful, the procuring entity shall request the competent person to consider invalidating the investor selection result and inviting the next-ranked investor to the contract negotiation and completion. If the contract negotiation and completion conducted with the next-ranked investor is successful, the procuring entity shall submit, appraise, approve and publish the investor selection result according to Articles 27 and 28 of this Decree. If the contract negotiation and completion conducted with the next-ranked investor is still unsuccessful, the procuring entity shall request the competent person to consider issuing decision on bid cancellation as prescribed in point a clause 2 Article 17 of the Law on Bidding.

Article 30. Signing of investment project contract and publishing of main contents thereof

1. Signing of an investment project contract shall comply with provisions of Articles 71, 72, 74 and 75 of the Law on Bidding.

2. The investment project contract shall include the main contents as prescribed in Article 73 of the Law on Bidding, Appendix II enclosed herewith and provisions of the relevant specialized sector or industry law (if any).

3. Within 05 working days from the effective date of the investment project contract, the procuring entity shall publish the main contents of the contract on VNEPS. Information to be published includes:

a) Name of the project; contract number; signing date of the contract;

b) Name and address of the competent authority;

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d) Objectives and scale of the project;

dd) Planned project execution schedule;

e)[27] Project location;

g) Estimated total investment;

h)[28] One of the pieces of information prescribed in point c clause 2 Article 18 of this Decree;

i) Other contents (if any).

Chapter III

INVESTOR SELECTION PROCESS FOR PROJECTS APPLYING COMPETITIVE BIDDING METHOD UNDER TWO-STAGE ONE-ENVELOPE PROCEDURE

Article 31. Preparation for first bidding-stage

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2. Preparation for first bidding-stage includes the following steps:

a) Preparation and approval of the investor selection progress schedule as prescribed in Article 11 of this Decree, in which specific progress schedule of each stage must be indicated;

b) Disclosure of the investment project information as prescribed in Article 9 or 10 of this Decree;

c) Preparation of first stage bidding documents as prescribed in clause 3 of this Article;

d) Appraisal and approval of first stage bidding documents as prescribed in clause 3 Article 13 of this Decree.

3. The first-stage bidding documents are prepared on the grounds specified in Article 12 of this Decree, and include the following main contents:

a)[29] General information on the project, including: the project’s name; objectives; investment scale; total investment; project location; approved planning targets; project execution duration/schedule;

b) Instructions for preparation and submission of first-stage bids;

c) Eligibility requirements to be satisfied by the investor as prescribed in Article 5 of the Law on Bidding;

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dd) Preliminary outlines of the investment and business plan; investment efficiency in sector/industry/local development;

e) Other necessary contents (if any).

The first-stage bidding documents neither require investors to provide financial proposals nor furnish bid security.

Article 32. Organization of first bidding-stage

1. Invitation to submit first-stage bids shall comply with provisions of clause 1 Article 16 of this Decree.

2. Issuance, modification and clarification of the bidding documents shall comply with provisions of clauses 2, 3 and 4 Article 16 of this Decree.

3. Preparation, submission, receipt, management, modification, substitution and withdrawal of bids shall comply with provisions of Article 17 of this Decree.

4. Bid opening:

a) The bid opening shall be held in public and begin within 02 hours from the deadline for submission of bids. The bid opening record shall be sent to the investors that have submitted bids;

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5. Discussion about first-stage bids:

a) Based on the requirements set forth in the bidding documents and the investor’s proposals in their first-stage bids, the procuring entity shall discuss with each investor to set out exact requirements regarding business plan, investment efficiency in sector/industry/local development as the basis for completing the second-stage bidding documents;

b) Discussion about first-stage bids shall change neither contents of the decision on approval of investment guidelines (for a project whose investment guidelines require approval) nor written approval of the investment project information (for a project whose investment guidelines do not require approval);

c) A discussion record will be made, bear signatures of the representatives of the procuring entity and the investor, and be sent directly to the investor.

Article 33. Preparation for and organization of second bidding-stage

1. Second-stage bidding documents are prepared on the grounds specified in Article 12 of this Decree and results of discussion about first-stage bids.

2. The second-stage bidding documents shall include the contents prescribed in clauses 1 and 2 Article 13 of this Decree.

3. Appraisal and approval of second-stage bidding documents shall comply with provisions of clause 3 Article 13 of this Decree.

4. Organization of bidding:

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b) Preparation, submission, receipt, management, modification, substitution and withdrawal of bids shall comply with provisions of Article 17 of this Decree;

c) The bid opening shall comply with provisions of Article 18 of this Decree.

Article 34. Evaluation of second-stage bids

1. Evaluation of bids shall comply with provisions of Article 19 of this Decree.

2. Clarification of bids shall comply with provisions of Article 20 of this Decree.

3. Evaluation of second-stage bids shall comply with provisions of Article 21 of this Decree.

Article 35. Submission, appraisal, approval and disclosure of investor selection results; negotiation, completion and signing of project contract, disclosure of information thereon

1. Submission, appraisal, approval and disclosure of investor selection result shall comply with provisions of Articles 27 and 28 of this Decree.

2. Negotiation, completion and signing of project contract, and disclosure of information thereon shall comply with provisions of Articles 29 and 30 of this Decree.

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INVESTOR SELECTION PROCESS FOR PROJECTS REQUIRING DETERMINATION OF INTERESTED INVESTORS

Article 36. Application of procedures for invitation for EOI

1.[31] Invitation for EOI procedures are employed to projects requiring determination of number of interested investors as prescribed in specialized sector or industry laws in point c clause 4 Article 1 of this Decree.

2. International EOI request procedures apply to investment projects prescribed in clause 1 of this Article, except the cases in points a, b, c and d clause 2 Article 11 of the Law on Bidding and other cases as prescribed in specialized sector or industry laws.

3. A competent person shall assign an agency/unit affiliated to a Ministry or ministerial agency, specialized agency, an agency affiliated to a provincial People’s Committee or economic zone management board or district-level People’s Committee to act as an EOI requester.

4. The EOI requester shall follow the procedures in Articles 37 through 42 of this Decree. A competent authority shall create a task-specific account and delegate account use rights to the EOI requester for publishing information and EOI request on VNEPS.

Article 37. Preparation for request for EOI

Before sending EOI requests, the competent authority shall publish the project information on VNEPS according to one of the following provisions:

1. For a project whose investment guidelines require approval, the competent authority shall publish the decision on approval of investment guidelines.

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Article 38. Preparation and approval of EOI request

1.[32] The EOI requester shall assign an expert team to prepare the EOI request which shall include the information in clause 2 of this Article to serve the investors' preparation of their applications for project execution. The EOI request is prepared on the grounds specified in clauses 1, 2, 3 and 5 Article 12 of this Decree.

The EOI request may be prepared before the documents in clauses 1, 2, 3 and 5 Article 12 of this Decree are approved by competent authorities but the approval of EOI request must be given on these grounds.

2. The EOI request shall include:

a) Instructions to investors;

b) Eligibility requirements to be satisfied by the investor as prescribed in Article 5 of the Law on Bidding;

c) Methods and criteria for preliminary evaluation of capacity and experience of investors as prescribed in clauses 3 and 4 of this Article;

d) Document forms used in EOI request response;

dd) Information and requirements regarding execution of the investment project;

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3. 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.

