Circular No. 01/2023/TT-BGTVT guides on the establishment, approval, and publication of project lists; methods and standards for evaluating tender documents and proposal submissions in the bidding process to select investors for specialized transportation service construction projects on roadways.

CIRCULAR

Guidelines on the establishment, approval, and publication of project lists; methods and criteria for evaluating tender documents and proposal documents in the bidding process to select investors for specialized transportation service projects on roadways.and criteria for evaluating tender documents, proposal documents in the bidding process to select investors for specialized transportation service projects on roadways.

for specialized transportation service projects on roadways.

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On the basis of Decree No. 86/2012/NĐ-CP dated October 19, 2012, issued by the Government detailing and guiding implementation of certain provisions of the Metrology Law;

Pursuant to the Bidding Law dated October 26, 2013;

The Government issues this Decree on management and development of industrial clusters.

Pursuant to the Investment Law dated June 17, 2020;

Pursuant to Decree No. 25/2020/NĐ-CP dated February 28, 2020 of the Government detailing and guiding the implementation of certain provisions of the Law on Bidding regarding the selection of investors;

Pursuant to Decree No. 35/2021/NĐ-CP dated March 29, 2021 of the Government detailing and guiding the implementation of the Law on Investment under the Public-Private Partnership Model;

Pursuant to Decree No. 148/2020/NĐ-CP dated December 18, 2020 of the Government amending and supplementing certain Decrees detailing the implementation of the Land Law;

Pursuant to Decree No. 31/2021/NĐ-CP dated March 26, 2021 of the Government detailing and guiding the implementation of certain provisions of the Investment Law;

Pursuant to Decree No. 56/2022/NĐ-CP dated August 24, 2022 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

At the proposal of the Director of the Infrastructure Department and the Director of the Vietnam Highway Administration;

The Minister of Transport hereby issues this Circular guiding the establishment, approval, and publication of project lists; methods and criteria for evaluating tender documents, proposal documents in the bidding process to select investors for specialized transportation service projects on roadways managed by the Ministry of Transport, including:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular guides the establishment, approval, and publication of project lists; methods and criteria for evaluating tender documents, proposal documents in the bidding process to select investors for specialized transportation service projects on roadways at projects managed by the Ministry of Transport, including:

1. Rest stations;

2. Other auxiliary works on roads serving traffic and road safety corridors as stipulated in Clause 3, Article 3 of the Road Traffic Law.

Article 2. Applicability

This Circular applies to organizations and individuals participating in activities to select investors for specialized transportation service projects on roadways.

Article 3. Explanation of Terms

In this Circular, the following terms are understood as follows:

1. The road management agency is the Vietnam Highway Administration, the Vietnam Expressway Corporation.

2. The competent authority is the Ministry of Transport.

Article 4. Forms of selecting investors

1. Specialized transportation service projects on roadways shall apply the open international bidding form when meeting the provisions of Article 15 of the Bidding Law.

2. Specialized transportation service projects on roadways shall apply the open domestic bidding form in the following cases:

a) Projects belonging to industries or sectors that foreign investors have not yet been allowed to access the market according to investment laws;

b) Projects with two or more investors meeting the initial requirements of capacity and experience, among which there is no foreign investor participating in registration to implement the project or meeting the initial requirements of capacity and experience as stipulated in Point a, Clause 1, Article 10 of this Circular;

c) Projects requiring national defense and security guarantees decided by the Prime Minister based on the proposal of the competent authority and the consensus opinion of the Ministry of National Defense regarding national defense requirements or the consensus opinion of the Ministry of Public Security regarding security requirements.

Article 5. General Provisions in the Bidding Process to Select Investors

1. Competition assurance in bidding, information dissemination about bidding, information dissemination time, time during the investor selection process, costs in selecting investors to implement the project shall be carried out in accordance with the provisions of Decree No. 25/2020/NĐ-CP dated February 28, 2020 and Decree No. 35/2021/NĐ-CP dated March 29, 2021.

2. Information storage in bidding, the Expert Team shall operate in accordance with the provisions of Decree No. 25/2020/NĐ-CP dated February 28, 2020.

