Circular No. 01/2014/TT-BGTVT detailing the model tender request documents and tender invitation documents for leasing and operating port infrastructure and wharves funded by state capital.

CIRCULAR

Detailed regulations on the model tender request documents and tender invitation documents for leasing and operating port infrastructure and wharves funded by state capital

Pursuant to the Law on Bidding dated November 29, 2005;

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Pursuant to the Maritime Code of Vietnam dated June 14, 2005;

Pursuant to the Law Amending and Supplementing Certain Provisions of Laws Related to Investment in Construction Projects dated June 19, 2009;

Pursuant to the Construction Law dated November 26, 2003;

Pursuant to Decree No. 85/2009/NĐ-CP dated October 15, 2009 of the Government guiding the implementation of the Law on Bidding and the selection of contractors under the Construction Law;

Pursuant to Decree No. 68/2012/NĐ-CP dated September 12, 2012 amending and supplementing certain provisions of Decree No. 85/2009/NĐ-CP dated October 15, 2009 of the Government guiding the implementation of the Law on Bidding and the selection of construction contractors under the Construction Law;

The Minister of Transport hereby issues this Circular detailing the model tender request documents and tender invitation documents for leasing and operating port infrastructure and wharves funded by state capital,

Pursuant to Decree No. 107/2012/NĐ-CP dated December 20, 2012 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

Based on Decree No. 21/2012/NĐ-CP dated March 21, 2012 of the Government on management of seaports and maritime channels;

At the request of the Director of the Department of Transport Infrastructure and the Director of the Vietnam Maritime Administration;

Article 1. This Circular details the model tender request documents and tender invitation documents for leasing and operating port infrastructure and wharves funded by state capital.

Article 1. Scope of Regulation and Applicability

Article 2. This Circular applies to agencies, organizations, and individuals involved in bidding for leasing and operating port infrastructure and wharves funded by state capital.

Models of documents used in bidding for leasing and operating port infrastructure and wharves funded by state capital

Article 2. b) Part Two - Conditions and model lease contracts for operating port infrastructure and wharves as stipulated in Appendix III of this Circular.

Clause 1. The model request for proposal specified in Appendix I of this Circular includes:

Point a) Part One - Instructions for bidders;

Regulations on the application of models of documents in bidding for leasing and operating port infrastructure and wharves funded by state capital

Clause 2. The model tender invitation specified in Appendix II of this Circular includes:

Point a) Part One - Instructions for bidders;

Regulations on the application of models of documents in bidding for leasing and operating port infrastructure and wharves funded by state capital

Article 3. Article 1. Application of models of documents in selecting contractors for leasing and operating port infrastructure and wharves funded by state capital shall be as follows:

a) Model tender request documents shall be applied in cases of direct award;

b) Model tender invitation documents shall be applied in cases of open bidding and selective bidding;

Article 3. When applying the accompanying documents issued by this Circular, agencies, organizations, and individuals shall base their specific requirements on the scale and nature of the tender package, in accordance with current regulations and ensuring feasibility.

Point c) The model lease contract shall apply to all cases of direct award, open tender, and selective tender.

Clause 2. The accompanying documents issued with this Circular serve as guidance and illustrative purposes and will be concretized based on the scale and nature of the tender package.

Article 1. This Circular takes effect from March 15, 2014.

Article 4. Effective date

Article 2. For tender documents for leasing and operating port infrastructure and wharves funded by state capital that were implemented before the effective date of this Circular, they shall be carried out according to the laws on bidding, construction, and related laws.

Article 3. Leasing and operating port infrastructure and wharves funded by other sources shall be decided by the investor to apply the provisions of this Circular and relevant laws.

Article 1. The Vietnam Maritime Administration is responsible for monitoring and compiling the implementation situation of this Circular and promptly reporting to the Ministry of Transport any difficulties arising during implementation for timely consideration and resolution.

State-owned enterprises that have been assigned by the Ministry of Agriculture and Rural Development to conduct offshore wind power project surveys before the effective date of this Circular shall continue to implement according to the assigned documents; any new matters arising after the effective date of this Circular shall be implemented in accordance with the provisions of this Circular.

Article 2. The Director of the Ministry's Office, the Inspector General of the Ministry, the Heads of the Departments under the Ministry, the Directors of the Vietnam Maritime Administration, the Directors of the Department of Construction Management and Quality Control of Transportation Works, the Directors of Provincial and Municipal Departments of Transport under the Central Government, and related agencies, organizations, and individuals are responsible for implementing this Circular.

The Director of the Ministry's Office, the Inspector General of the Ministry, the Heads of the Departments under the Ministry, the Directors of the Vietnam Maritime Administration, the Director of the Department of Construction Management and Traffic Project Quality, the Directors of Provincial and Central City Departments of Transport, and related agencies, organizations, and individuals are responsible for implementing this Circular.