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

a) Required equity as prescribed in point a clause 1 Article 45 of this Decree;

b) The investor’s experience in executing similar projects as prescribed in points a and b clause 2, clause 3 and clause 4 Article 45 of this Decree;

5. In case of domestic request for EOIs for a project to which the application of advanced technologies and/or international management experience is encouraged, the EOI request may apply the provisions of clause 5 Article 45 of this Decree.

6. The EOI request shall only include the requirements serving the purpose of selecting an investor satisfying eligibility, capacity and experience requirements for executing the project; do not include any conditions that limit the participation of investors or give advantage for one or some investors resulting in unfair competition.

7. The EOI request shall be prepared and approved at the same time as a decision on approval of investment guidelines (for a project whose investment guidelines require approval as prescribed in the Law on Investment) or preparation and approval of the investment project information (for a project whose investment guidelines do not require approval), or after this decision or approval is ratified or given by a competent authority.

Article 39. Invitation for EOI, issuance, modification and clarification of EOI request; extension of deadline for submission of applications for project execution

1. The invitation for EOI is published on VNEPS as prescribed in clause 2 Article 8 of the Law on Bidding.  For a project requiring international invitation for EOI as prescribed in clause 2 Article 36 of this Decree, the invitation for EOI shall be posted in both English and Vietnamese on VNEPS and on the website of the relevant supervisory ministry or provincial People's Committee (if any) or an English newspapers published in Vietnam.

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3. In case modifications are made to the EOI request after it is issued, the EOI requester shall publish the modification decision, the addenda and modified EOI request on VNEPS. The decision to modify the EOI requester must be published on VNEPS at least 10 days before the deadline for submission of applications for project execution.

4. Clarification of EOI request:

a) An investor requiring clarification of the EOI request shall send its request for clarification to the EOI requester via VNEPS at least 05 days before the deadline for submission of applications for project execution;

b) The record of clarification of the EOI request shall be published on VNEPS at least 02 days before the deadline for submission of applications for project execution;

c) Clarifications to the EOI request must not be contrary to the contents of the 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 clause 3 of this Article;

d) The modification decision and record of clarification of the EOI request are considered an integral part of the EOI request.

5. 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.

Article 40. Preparation, submission, receipt, modification, withdrawal of applications for project execution

1. Investors prepare and submit applications for project execution via VNEPS according to the requirements of the EOI request. The minimum period between the first date on which the EOI request is issued and the deadline for submission of applications for project execution which is given for investors to prepare their applications shall be 30 days.

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3. An application for project execution may only be modified or withdrawn before the deadline for submission of applications for project execution.

Article 41. Opening and evaluation of applications for execution of investment projects

1. The bid opening shall be made on VNEPS and begin within 02 hours from the deadline for submission of applications for execution of investment projects.

2. The EOI requester shall organize evaluation of all applications for execution of investment project submitted by investors. Investors shall have the burden of clarifying their applications for project execution at the request of the EOI requester or shall, at their discretion, send clarifications and/or submit additional documents proving their legal status, capacity and experience in case they find that existing documents about their capacity and experience have yet to be submitted together with their applications. All requests for clarification and investors’ clarifications must be sent through the National bidding system.

Article 42. Submission, approval and disclosure of invitation for EOI result

1. Based on the results of the evaluation of applications for execution of investment project, 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 competitive bidding procedures in Article 43 of this Decree;

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.

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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;

b) International competitive bidding method will be employed if there is at least a foreign investor meeting the requirements of the EOI request.

3. In the case prescribed in point c clause 1 of this Article, the competent person shall give a written notice of termination of invitation for EOI procedures and consider following one 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 the 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.

4. Based on the decision issued by the competent person as prescribed in clause 1 of this Article, 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.

Article 43. Process of bidding for investor selection 

The process of the competitive bidding for investor selection shall comply with provisions of Section 2 through 7 Chapter II or III of this Decree.

Chapter V

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Article 44. Evaluation methods

1. Bids submitted by investors shall be evaluated adopting the methods and criteria in Article 62 of the Law on Bidding, and sub-criteria in Articles 45, 46 and 47 of this Decree.

2.[33] Bids shall be evaluated on the scale of 100 or 1.000 points. A combined score is the sum of capacity and experience score, investment and business plan score, and score of investment efficiency in sector/industry/local development. The proportion of each score shall be as follows:

a) Capacity and experience score accounts for 30% - 40% of total score;

b) Investment and business plan score accounts for 30% - 50% of total score;

c) Score of investment efficiency in sector/industry/local development accounts for 10% - 40% of total score.

3. An investor is required to achieve the following minimum scores to be further evaluated and ranked:

a) The required minimum combined score is 70% of total score;

b) The required minimum score of a sub-criterion is 60% of its maximum score. For a project applying the single-stage two-envelope bidding procedure, the required minimum score of each of the sub-criteria specified in Articles 45 and 46 of this Decree is 70% of its maximum score;

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The investor that has met the minimum score requirement for each of the criteria specified in this Clause and the highest combined score shall be ranked first.

4. For an investment project which has specific business, investment, management and sector or industry development requirements as prescribed in the Law on Investment and specialized sector or industry law, the bidding documents shall impose one or some specific criteria for evaluation of the investor’s investment and business plan or investment efficiency in sector/industry/local development without developing a point scale for these criteria.

Article 45. Capacity and experience evaluation criteria [34]

1. Criteria for evaluation of an investor's financial and funding arrangement capacity consist of:

a) Equity which is determined on the basis of total investment of the project;

The minimum required equity shall be determined in accordance with regulations of specialized sector or industry law. If provisions on minimum required equity in the specialized sector or industry law are not available, the minimum required equity shall not be lower than 15% of total investment.

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.

b) Investor’s capacity to raise borrowed capital. The borrowed capital of a consortium investor is the sum of borrowed capital amounts of all members of the consortium;

c) Financial indicators (if any).

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a) Experience in investment in and construction of similar projects/work items (for a project comprising construction item); experience in investment in similar projects (for a project that does not comprise construction items);

b) Experience in operating and running business of similar projects/ work items (applicable to a project with specific operation and business requirements to provide products/services, in conformity with the objectives, nature and management requirements of each project);

c) Experience of key personnel and equipment as required by specialized sector or industry law;

f) History of disputes and lawsuits against finished and in-progress projects;

dd) History of the investor's suspended or terminated investments in the province or central-affiliated city where the project will be executed (if any).

3. In case of a consortium, the consortium investor’s experience in executing similar projects as prescribed in clause 2 of this Article is determined taking into account total projects executed by all members of the consortium.

4. The investor is allowed to use experience of its partners to prove its experience in executing similar projects as prescribed in clause 2 of this Article. Partners are organizations entering into contracts with the investor or the investor’s subsidiaries that are recommended in the investor's bid to engage in the execution of the investment project. In this case, the partner’s experience and capacity to fulfill tasks must be evaluated according to the requirements laid down in the bidding documents.

5. In case of domestic bidding for a project to which the application of advanced technologies and/or international management experience is encouraged, the bidding documents may include a provision that the investor is allowed to choose a partner that is a foreign contractor.

6. Regarding an investment project for which procedures for invitation for EOI have been completed and there are at least two investors meeting the requirements of the EOI request as prescribed in point a clause 1 Article 42 of this Decree, capacity and experience evaluation criteria set out in the bidding documents must be updated and modified on the basis of the approved EOI request, clauses 1 through 5 of this Article and the documents specified in Article 12 of this Decree.