Chapter II

ESTABLISHMENT, APPROVAL AND PUBLICATION OF PROJECT LISTS

Article 6. Basis for Establishing Project Lists

The establishment of project lists for publication is based on the necessity to invest and construct and is consistent with one of the following decisions (if any):

1. Decision of the Prime Minister approving the road network planning.

2. Decision of the Prime Minister approving the road infrastructure planning.

3. Decision of the competent authority approving the project which includes necessary specialized road service works.

Article 7. Documents for submitting the project list

1. The Road Management Authority shall prepare the project list and submit it to the competent authority for examination and approval.

2. The documents for submitting the project list include:

a) A proposal requesting examination and approval of the project list;

b) The content of the project list including: project name; investment objectives; scale of investment; preliminary total cost of implementing the project (m1); capital mobilization plan; investment period and schedule; time for operating the project after completion of the investment work; information on current land use at the project location, anticipated land use needs; preliminary requirements regarding the investor's capacity and experience as stipulated in Appendix II issued together with this Circular;

c) Related documents (if any).

3. Within thirty days from the date of receiving complete and valid documents, the competent authority shall organize the examination and approval of the project list (including preliminary requirements regarding the investor's capacity and experience).

Article 8. Announcing the Project List

1. The Road Management Authority shall post the project list (including preliminary requirements regarding the investor's capacity and experience) on the National Bidding Network System and the Bidding Newspaper in accordance with points i and l of Clause 1, Article 8 of the Bidding Law to serve as the basis for determining the number of investors interested and submitting registration documents to implement the project.

2. The content of announcing the project list includes:

a) Project name; investment objectives and scale; preliminary total cost of implementing the project; summary of basic requirements of the project; investment period and schedule; time for operating the project after completion of the investment work; project location; land area; current land status; approved planning indicators;

b) Preliminary requirements regarding the investor's capacity and experience;

c) Deadline for investors to submit registration documents to implement the project;

d) Address, telephone number, fax number of the Road Management Authority;

đ) Other information (if necessary).

Article 9. Preparing and Submitting Registration Documents to Implement the Project

1. Investors are responsible for preparing and submitting registration documents to implement the project on the National Bidding Network System based on the published information as stipulated in Clause 2, Article 8 of this Circular. The investor's registration documents for implementing the project include: registration document; documents on legal status, capacity, and experience of the investor; other related documents (if any).

2. Upon expiration of the registration deadline, the Road Management Authority shall organize an initial assessment of the capacity and experience of investors who have submitted registration documents to implement the project on the National Bidding Network System.

Article 10. Initial Assessment of Investor Capacity and Experience

1. Based on the results of the initial assessment of investor capacity and experience, the Road Management Authority shall report to the competent authority to decide on organizing the selection of investors according to one of the following two cases:

a) In case there are two or more investors meeting the preliminary requirements for capacity and experience, the Road Management Authority shall issue a decision to apply the open bidding method as stipulated in Article 4 of this Circular and assign the Road Management Authority to implement as stipulated in Article 15 of this Circular;

b) In case only one investor meets the preliminary requirements for capacity and experience, based on the project implementation progress, investment attraction objectives, and other specific conditions of the project, the Road Management Authority shall consider extending the registration deadline for implementing the project. The extension and duration thereof shall be considered sufficient to allow potential investors to access information and submit registration documents to implement the project, thereby increasing competition, transparency, fairness, and efficiency. Investors who have already met the requirements do not need to resubmit registration documents. After the extension, if additional investors meet the preliminary requirements for capacity and experience, the provisions of point a, Clause 1 of this Article shall be implemented. If no additional investors meet the preliminary requirements for capacity and experience, the provisions of Article 11 of this Circular shall be implemented.

2. The Road Management Authority shall post the list of investors meeting the preliminary requirements for capacity and experience on the National Bidding Network System or announce the end of the project list announcement procedure in case no investors meet the preliminary requirements for capacity and experience.

Article 11. Approval of Investors

1. The Road Management Authority shall organize the establishment and approval of the investor approval request dossier in accordance with the model prescribed in Appendix III attached to this Circular, including the determination of compensation, support, and resettlement costs for the project (m2) and the minimum floor price for state budget submission (m3) as stipulated in Articles 16 and 17 of this Circular.

2. The investor approval request dossier shall be issued to investors who meet the preliminary requirements regarding capacity and experience. Investors prepare and submit the investor approval proposal dossier in accordance with the contents of the investor approval request dossier.

3. The Road Management Authority shall evaluate the investor approval proposal dossier according to the evaluation criteria specified in the investor approval request dossier. During the evaluation process, the Road Management Authority may invite investors to clarify or amend and supplement necessary information in the investor approval proposal dossier.

4. An investor shall be approved if they satisfy all the contents of the investor approval request dossier.

5. Based on the tender evaluation results of the Tender Inviter, the Road Management Authority shall approve the investor approval result in compliance with points b, c, d, and đ of Clause 1, Article 33 of the Investment Law.

Chapter III

PLAN FOR SELECTING INVESTORS

Article 12. Establishment of Plan for Selecting Investors

1. Basis for establishing the plan for selecting investors:

a) Decision approving the investment proposal (for projects subject to approval of the investment proposal under the laws on investment) or Decision approving the project list (for projects not subject to approval of the investment proposal under the laws on investment);

b) Decision approving the application of open tendering;

c) Related documents (if any).

2. On the basis of the grounds prescribed in Clause 1 of this Article, the Tender Inviter shall submit to the Road Management Authority for approval. The dossier for submitting the plan for selecting investors for approval includes:

a) Request for approval of the plan for selecting investors, summarizing the implementation process and the contents of the plan for selecting investors as prescribed in Article 13 of this Circular;

b) Progress tracking table of activities in selecting investors according to the model prescribed in Appendix I attached to this Circular;

c) Supporting documents, including copies serving as the basis for establishing the plan for selecting investors as prescribed in Clause 1 of this Article.

Article 13. Contents of the Plan for Selecting Investors

1. Project name.

2. Preliminary total cost of implementing the project, compensation, support, and resettlement costs, land use fees, land lease fees (if any), or land clearance and recovery costs paid by the State.

3. Form and method of selecting investors

a) The form of selecting investors is open tendering;

b) Clearly define the method of selecting investors as either one-stage single-envelope or two-stage double-envelope tendering as prescribed in Article 28 or Article 29 of the Bidding Law.

4. Time for organizing the selection of investors starts from the issuance of the tender invitation dossier or request dossier, clearly stated in months or quarters of the year.

5. Type of contract.

6. Contract execution period is the number of years or months from the effective date of the contract until the completion of obligations as stipulated in the contract by both parties.

Article 14. Examination and Approval of Investment Selection Plan

The Road Management Authority shall organize the examination and approval of the investment selection plan.

Chapter IV

OPEN BIDDING SELECTION OF INVESTORS

Section 1. DETAILED PROCEDURE

Article 15. Detailed Procedure

The detailed procedure for open bidding to select investors shall be carried out similarly to the procedure for open bidding to select investors implementing investment projects using land as stipulated in Article 46 of Decree No. 25/2020/NĐ-CP.

Section 2. PREPARATION FOR SELECTING INVESTORS

Article 16. Preliminary Determination of Compensation, Support, Resettlement, and Land Recovery Costs (m2)

Clause 1. The Road Management Authority shall cooperate with the People's Committee at the competent level to preliminarily determine compensation, support, resettlement costs (m2) for projects that have not yet completed land clearance according to the laws on land.

In cases where the land has been fully recovered by the State before inviting bids to select investors, the value (m2) shall be determined based on the amount paid by the State for land clearance. The winning investor shall be responsible for refunding this cost to the State as agreed upon in the contract.

Clause 2. The preliminary compensation, support, and resettlement costs for the area requiring land clearance (m2) shall be determined based on the provisions of point i, clause 2, Article 47 of Decree No. 25/2020/NĐ-CP dated February 28, 2020.

Article 17. Establishment of Minimum Value for Submission to the State Budget (m3)

Clause 1. The Road Management Authority shall be responsible for formulating a plan to establish the value (m3) based on information provided by the People's Committees of localities according to the guidelines set forth in clause 3, Section 1, Appendix VIII of Circular No. 09/2021/TT-BKHĐT dated November 16, 2021, issued by the Ministry of Planning and Investment guiding the selection of investors for public-private partnership investment projects and investment projects using land (hereinafter referred to as Circular No. 09/2021/TT-BKHĐT).

Clause 2. The minimum value for submission to the State budget (m3) shall be determined according to the following formula:

m3 = n x (m : 49)

Where:

n: the project operation period specified in point b, clause 2, Article 7 of this Circular.

m: the minimum value for submission to the State budget for projects with a 49-year land lease term, calculated according to the formula prescribed in point k, clause 2, Article 47 of Decree No. 25/2020/NĐ-CP and Appendix VIII attached to Circular No. 09/2021/TT-BKHĐT.