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1. Technical evaluation criteria:

a) The conformity of the investor’s investment and business plan (in terms of scope, scale, preliminarily estimated total costs, project's duration, execution schedule, investment phasing) with the planning approved by a competent authority in accordance with regulations of law on planning, law on construction, specialized sector or industry law, and relevant laws;

b) Feasibility of solutions for applying technologies proposed by the investor (if any); technology transfer requirements (if any);

c) Satisfaction of business conditions as prescribed in the Law on Investment and specialized sector or industry law (if any); requirements concerning the plan to put the project into operation;

d) For a project on international football betting business, technical evaluation criteria include those specified in points a, b, c of this clause and the requirements concerning the compliance of the plan for investment in betting systems and the plan for provision of betting services with regulations of law on betting on horse and dog racing and international football;

dd) For a project on dredging and recovery of products from maritime/inland waterway infrastructure facilities in seaport waters and inland waterways, technical evaluation criteria include those specified in points a, b, c of this clause and the requirements concerning specialized techniques, scope and scale of dredging, and amount of recovered products;

e) For a project in fields in which private sector involvement is encouraged, technical evaluation criteria include those specified in points a, b, c of this clause and the requirements concerning quality of goods/services provided by the investor, compliance of the investment plan proposed by the investor with regulations on types, criteria, scale and standards of establishments in which private sector involvement is encouraged, solutions for use of advanced and modern equipment and high technologies in medical examination and treatment (for a project in health sector).

2. Social evaluation criteria:

a) Requirements concerning provision of social welfare for local workers by means of use of local workers, human resource training, average income and average income growth rate; provision of social assistance services for social protection beneficiaries or other social welfare services provided by the investor for local area to meet demands of local area where the project will be to executed;

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3. Environmental evaluation criteria:

The procuring entity/expert team shall establish environmental evaluation criteria in the bidding documents in conformity with the project execution requirements, including one, some or all of the following:

a) Requirements concerning the conformity of goods/services supplied with regulations of law on environment, reduction of waste discharged, and promotion of eco-friendly products/services;

b) Requirements concerning environmental protection, clean production and energy saving;

c) Requirements concerning use of natural resources as prescribed by law, biodiversity conservation, or improvement of natural resources and natural ecosystems at the region where the project is executed as prescribed in the Law on environmental protection;

d) For a project on dredging and recovery of products from maritime/inland waterway infrastructure facilities in seaport waters and inland waterways, environmental evaluation criteria include those specified in points a, b, c of this clause and the requirements concerning the conformity of goods/services provided with regulations of law on environment; solutions for dredging seaport waters and inland waterways to limit recovery of products affecting seaport waters and inland waterways;

dd) Requirements concerning solutions for minimizing adverse impacts on the environment, transfer and application of advanced technologies, high technologies, eco-friendly technologies and/or best available techniques (for a project which poses high risk of adverse environmental impacts as prescribed in the Law on environmental protection).

Article 47. Criteria for evaluation of investment efficiency in sector/industry/local development [36]

1. Based on the sector/industry/local development requirements, except the projects specified in clause 2 of this Article, the criteria for evaluation of investment efficiency in sector/industry/local development shall be established on the basis of one of the following:

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b) Minimum rate of revenues paid to state budget;

c) Price bracket and maximum price as prescribed in the Pricing Law and/or specialized sector or industry law;

d) Minimum number of not-for-profit public works which is determined based on the list of projects and works needing investments in the local area where the subject project will be executed;

dd) Minimum value of social assistance services or other social welfare services provided for social protection beneficiaries which is determined in cash or expressed as the number of beneficiaries based on the list of social protection beneficiaries or social assistance services of the local area where the subject project will be executed;

e) Maximum limits on types, toxicity and total amount of pollutants released to the environment as prescribed in the Law on Environmental Protection.

2. For a project on dredging and recovery of products from maritime/inland waterway infrastructure facilities in seaport waters and inland waterways, the evaluation criterion shall be the cash payment to state budget which is determined as follows:

a) The minimum difference between dredging cost and value of recovered products in case the project’s dredging cost is smaller than or equal to the value of recovered products;

b) The maximum difference between dredging cost and value of recovered products in case the project’s dredging cost is greater than the value of recovered products.

3. Values and rates specified in points a, b clause 1 and clause 2 of this Article are separated from the investor’s obligations to state budget as prescribed by law.

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a) The payment to state budget is determined according to the value proposed by the investor in its bid;

b) The method, schedule and deadline for payment of the value prescribed in point a of this clause are specified in the contract.

5. The value of the investment efficiency in sector/industry/local development proposed by the investor in its bid shall be neither lower than the minimum value nor higher than the maximum value according to the evaluation criteria specified in the bidding documents.

Article 48. Contract awarding rules

1. An investor may be considered successful and awarded the contract if the investor:

a) has a substantially responsive bid;

b) meets capacity and experience requirements;

c) meets requirements regarding the investment and business plan;

d) meets the requirements regarding the efficiency of investment in sectoral or local development; and

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2. The notice of investor selection result sent to an unsuccessful investor must provide the reasons that its bid was unsuccessful.

Chapter VI

 EXECUTION OF INVESTMENT PROJECTS

Article 49. Establishment of economic organization executing investment project by successful investor

1.[37] The successful investor shall directly execute the investment project or establish an economic organization in charge of executing the project.

Establishment, management, operation and dissolution of the economic organization established by the successful investor for executing the investment project shall comply with regulations of law applicable to the business type of such economic organization, the Law on Investment, the Law on Enterprises and specialized sector or industry law.

2.[38] If an economic organization is established to execute the investment project as prescribed in clause 1 of this Article, the investor must include information on such establishment in its bid.

3.[39] The economic organization established by the successful investor as prescribed in clause 1 of this Article shall be wholly owned by the investor, and be required to meet conditions for establishment, management, operation and dissolution set out in regulations of law applicable to the business type of such economic organization, the Law on Investment, the Law on Enterprises, and specialized sector or industry law.

3a.[40] The economic organization established by the successful investor shall inherit rights and obligations of the successful investor according to the commitments in its bid, and terms and conditions of the project contract.

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5.[42] (abrogated).

Article 50. Execution of investment project by successful investor or economic organization established by successful investor

1.[43] (abrogated).

2.[44] The successful investor or the economic organization established by the successful investor shall organize the execution of the investment project in accordance with terms and conditions of the project contract, and provisions of the Law on Enterprises, the Law on Investment, the Law on Construction, and relevant laws.

3.[45] During the execution of the investment project, the successful investor or the economic organization established by the successful investor shall be allowed to transfer partial or entire project if it satisfies:

a) the conditions set out in the Law on Investment, specialized sector or industry law and relevant laws;

b) the conditions set out in clause 2 Article 76 of the Law on Bidding.

4.[46] Transfer of shares/stakes by shareholders/members of the economic organization established by the successful investor before the project is put into official operation may be carried out if the following conditions are met:

a) The transfer is approved by the competent person;

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c) In addition to the conditions in points a and b of this clause, an investor that receives shares/stakes transferred by a consortium member must also meet the minimum equity requirement for each consortium member laid down in point a clause 1 Article 45 of this Decree.