In cases where it is not possible to identify reference land areas or land funds according to the provisions of Section 3, Appendix VIII attached to Circular No. 09/2021/TT-BKHĐT, or when the administrative unit at the provincial level where the project is located does not have land areas or land funds meeting similar conditions regarding location, the Road Management Authority shall base its decision on Section 5, Appendix VIII of Circular No. 09/2021/TT-BKHĐT to consider and decide on the method for selecting reference land areas or land funds and the appropriate coefficient k. For such cases, the proposal for approving the tender documents must provide detailed explanations about the method for determining reference land areas or land funds and their similarity, corresponding input parameters for the selected method, and the reasons proposed for the competent authority to consider and decide, ensuring compliance with the provisions of Decree No. 25/2020/NĐ-CP.

The determination of (m3) must be based on the provisions of the Land Law and related documents to determine the type of land corresponding to the service works being tendered.

The value (m3) determined is relative and serves as a basis for investors to propose submission to the State budget and is independent from the land lease fees that investors must pay according to the laws on land.

Clause 3. If the Road Management Authority lacks sufficient grounds to determine the value (m3), it shall consider and decide on the selection of consulting units with adequate capacity, experience, and expertise to determine the value (m3).

Article 18. Preparation of tender documents

1. Basis for preparing tender documents

a) Decision approving the investment proposal (for projects subject to approval of the investment proposal under the laws on investment) or Decision approving the project list (for projects not subject to approval of the investment proposal under the laws on investment);

b) Decision approving the investment selection plan;

c) Current regulations of laws on highways, land, investment, construction, and related laws.

2. The tenderer shall organize the preparation of tender documents to be reviewed and approved by the Highway Management Authority. In cases where consultants are selected to prepare the tender documents, competition in the bidding process must be ensured in accordance with the provisions of Clause 2 and Clause 3, Article 2 of Decree No. 25/2020/NĐ-CP dated February 28, 2020 (amended and supplemented by Clause 1, Article 89 of Decree No. 35/2021/NĐ-CP dated March 29, 2021).

3. Tender documents shall be prepared according to the model prescribed in Appendix IV issued together with this Circular. Tender documents shall not include any conditions that limit the participation of investors or create advantages for one or some investors, leading to unfair competition and violations of bidding principles.

Article 19. Criteria and methods for evaluating tender documents

The evaluation of tender documents shall be reflected through the evaluation criteria in the tender documents, including:

1. Based on the preliminary requirements regarding capacity and experience approved in accordance with Appendix II issued together with this Circular, the criteria and methods for evaluating capacity and experience shall be updated or supplemented (if necessary). In the case of a consortium, the capacity and experience of the investor shall be determined by the total capacity and experience of the consortium members; the lead investor of the consortium must have a minimum ownership stake of 30%, while each member of the consortium must have a minimum ownership stake of 15% in the consortium.

2. Criteria and methods for evaluating technical aspects:

a) Technical evaluation criteria: the investor's proposal on the plan and method for implementing the project; the investor's proposal on the operation, management, and provision of specialized road services.

The investor's proposal on the plan and method for implementing the project includes the following contents: proof of understanding of the current situation; forecast of production growth; project objectives according to the approved master plan (if applicable); project scale, design options; technical and technological options of the project (if applicable); implementation schedule and progress of the project, construction time; environmental impact mitigation measures; for projects that have not yet completed land clearance, the investor must have a coordination plan with the Highway Management Authority to work with the competent People's Committee to complete land clearance work and complete all procedures related to land according to the law; infrastructure connection plans for transportation and technical facilities (drainage, environment) within the project boundaries ensuring clarity and compliance with the tender documents and relevant traffic laws using the investor's funds; fire prevention and firefighting plans; traffic security; solutions, measures, equipment for fire and explosion prevention; organization of the fire and explosion prevention system according to regulations; operational time of the project after completion of the investment work.

The investor's proposal on the operation, management, and service provision plan for specialized road services includes the following contents: assurance of meeting business conditions (if applicable), operating specialized road services in accordance with the law on roads; the investor's plan for organizing operation, management, and service provision for specialized services must meet the project's goals, strategies, planning, and development plans for the road system and regional infrastructure; coordination plan with the Highway Management Authority during the provision of specialized road services by the investor, ensuring traffic safety; monitoring plan to ensure stable and continuous service provision at the required quality.

b) Method for evaluating technical aspects:

Using a scoring method on a 100-point scale to establish technical evaluation criteria, including defining the minimum and maximum scores for each general and detailed criterion. When establishing technical evaluation criteria, the minimum score required to meet the requirements must be specified but should not be lower than 70% of the total technical points and the points for each content requirement regarding the plan and method for implementing the project; the organization, management, and service provision plan for specialized services should not be lower than 60% of the maximum points for that content depending on the scale and nature of each specific project.

The structure of the point weight corresponding to the contents stipulated in Point a of this Clause must be appropriate for each specific project but must ensure a total point weight of 100%.

3. Criteria and methods for evaluating financial aspects:

a) Financial evaluation criteria include: criteria for the total cost of implementing the project (M1); criteria for compensation, support, and resettlement value (M2); criteria for investment efficiency (M3). Among them:

M1 is the total cost of implementing the project proposed by the investor in the tender document based on content (m1) determined in the tender document;

M2 is the compensation, support, and resettlement value for projects that have not yet completed land clearance proposed by the investor in the tender document based on content (m2) determined in the tender document. In cases where the land has been fully reclaimed by the State before inviting bids to select investors, the value (M2) = (m2) is the value that the winning investor is responsible for returning to the State according to the value the State paid to reclaim and clear the land.

If the compensation, support, and resettlement value according to the approved compensation, support, and resettlement plan by the competent People's Committee is lower than the value (M2), the difference will be deposited into the state budget; if higher than the value (M2), the investor must make up the shortfall, and the value of the shortfall will be included in the project's investment capital.

The investor shall be entitled to have the competent People's Committee deduct the difference in the value of compensation, support, and resettlement according to the approved plan from the investor's obligations to the State budget as stipulated in the tender invitation and in accordance with the law.

M3 is the value of the monetary payment to the state budget proposed by the investor in the bidding dossier during the project operation period in accordance with the schedule and payment method specified in the tender invitation, in addition to other obligations that the investor is responsible for paying into the state budget under the current laws on land and other relevant regulations.

b) Financial evaluation method:

Utilize the social benefit and state benefit methods to conduct financial evaluations. For bidding dossiers assessed as meeting technical requirements, comparisons and rankings will be based on investment efficiency proposals. Investment efficiency is evaluated through the criterion of the monetary payment to the state budget proposed by the investor, in addition to other obligations of the investor to the state budget under current laws (M3).

The investor must propose a total actual project implementation cost (M1) not lower than (m1) (M1 ≥ m1); the value of compensation, support, and resettlement (M2) not lower than (m2) (M2 ≥ m2) for projects without land clearance. In cases where the land has been fully reclaimed by the State before inviting bids to select investors, the value (M2) = (m2) is the amount the winning investor is responsible for returning to the State according to the value the State has paid for land clearance; the value of monetary payments to the state budget outside other obligations of the investor to the state budget under current laws (M3) must not be lower than the floor value m3 (M3 ≥ m3); the investor with the highest value (M3) will be ranked first and considered for awarding the bid according to the relevant provisions of this Circular. In cases where multiple investors have the same value (M3), the investor with the highest technical score meeting the requirements will be considered for selection.

Section 3. ORGANIZING THE SELECTION OF INVESTORS

Article 20. Conditions for Issuing Tender Invitations

Tender invitations may only be issued to select investors if they meet all conditions prescribed in Clause 2, Article 7 of the Bidding Law.

Article 21. Inviting Bids, Issuing, Amending, and Clarifying Tender Invitations; Extending the Deadline for Submitting Bidding Dossiers

The procedures for inviting bids, issuing, amending, and clarifying tender invitations; extending the deadline for submitting bidding dossiers shall be carried out in accordance with Article 51 of Decree No. 25/2020/NĐ-CP (amended and supplemented by Clause 11, Article 89 of Decree No. 35/2021/NĐ-CP).

Article 22. Preparing, Submitting, Receiving, Managing, Amending, Replacing, and Withdrawing Bidding Dossiers

The procedures for preparing, submitting, receiving, managing, amending, replacing, and withdrawing bidding dossiers shall be carried out in accordance with Article 51 of Decree No. 25/2020/NĐ-CP (amended and supplemented by Clause 11, Article 89 of Decree No. 35/2021/NĐ-CP).