From the day on which the project is put into official operation, the transfer of shares/stakes shall comply with regulations of the Law on Enterprises, regulations of law applicable to the business type of the economic organization without requiring satisfaction of the conditions set out in this clause.

5.[47] Transfer of the investment project and transfer of shares/stakes of the economic organization as prescribed in clauses 3 and 4 of this Article must be specified in the contract.

Based on terms and conditions of the contract and opinions given by the procuring entity about the investor that wishes to receive the transfer, the competent person consider approving the application for transfer of the investment project or transfer of shares/stakes of the economic organization.

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

6.[48] In case the transfer of the project or shares/stakes prescribed in clauses 3 and 4 of this Article results in modification of the investment project, after obtaining an approval from a competent person as prescribed in clause 5 of this Article, the transferor (i.e. the investor or the economic organization established by the investor) shall follow procedures for modification of the investment project in accordance with regulations of the Law on Investment and relevant laws before making modifications to the project contract.

7.[49] The successful investor or the economic organization established by the successful investor shall be required to fulfill all financial obligations to the State that arise from the transfer of the project or shares/stakes in accordance with regulations of law.

8.[50] The successful investor or the economic organization established by the successful investor is entitled to make capital contribution or increase their charter capital for executing other investment projects (if any) provided that there is no change in rights and obligations undertaken by the investor in its bid and the project contract.

9.[51] 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 consider and evaluate technical and financial capacity of the investor.

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Article 51. Execution of investment projects by investors approved as prescribed in Law on Investment [52]

1. An investor shall be approved to execute an investment project according to the investor approval decision and regulations of the Law on Enterprises, the Law on Investment, the Law on Construction, specialized sector or industry law and relevant laws.

2. The approved investor shall directly execute the investment project or establish an economic organization in charge of executing the project. Establishment, management, operation and dissolution of the economic organization established by the approved investor for executing the investment project shall comply with regulations of law applicable to the business type of such economic organization, the Law on Investment, the Law on Enterprises and specialized sector or industry law.

Chapter VII

CONTENTS OF APPRAISAL AND RESPONSIBILITY TO CARRY OUT APPRAISAL AND APPROVAL DURING INVESTOR SELECTION

Article 52. Appraisal of bidding documents

1. Documents submitted for appraisal/approval include:

a) A written request for approval of bidding documents made by the procuring entity;

b) The draft bidding documents;

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d) Other documents as prescribed in the specialized sector or industry law and relevant laws.

2. Contents of appraisal:

a) Examine legal grounds and documents used as the basis for preparing the bidding documents;

b) Examine the suitability of the bidding documents for the scale, objectives, scope of tasks, and duration of the project; the compliance of the bidding documents with regulations of the Law on Bidding and relevant laws;

c) Consider dissenting opinions (if any) given by entities participating in the preparation of the bidding documents;

d) Other relevant contents.

3. Contents of appraisal report:

a) Overview of the project information and legal grounds for preparing the bidding documents;

b) Summation of opinions given by relevant agencies/units (if any).

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d) Proposals and recommendations of the appraisal team for approval of the bidding documents; proposed remedial measures against the bidding documents whose contents are found unconformable with regulations of the Law on Bidding and relevant laws; recommendations on the case where there are no grounds for approval of the bidding documents;

dd) Other opinions (if any).

4. Before the appraisal report is signed, the appraisal team may convene a meeting with relevant parties to discuss and consider the contents of the bidding documents given dissenting opinions (where necessary).

Article 53. Appraisal of investor selection result

1. Documents submitted for appraisal/approval include:

a) A written request for approval of investor selection result made by the procuring entity;

b) Bid evaluation report made by the expert team;

c) Photocopies of the bidding documents, the bid closing record, the bid opening record, bids of investors and other relevant documents.

2. Contents of appraisal:

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b) Inspect the punctuality during the process of bidding for investor selection;

c) Inspect the bid evaluation; compliance with regulations of the Law on Bidding and relevant laws during the bid evaluation;

d) Consider dissenting opinions (if any) between the procuring entity and the expert team; or between members of the expert team;

dd) Other relevant contents.

3. Contents of appraisal report:

a) Overview of the project information and legal grounds for organization of bidding for investor selection;

b) Summary of the investor selection process and the procuring entity’s recommendations on the investor selection result;

c) Summation of opinions given by relevant agencies/units (if any);

d) Comments and opinions of the appraisal team about the contents specified in clause 2 of this Article, and the achievement of objectives of ensuring competitiveness, fairness, transparency, economic efficiency and accountability during the bidding for investor selection; assenting or dissenting opinions about the investor selection result;

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e) Other opinions (if any).

Article 54. Responsibilities of Ministers, heads of ministerial agencies, Chairpersons of provincial People’s Committees, and heads of economic zone management boards

1. Consider approving invitation for EOI results and investor selection results.

2. Consider approving EOI requests.

3. Consider approving the bidding documents or authorize the heads of agencies affiliated to Ministries or ministerial agencies, specialized agencies, agencies affiliated to provincial People’s Committees or economic zone management boards or district-level People’s Committees to consider approving the bidding documents.

4. Perform other tasks of competent persons as prescribed in Article 77 of the Law on Bidding.

Article 55. Responsibilities of heads of agencies affiliated to Ministries or ministerial agencies, specialized agencies, agencies affiliated to provincial People’s Committees or economic zone management boards or district-level People’s Committees

1. Perform tasks under the responsibility of the procuring entity as prescribed in Article 79 of the Law on Bidding; consider approving the list of technically responsive investors.

2. Perform tasks under the responsibility of the EOI requester as prescribed in clause 4 Article 36 of this Decree.

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Article 56. Responsibilities of appraisal teams

1. Each Provincial Department of Planning and Investment shall organize appraisal of the following contents:

a) The bidding documents for the projects in which the Chairperson of the provincial People’s Committee acts as the competent person, except the cases specified in clause 3 of this Article;

b) Investor selection results for the projects in which the Chairperson of the provincial People’s Committee acts as the competent person.

2. An agency/unit assigned by a Minister, head of ministerial agency or head of economic zone management board to take charge of appraisal tasks shall organize appraisal of the following contents:

a) The bidding documents for the projects in which the Minister, head of ministerial agency or head of economic zone management board acts as the competent person, except the cases specified in clause 3 of this Article;

b) Investor selection results for the projects in which the Minister, head of ministerial agency or head of economic zone management board acts as the competent person.

3. In case the procuring entity is authorized to consider approving the bidding documents as prescribed in point d clause 2 Article 79 of the Law on Bidding and clause 3 Article 54 of this Decree, it shall establish an appraisal team or assign its affiliated unit to organize appraisal of the bidding documents.

4. The organization or individual vested with appraisal tasks may employ a consultant with appropriate capacity and experience to perform such appraisal tasks if it is incapable of doing so.

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HANDLING OF SITUATIONS, INSPECTION AND SUPERVISION OF BIDDING FOR INVESTOR SELECTION

Article 57. Handling of certain situations in investor selection

1. At the bid closing time, if there is no application for project execution or bid is received, the EOI requester or the procuring entity shall request the competent person to consider handling the case adopting any of the following methods:

a) Allow extension of the deadline for submission of bids for up to 30 days;

b) Decide cancellation of invitation for EOI or invitation for bid, and request the EOI requester or the procuring entity to modify the EOI request or bidding documents and re-organize the investor selection.