Article 23. Opening Technical Proposal Documents

The principles for evaluating bidding dossiers shall be implemented in accordance with Article 51 of Decree No. 25/2020/NĐ-CP (amended and supplemented by Clause 11, Article 89 of Decree No. 35/2021/NĐ-CP).

Article 24. Principles for Evaluating Bidding Dossiers

The principles for evaluating bidding dossiers shall be implemented in accordance with Article 51 of Decree No. 25/2020/NĐ-CP (amended and supplemented by Clause 11, Article 89 of Decree No. 35/2021/NĐ-CP).

Article 25. Principles for Clarifying Bidding Documents

The principles for clarifying bidding documents shall be implemented in accordance with Article 51 of Decree No. 25/2020/NĐ-CP (amended and supplemented by Clause 11, Article 89 of Decree No. 35/2021/NĐ-CP).

Section 4. EVALUATION OF TECHNICAL PROPOSALS

Article 26. Evaluation of Technical Proposals

The evaluation of technical proposals shall be carried out in accordance with Article 52 of Decree No. 25/2020/NĐ-CP (amended and supplemented by Clause 12, Article 89 of Decree No. 35/2021/NĐ-CP).

Article 27. Review and Approval of the List of Investors Meeting Technical Requirements

The review and approval of the list of investors meeting technical requirements shall be carried out in accordance with Article 53 of Decree No. 25/2020/NĐ-CP (amended and supplemented by Clause 13, Article 89 of Decree No. 35/2021/NĐ-CP).

Section 5. OPENING AND EVALUATING FINANCIAL PROPOSALS

Article 28. Opening Financial Proposals

1. The financial proposal of investors whose names appear on the list of investors meeting technical requirements shall be opened publicly at the time and place specified in the announcement of the list of investors meeting technical requirements. The minutes of the opening must be sent to all participating investors.

2. Representatives of the Inviting Party must sign to confirm on the original bid form, power of attorney of the legal representative of the investor (if any); joint venture agreement (if any); bid guarantee; important contents of each financial proposal.

Article 29. Evaluation of Financial Proposals

1. Checking the validity of the financial proposal, including:

a) Checking the number of original copies and photocopies of the financial proposal;

b) Checking the components of the financial proposal, including: Bid form within the financial proposal; other components within the financial proposal;

c) Checking the consistency between the original and photocopies to serve the detailed evaluation process of the financial proposal.

2. Evaluating the validity of the financial proposal:

An investor's financial proposal is considered valid when it meets the following contents fully:

a) There is an original copy of the financial proposal;

b) There is a valid bid form for the financial proposal;

c) The value stated in the bid form must be specific, fixed in figures and words, and must be consistent, logical, without proposing different values for the same content or accompanied by conditions detrimental to the Competent Authority and the Inviting Party (including: total project implementation costs proposed by the investor (M1); compensation, support, resettlement values proposed by the investor (M2) for the project; proposed government revenue payment amount in cash, in addition to the investor's obligations to the state budget under current laws (M3); proposed increase in government revenue payment amount in cash beyond the investor's obligations to the state budget under current laws, if any);

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

3. Investors with valid financial proposals will be evaluated in detail regarding finance. The detailed evaluation of financial proposals and ranking of investors shall be conducted according to the evaluation methods and criteria stipulated in the bidding invitation.

4. After evaluating the bidding documents, the expert team prepares a report for the Inviting Party to review and approve. The report must clearly state the following contents:

a) Ranking list of investors;

b) List of investors not meeting requirements and excluded; reasons for excluding investors;

c) Comments on competitiveness, fairness, transparency, and economic efficiency during the organization of selecting investors. In cases where competitiveness, fairness, transparency, and economic efficiency are not guaranteed, the reasons must be clearly stated and measures to address them proposed.

5. If necessary, the Inviting Party reports to the Road Management Agency to allow the first-ranked investor to enter into preliminary contract negotiations to facilitate subsequent contract negotiation and completion after the investor selection results are announced.