2.[53] At the bid closing time, if there are less than 03 investors submitting applications for project execution or bids, the EOI requester or the procuring entity shall request the competent person to consider handling the case within 24 hours from the bid closing time adopting any of the following methods:

a) Allow extension of the deadline for submission of bids, review and modify the EOI request or bidding documents (where necessary) for the purpose of increasing the number of investors applying for project execution or submitting bids.  In this case, investors must be provided with the new deadline for submission of bids and corresponding time limits for making modifications or adding additional information to their submitted applications for project execution or bids. If the EOI request or bidding documents are modified, investors that have submitted applications for project execution or bids are entitled to modify, replace or withdraw their submitted applications or bids;

b) Allow immediate opening of bids to carry out bid evaluation.

3 . If the bidding documents are found to have information that leads to unclear or different interpretations during the bid evaluation or may falsify the investor selection result, the procuring entity shall request the competent person to consider handling the situation  according to the following steps:

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b) Notify all investors whose bids have been submitted of modification of the bidding documents and request them to submit additional bids for modified contents or other contents of their bids which are affected by modifications to the bidding documents (where necessary);

c) Organize re-evaluation of bids.

4. Upon completion of the shortlisting procedure for an investment project to which the limited bidding method is applied, if there are less than 03 investors meeting the project's requirements, the procuring entity shall request the competent person to consider approving the shortlist containing less than 03 investors.

5. Upon completion of the bid evaluation, if there are at least two investors achieving the same combined score which is also the highest score, the investor achieving the higher score of investment efficiency in sector/industry/local development shall be proposed for contract award.

6. At the time of signing of contract, if the successful investor is no longer technically and/or financially qualified to execute the investment project as prescribed in the bidding documents, the next-ranked investor shall be invited to negotiate and complete the contract. In this case, the investor invited to the contract negotiation and completion shall be required to restore the validity of its bid and bid security if its bid has expired and its bid security has been returned or released.

7. In case there is a change in holding ratio of equity of a consortium investor that wins the bid but has not yet signed the project contract or the signed project contract is not yet effective, the procuring entity shall evaluate and update information on the investor’s capacity as prescribed in Article 45 of this Decree in order to ensure that the requirements regarding the investor’s capacity and the minimum holding of equity of each consortium member are satisfied as prescribed in Article 45 of this Decree. After the investor’s capacity information has been updated, the procuring entity shall request the competent person to consider making decision to follow subsequent procedures as prescribed in this Decree.

8. If VNEPS encounters a problem requiring a long time to complete troubleshooting, the Ministry of Planning and Investment of Vietnam shall notify on VNEPS the guidelines for investor selection, including organization of offline investor selection, during the system failure and troubleshooting.

9. In case the EOI requester/procuring entity finds that the information it posted on VNEPS is different from the approved one before the bid closing time, the EOI requester/procuring entity shall request the competent person to remove such incorrect information for re-posting the correct one.

9a.[54] In case its branch, factory or representative office is split from the juridical person as prescribed in the Civil Code, the receiving investor or the investor that is established from the branch, factory or representative office shall inherit capacity and experience in bidding of such a branch, factory or representative office.

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9c.[56] 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/procuring entity shall request the competent person to consider including in the EOI request/bidding documents the requirements regarding experience in executing similar projects which shall not be less than 90% of those included in the EOI request/bidding documents of the project in the same sector or industry whose total investment is most comparable to that of the subject project. In this case, the competent person may stipulate the value of the performance security which is 3% of total investment of the project.

9d.[57] 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 in the specialized sector or industry law and other relevant laws. In this case, the competent person may stipulate the value of the performance security which is 3% of total investment of the project.

9dd.[58] In case the phasing of the project execution duration is included in the decision on approval of the project’s investment guidelines, the procuring entity shall request the competent person to consider including in the bidding documents the provision that the performance security shall be returned in each stage of the project as agreed upon in the project contract, unless the performance security is forfeited.

10.[59] Apart from the situations in clauses 1 through 9dd of this Article, the EOI requester/procuring entity shall report any other situation that arises during the investor selection to the competent person to consider making decision on the basis of ensuring the achievement of all objectives in bidding, including competitiveness, fairness, transparency, economic efficiency and accountability.

Article 58. Inspection of bidding for investor selection

1. Authority to conduct inspection of bidding for investor selection:

a) The Ministry of Planning and Investment of Vietnam shall play the leading role and organize inspection of bidding for investor selection nationwide according to periodical plans;

b) Each Minister, head of ministerial agency or head of economic zone management board shall play the leading role and organize inspection of bidding for investor selection for a project in which he/she acts as the competent person;

c) Chairpersons of provincial People’s Committees shall play the leading role and organize inspection of bidding for investor selection for projects in which they act as competent persons. Provincial Departments of Planning and Investment shall assist Chairpersons of provincial People’s Committees in organizing inspection of bidding for investor selection in their provinces.

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a) Promulgation of guidelines and directives for performing investor selection tasks;

b) Public disclosure of the investment project (for a project whose investment guidelines require approval); preparation, approval and disclosure of the investment project information (for a project whose investment guidelines do not require approval);

c) Preparation and approval of the EOI request; evaluation, approval of invitation for EOI results;

d) Preparation and approval of bidding documents; evaluation, approval of investor selection results;

dd) Contents of the signed contract and compliance with legal grounds for signing and performance of the contract;

e) Other necessary contents.

3. Rules, forms, methods, and procedures for inspection shall comply with corresponding provisions of the Decree elaborating and providing measures for implementation of the Law on Bidding regarding contractor selection.

Article 59. Supervision of bidding for investor selection

1. Supervision of bidding for investor selection as prescribed in point a clause 3 Article 86 of the Law on Bidding shall be included in supervision of the investment project or overall investment supervision conducted by investment authorities/authorities in charge of investment registration in accordance with regulations of the Law on Investment.

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a) Each Minister, head of ministerial agency or head of economic zone management board shall play the leading role and organize supervision of bidding for investor selection for a project in which he/she acts as the competent person or which is in a sector under his/her jurisdiction;

b) Chairpersons of provincial People’s Committees shall play the leading role and organize supervision of bidding for investor selection for projects in their responsible provinces in which they act as competent persons. Provincial Departments of Planning and Investment shall assist Chairpersons of provincial People’s Committees in organizing supervision of bidding for investor selection in their provinces.

3. Contents of supervision of bidding for investor selection:

a) Public disclosure of the investment project (for a project whose investment guidelines require approval); preparation, approval and disclosure of the investment project information (for a project whose investment guidelines do not require approval);

b) Preparation, appraisal and approval of bidding documents:

c) Bid evaluation;

d) Appraisal of investor selection results;

dd) Results of negotiation, completion and signing of contract.

4. Upon expiry of the contract, the competent authority in charge of performing state management of investment shall conduct supervision of the investment project or overall investment supervision as prescribed in the Law on Investment in order to ensure that the investor has fulfilled all commitments during the execution of the investment project.

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ONLINE INVESTOR SELECTION

Article 62. Roadmap for application of online investor selection [60]

1. From September 01, 2025: Initiate online procedures for domestic invitation for EOI as prescribed in Article 61 of this Decree on VNEPS.”

2. From January 01, 2026: Carry out online investor selection for investment projects that apply domestic competitive bidding or limited bidding under single-stage one-envelope procedure or single-stage two-envelope procedure as prescribed in Article 62 of this Decree on VNEPS.

3. For investment projects that require international bidding, online investor selection procedures shall not be applied but information on investor selection must be published on VNEPS as prescribed in clause 2 Article 7 of the Law on Bidding.

Article 61. Process of online invitation for EOI

1. Online invitation for EOI, issuance of online EOI request:

a) The online invitation for EOI (hereinafter referred to as "E-TBMQT”) is published on VNEPS as prescribed in clause 2 Article 8 of the Law on Bidding;

b) The online EOI request (hereinafter referred to as “E-HSMQT”) and E-TBMQT are issued on VNEPS at the same time. The EOI requester shall provide free of charges all files of E-HSMQT on VNEPS;

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2. Modification and clarification of E-HSMQT; extension of the deadline for submission of E-HSDKTHDAs:

a) In case modifications are made to E-HSMQT after it is issued, the EOI requester shall publish the modification decision, the addenda to E-HSMQT and the modified E-HSMQT on VNEPS.

b) Clarification of E-HSMQT:

An investor requiring clarification of E-HSMQT shall send its request for clarification to E-HSMQT to the EOI requester on VNEPS at least 05 working days before the deadline for submission of E-HSDKTHDAs for consideration and processing.

The record of clarification of E-HSMQT shall be published on VNEPS at least 02 working days before the deadline for submission of E-HSDKTHDAs. Clarifications to E-HSMQT must not be contrary to the contents of E-HSMQT previously published on VNEPS.

Should the clarifications to E-HSMQT result in changes to E-HSMQT, the modification of E-HSMQT shall be subject to provisions of point a of this clause.

c) If the deadline for submission of E-HSDKTHDAs needs to be extended on VNEPS, 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.

3. Submission, modification, substitution and withdrawal of E-HSDKTHDAs:

a)[61] Submission of E-HSDKTHDAs:

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A notice of E-HSDKTHDA submission status (successful or unsuccessful) shall be sent by VNEPS to the investor’s registered email address. Information recorded on VNEPS as the basis for resolving petitions and disputes (if any) includes: information about sender and recipient, time and status of sending, number of attached files on VNEPS when the investor submits its E-HSDKTHDA.

b) Clarification of E-HSDKTHDAs:

Investors shall have the burden of clarifying their E-HSDKTHDAs at the request of the EOI requester or shall, at their discretion, send clarifications and/or submit additional documents proving their legal status, capacity and experience in case they find that existing documents about their capacity and experience have yet to be submitted together with their E-HSDKTHDAs. Clarifications to E-HSDKTHDA shall be made on VNEPS.

c) Modification, substitution and withdrawal of E-HSDKTHDAs:

Investors may modify, substitute or withdraw their submitted E-HSDKTHDAs. Investors are not allowed to withdraw their submitted E-HSDKTHDAs after the deadline for submission of E-HSDKTHDAs.

4.[62] Bid opening:

E-HSDKTHDAs shall be opened and evaluated. The E-HSDKTHDA opening record shall be published on VNEPS within 02 hours after the bid closing time.

5. Evaluation of E-HSDKTHDAs:

After the deadline for submission of E-HSDKTHDAs expires, the EOI requester shall access VNEPS and carry out evaluation of E-HSDKTHDAs submitted by investors.

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7.[63] In case of online investor selection, the investor that wishes to petition against the investor selection result shall submit its petition on VNEPS according to the roadmap prescribed in Article 60 of this Decree. Before online investor selection procedures are applied, the investor shall submit its petition to the administrative section of the person in charge of settling the petition.

Article 62. Online investor selection process

1. Online invitation for bid, issuance of online bidding documents:

a) The online invitation for bid (hereinafter referred to as "E-TBMT”) is published on VNEPS as prescribed in clause 2 Article 8 of the Law on Bidding.

b) The online bidding documents (hereinafter referred to as “E-HSMT”) and E-TBMT are issued on VNEPS at the same time. The procuring entity shall provide free of charges all files of E-HSMT on VNEPS.

c) Modification or cancellation of E-TBMQT shall only be made before the deadline for submission of bids, except cases where no E-HSDT is submitted.

2. Modification and clarification of E-HSMT:

a) In case modifications are made to E-HSMT after it is issued, the procuring entity shall publish the modification decision, the addenda to E-HSMT and the modified E-HSMT on VNEPS.

b) Clarification of E-HSMT:

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The record of clarification of E-HSMT shall be published on VNEPS at least 02 working days before the deadline for submission of bids. Clarifications to E-HSMT must not be contrary to the contents of E-HSMT previously published on VNEPS.

Should the clarifications to E-HSMT result in changes to E-HSMT, the modification of E-HSMT shall be subject to provisions of point a of this clause.

c) If the deadline for submission of E-HSDTs needs to be extended on VNEPS, the procuring entity shall publish the notice of extension on VNEPS. Reasons for extension and the new deadline must be clearly indicated in the notice of extension.

3. Submission, modification, substitution and withdrawal of E-HSDTs:

a)[64] Submission of E-HSDTs:

Investors prepare and submit their E-HSDTs and furnish electronic bid security (if any) on VNEPS.

In case of a consortium, the lead member or the in-charge member as assigned under the consortium agreement shall submit E-HSDT which must be enclosed with the consortium agreement on VNEPS.

A notice of E-HSDT submission status (successful or unsuccessful) shall be sent by VNEPS to the investor’s registered email address. Information recorded on VNEPS as the basis for resolving petitions and disputes (if any) includes: information about sender and recipient, time and status of sending, number of attached files on VNEPS when the investor submits its E-HSDT.

b) Clarification of E-HSDTs:

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c) Modification, substitution and withdrawal of E-HSDTs:

Investors may modify, substitute or withdraw their submitted E-HSDTs. Investors are not allowed to withdraw their submitted E-HSDTs after the deadline for submission of bids.

4. Bid opening:

The procuring entity opens and decompresses E-HSDTs for evaluation. The E-HSDT opening record shall be published on VNEPS within 02 hours after the bid closing time.

5. Evaluation of E-HSDTs:

After the deadline for submission of E-HSDTs expires, the procuring entity shall access VNEPS and carry out evaluation of E-HSDTs submitted by investors.

6. Upon completion of E-HSDT evaluation, the investor selection result shall be approved and published on VNEPS within the time limit prescribed in clause 4 Article 8 of the Law on Bidding.

Article 63. National investor database

1. The national investor database on VNEPS consists of:

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b) Information on the investor’s capacity and experience;

c) Information on actions against violations of the bidding law committed by the investor;

d) Other information about the investor.

2. Investors are responsible for completing registration procedures on VNEPS as prescribed in point d clause 1 Article 5 of the Law on Bidding before the investor selection result is approved and shall frequently update and assume responsibility for the accuracy of the information prescribed in points a and b clause 1 of this Article. Procedures for registration and updating of information of investors on VNEPS shall comply with corresponding provisions of the Government’s Decree elaborating and providing measures for implementation of the Law on Bidding regarding contractor selection.

3. The information in point c clause 1 of this Article shall be published on VNEPS by the competent authority as prescribed in point a clause 2 and clause 4 Article 8 of the Law on Bidding.

Chapter X

IMPLEMENTATION

Article 64. Amendment to Clause 3 Article 5 of Government’s Decree No. 52/2020/ND-CP dated April 27, 2020 prescribing investment in construction and commercial operation of golf courses

“3. The form of selection of investor executing the golf course project shall be determined in accordance with regulations of law on investment, land law and relevant laws.”

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1. If preliminary capacity and experience requirements of a project whose investment guidelines have been approved by a competent authority or which is included in the list of approved projects (for a project whose investment guidelines do not require approval) are yet to be issued by the effective date of Law on Bidding No. 22/2023/QH15, the project shall be subject to the following transitional provisions:

a) If the project is subject to the invitation for EOI procedures as prescribed in this Decree, such invitation for EOI procedures shall be followed and EOI request shall be issued in accordance with provisions of the Law on Bidding No. 22/2023/QH15 and this Decree;

b) If the project is not subject to the invitation for EOI procedures as prescribed in this Decree,  procedures for bidding for investor selection shall be followed in accordance with provisions of the Law on Bidding No. 22/2023/QH15 and this Decree.

2. If the result of evaluation of applications for execution of the project for which the invitation for EOI has been issued on VNEPS is yet to be approved by the effective date of the Law on Bidding No. 22/2023/QH15, such applications for project execution shall continue to be evaluated according to the issued preliminary capacity and experience requirements, and relevant regulations of law in force at the time of approval of such preliminary capacity and experience requirements. After the results of preliminary assessment of capacity and experience are available, corresponding subsequent procedures in one of the following cases shall be followed:

a) Regarding a project in a field or sector in which there is no legislative document providing guidance on investor selector promulgated before the effective dates of the Law on Bidding No. 22/2023/QH15 and this Decree, the formulation, appraisal and approval of bidding documents and conduct of subsequent procedures shall comply with provisions of the Law on Bidding No. 22/2023/QH15 and this Decree;

b) Regarding a project in a field or sector in which there are legislative documents providing guidance on investor selector promulgated before the effective dates of the Law on Bidding No. 22/2023/QH15 and this Decree, if such legislative documents are yet to be amended or replaced by supervisory Ministries, competent authorities shall decide to continue formulation, appraisal and approval of bidding documents in accordance with either such legislative documents or provisions of Law on Bidding No. 22/2023/QH15 and this Decree.

3. If the approved results of preliminary assessment of capacity and experience are available but the bidding documents for the project are yet to be issued by the effective date of the Law on Bidding No. 22/2023/QH15, the corresponding transitional provisions shall apply:

a) Regarding a project in a field or sector in which there is no legislative document providing guidance on investor selector promulgated before the effective dates of the Law on Bidding No. 22/2023/QH15 and this Decree, the formulation, appraisal and approval of bidding documents and conduct of subsequent procedures shall comply with provisions of the Law on Bidding No. 22/2023/QH15 and this Decree;

b) Regarding a project in a field or sector in which there are legislative documents providing guidance on investor selector promulgated before the effective dates of the Law on Bidding No. 22/2023/QH15 and this Decree, if such legislative documents are yet to be amended or replaced by supervisory Ministries, competent authorities shall decide to continue formulation, appraisal and approval of bidding documents in accordance with either such legislative documents or provisions of Law on Bidding No. 22/2023/QH15 and this Decree.

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5. In case the decision on approval of investment guidelines (for a project whose investment guidelines require approval) or written approval of the list of projects (for a project whose investment guidelines do not require approval) or issued bidding documents or approval of the investor selection result of a project stipulates that the successful investor shall reimburse the costs associated with the investor selection as prescribed in the Law on Bidding No. 43/2013/QH13, such reimbursement shall be carried out according to the said document.

6. If the decision on approval of investment guidelines for a golf course project issued by a competent authority indicates that the investor selection must be carried out in accordance with regulations of law on bidding but the invitation for EOI is yet to be sent or preliminary capacity and experience requirements are yet to be issued by the effective date of the Law on Bidding No. 22/2023/QH15, procedures for investor selection shall be terminated as prescribed in Article 64 hereof. If the preliminary capacity and experience requirements or bidding documents have been issued before the effective date of this Decree, provisions of clauses 2, 3 or 4 of this Article shall apply.

7. Procedures for a project falling in neither of the cases prescribed in clause 1 through 6 of this Article which have been initiated within the period from January 01, 2024 to the effective date of this Decree and are considered conformable with provisions of the Law on Bidding No. 22/2023/QH15 and the specialized sector or industry law must not be re-followed in accordance with corresponding provisions hereof.

Article 66. Effect [65]

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

2. Point c clause 1 Article 1 and Article 16 of the Government’s Decree No. 25/2020/ND-CP dated February 28, 2020 elaborating and providing guidelines for implementation of some Articles of the Law on Bidding regarding investor selection, clause 7 Article 108 of the Government’s Decree No. 31/2021/ND-CP dated March 26, 2021 elaborating and providing guidelines for implementation of some Articles of the Law on Bidding cease to have effect from the effective date of this Decree.

3.[66] In case a legislative document which comes into force after the effective date of this Decree provides additional regulations or nullifies regulations on projects requiring bidding for investor selection and sector/industry management requirements corresponding to the criteria set out in Articles 46 and 47 of this Decree, the following shall apply:

a) Where a sector/industry legislative document stipulates additional projects requiring bidding for investor selection as prescribed in clause 4 Article 1 of this Decree, selection of investor in charge of executing the investment project shall comply with procedures and process prescribed in the Law on Bidding and this Decree; methods and criteria for evaluation of applications for project execution/bids and other contents (if any) shall comply with the specialized sector or industry law and ensure the achievement of competitiveness, fairness, transparency, economic efficiency and accountability objectives;

b) Where a sector/industry legislative document nullifies regulations on bidding for selection of investors in charge of executing the projects in clause 4 Article 1 of this Decree, provisions of such a legislative document shall prevail;

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Article 67. Responsibility for implementation

1. The Minister of Planning and Investment of Vietnam shall promulgate forms of documents used in online and offline investor selection.

2. Ministers shall:

a) review legislative documents containing provisions on bidding for selection of qualified investors to execute investment projects in the fields or sectors under their management, and make timely amendments, additions and/or replacement in order to ensure that such provisions are conformable with provisions of the Law on Bidding No. 22/2023/QH15 and this Decree;

b)[67] provide instructions for application of one or all of criteria for evaluation of investment efficiency in sector/industry/local development prescribed in clause 1 Article 47 of this Decree, and methods for determination of such criteria in conformity with specific conditions of the sectors/industries under their jurisdiction, where necessary.

2a.[68] Each year, Ministries, ministerial agencies, Governmental agencies, other central-government agencies, provincial People's Committees and other agencies/organizations subject to provisions of clause 3 Article 2 of the Law on Bidding No. 22/2023/QH15 shall submit reports on performance of bidding tasks for investor selection to the Ministry of Planning and Investment of Vietnam for preparation and submission of consolidated reports thereon to the Prime Minister.

3. Ministers, heads of ministerial agencies, heads of Governmental agencies, and Chairpersons of provincial People’s Committees shall, within the ambit of their functions and powers, assume responsibility for implementation of this Decree.

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MINISTER




Nguyen Chi Dung

[1] 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 is promulgated pursuant to:

The Law on Government Organization dated June 19, 2015;

The Law on Organization of Local Governments dated January 01, 2016;

The Law on Amendments to the Law on Government Organization and the Law on Local Government Organization dated November 22, 2019;

The Law on Bidding dated June 23, 2023;

The Land Law dated January 18, 2024;

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The Law on Investment dated June 17, 2020;

And at the request of the Minister of Planning and Investment of Vietnam;”

[2] This clause is amended according to point a clause 1 Article 66 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, coming into force from the day on which it is signed for promulgation.

[3] This clause is amended according to point b clause 1 Article 66 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, coming into force from the day on which it is signed for promulgation.

[4] This clause is amended according to clause 34 Article 66 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, coming into force from the day on which it is signed for promulgation.

[5] This clause is amended according to clause 2 Article 66 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, coming into force from the day on which it is signed for promulgation.

[6]  This point is amended according to point a clause 3 Article 66 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, coming into force from the day on which it is signed for promulgation.

[7] This clause is amended according to point b clause 3 Article 66 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, coming into force from the day on which it is signed for promulgation.

[8] This point is amended according to point a clause 4 Article 66 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, coming into force from the day on which it is signed for promulgation.

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[10] This clause is amended according to point c clause 4 Article 66 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, coming into force from the day on which it is signed for promulgation.

[11] This clause is amended according to point d clause 4 Article 66 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, coming into force from the day on which it is signed for promulgation.

[12] This clause is amended according to clause 5 Article 66 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, coming into force from the day on which it is signed for promulgation.

[13] This Article is amended according to clause 6 Article 66 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, coming into force from the day on which it is signed for promulgation.

[14] This Article is amended according to clause 7 Article 66 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, coming into force from the day on which it is signed for promulgation.

[15] This clause is amended according to clause 8 Article 66 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, coming into force from the day on which it is signed for promulgation.

[16] This Article is amended according to point a clause 10 Article 66 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, coming into force from the day on which it is signed for promulgation.

[17] This clause is amended according to point b clause 10 Article 66 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, coming into force from the day on which it is signed for promulgation.

[18] This clause is amended according to point c clause 10 Article 66 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, coming into force from the day on which it is signed for promulgation.

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[20] This clause is amended according to point a clause 11 Article 66 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, coming into force from the day on which it is signed for promulgation.

[21] This clause is amended according to point b clause 11 Article 66 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, coming into force from the day on which it is signed for promulgation.

[22] This point is amended according to clause 12 Article 66 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, coming into force from the day on which it is signed for promulgation.

[23] This point is amended according to point a clause 13 Article 66 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, coming into force from the day on which it is signed for promulgation.

[24] This point is amended according to point b clause 13 Article 66 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, coming into force from the day on which it is signed for promulgation.

[25] This point is added according to point c clause 13 Article 66 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, coming into force from the day on which it is signed for promulgation.

[26]  This point is added according to point d clause 13 Article 66 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, coming into force from the day on which it is signed for promulgation.

[27] This point is amended according to point a clause 14 Article 66 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, coming into force from the day on which it is signed for promulgation.

[28] This point is amended according to point b clause 14 Article 66 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, coming into force from the day on which it is signed for promulgation.

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[30] This point is amended according to clause 16 Article 66 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, coming into force from the day on which it is signed for promulgation.

[31] This clause is amended according to clause 17 Article 66 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, coming into force from the day on which it is signed for promulgation.

[32] This clause is amended according to clause 18 Article 66 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, coming into force from the day on which it is signed for promulgation.

[33] This clause is amended according to clause 19 Article 66 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, coming into force from the day on which it is signed for promulgation.

[34] This Article is amended according to clause 20 Article 66 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, coming into force from the day on which it is signed for promulgation.

[35] This Article is amended according to clause 21 Article 66 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, coming into force from the day on which it is signed for promulgation.

[36] This Article is amended according to clause 22 Article 66 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, coming into force from the day on which it is signed for promulgation.

[37] This Article is amended according to clause 23 Article 66 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, coming into force from the day on which it is signed for promulgation.

[38] This clause is amended according to point b clause 23 Article 66 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, coming into force from the day on which it is signed for promulgation.

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[40] This clause is added according to point d clause 23 Article 66 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, coming into force from the day on which it is signed for promulgation.

[41] This clause is abrogated according to clause 34 Article 66 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, coming into force from the day on which it is signed for promulgation.

[42] This clause is abrogated according to clause 34 Article 66 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, coming into force from the day on which it is signed for promulgation.

[43] This clause is abrogated according to clause 34 Article 66 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, coming into force from the day on which it is signed for promulgation.

[44] This clause is amended according to point a clause 24 Article 66 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, coming into force from the day on which it is signed for promulgation.

[45] This clause is added according to point b clause 24 Article 66 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, coming into force from the day on which it is signed for promulgation.

[46] This clause is added according to point c clause 24 Article 66 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, coming into force from the day on which it is signed for promulgation.

[47] This clause is added according to point d clause 24 Article 66 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, coming into force from the day on which it is signed for promulgation.

[48] This clause is added according to point dd clause 24 Article 66 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, coming into force from the day on which it is signed for promulgation.

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[50] This clause is added according to point g clause 24 Article 66 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, coming into force from the day on which it is signed for promulgation.

[51] This clause is added according to point h clause 24 Article 66 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, coming into force from the day on which it is signed for promulgation.

[52] This Article is amended according to clause 25 Article 66 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, coming into force from the day on which it is signed for promulgation.

[53] This clause is amended according to point a clause 26 Article 66 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, coming into force from the day on which it is signed for promulgation.

[54] This point is added according to point b clause 26 Article 66 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, coming into force from the day on which it is signed for promulgation.

[55] This point is added according to point c clause 26 Article 66 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, coming into force from the day on which it is signed for promulgation.

[56] This point is added according to point d clause 26 Article 66 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, coming into force from the day on which it is signed for promulgation.

[57] This point is added according to point dd clause 26 Article 66 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, coming into force from the day on which it is signed for promulgation.

[58] This point is added according to point e clause 26 Article 66 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, coming into force from the day on which it is signed for promulgation.

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[60] This Article is amended according to clause 27 Article 66 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, coming into force from the day on which it is signed for promulgation.

[61] This point is amended according to point a clause 28 Article 66 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, coming into force from the day on which it is signed for promulgation.

[62] This clause is amended according to point b clause 28 Article 66 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, coming into force from the day on which it is signed for promulgation.

[63] This clause is added according to point c clause 28 Article 66 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, coming into force from the day on which it is signed for promulgation.

[64] This point is amended according to clause 29 Article 66 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, coming into force from the day on which it is signed for promulgation.

[65] Clause 1 Article 73 and Article 66 of the Government’s Decree No. 115/2024/ND-CP providing amendments to some Articles of the Government’s Decree No. 23/2024/ND-CP dated February 27, 2024 elaborating and providing guidelines for implementation of the Law on Bidding regarding selection of investors for projects requiring bidding as prescribed by specialized sector or industry laws, coming into force from February 27, 2024, coming into force from the day on which it is signed for promulgation, stipulate as follows:

“Article 73. Effect

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

[66] This clause is amended according to clause 30 Article 66 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, coming into force from the day on which it is signed for promulgation.

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[68] This point is amended according to clause 32 Article 66 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, coming into force from the day on which it is signed for promulgation.