Article 30. Principles for Reviewing Bid Success

The investor proposed for selection must meet all of the following conditions:

1. Possess a valid bid proposal.

2. Have the capacity and experience to meet the requirements.

3. Provide technical proposals that meet the requirements.

4. The bid success value including the components must meet the following requirements:

a) Propose total project implementation costs (M1) not lower than (m1) approved in the tender invitation document;

b) Propose compensation, support, and resettlement values for the project (M2) not lower than (m2) determined in the tender invitation document;

c) Propose state budget contribution value in cash outside the investor's obligations to the state budget according to current laws (M3) not lower than the floor price (m3) and highest;

d) In cases where multiple investors have the same (M3) value, consider selecting the investor with the highest technical score;

đ) Investors with technical scores meeting the requirements and having (M3) not less than (m3) will be ranked in the negotiation list from lowest to highest as stipulated in Article 32 of this Circular.

Section 6. SUBMISSION, REVIEW, APPROVAL AND PUBLIC ANNOUNCEMENT OF THE SELECTION RESULTS; NEGOTIATION, COMPLETION AND SIGNING OF CONTRACTS

Article 31. Submission, Review, Approval and Public Announcement of the Selection Results

1. The submission, review, and approval of the selection results shall be carried out as follows:

a) Based on the report on the evaluation of bid proposals, the Tender Inviter submits the selection results, clearly stating the Tender Inviter's opinions on the evaluation contents of the expert team;

b) The selection results must be reviewed according to the provisions of Article 36 of this Circular before approval;

c) The selection results must be approved in writing based on the application for approval and the report on the review of the selection results.

2. In cases where a successful bidder is selected, the approval document for the selection results shall include the following contents:

a) Project name; project objectives, investment scale;

b) Name of the successful bidder;

c) Project implementation schedule;

d) Project location, area, land lease period;

đ) Project exploitation time after completion of the investment work;

e) Total project implementation costs (excluding compensation, support, resettlement costs, and land rental fees);

g) Total amount proposed to be submitted to the state budget by the investor according to the schedule and method required in the tender invitation document;

h) Other contents (if any).

3. In cases where bidding is canceled according to Clause 1, Article 17 of the Bidding Law, the approval document for the selection results or the decision to cancel the bidding must clearly state the reasons for cancellation and the responsibilities of the relevant parties when the bidding is canceled.

4. After obtaining the approval document for the selection results, the Tender Inviter must publish information about the selection results according to the provisions of Clause 2, 3, Article 5 of this Circular; send the notification of the selection results to participating investors within the time limit specified in Clause 3, Article 4 of this Circular. The content of the notification of the selection results includes:

a) Information as stipulated in Clause 2 of this Article;

b) List of investors not selected and a summary of the reasons for non-selection of each investor;

c) Negotiation plan, completion, and signing of contracts with the selected investor.

5. After the decision to approve the selection results, the investor decides to establish a project company to implement the project (hereinafter referred to as the project company) or directly implement the project. The organization, operation, and dissolution of the project company shall be carried out in accordance with the laws on enterprises, investment laws, and the project contract.

Article 32. Negotiation and Completion of the Contract

1. Based on the results of selecting investors, the Tenderer shall invite the first-ranked investor to negotiate and complete the contract. In case the invited investor does not attend or refuses to negotiate and complete the contract, the investor will not be entitled to reclaim the tender guarantee.

2. The negotiation and completion of the contract must be based on the following grounds:

a) Report on evaluating the tender documents;

b) Tender documents and clarifications, amendments to the tender documents (if any) of the investor;

c) Tender invitation documents.

3. Principles for negotiation and completion of the contract

a) Negotiation and completion of the contract shall not be conducted for contents that the investor has bid in accordance with the requirements of the tender invitation documents;

b) The negotiation and completion of the contract shall not alter the basic contents of the tender documents.

4. Contents of negotiation and completion of the contract

a) Negotiate and complete details that are insufficiently detailed, unclear, or unsuitable between the tender invitation documents and the tender documents, and among different contents within the tender documents which may lead to disputes or affect the responsibilities of the parties during the implementation of the contract;

b) Negotiate about issues arising during the selection process of the investor (if any) with the aim of completing the detailed contents of the project;

c) Negotiate about the handover schedule of the construction site; the schedule for the investor to transfer compensation, support, and resettlement values for projects without land clearance and the value to be paid to the state budget in cash;

d) Negotiate about the plan to implement compliance with business conditions (if any) and service exploitation according to laws on specialized road transport;

đ) Negotiate about the responsibilities of the parties during the implementation of the project contract and business operations, and service exploitation on road routes and expressways;

e) Negotiate about other necessary contents.

5. During the negotiation and completion of the contract, the parties involved shall finalize the draft contract. The investor shall not change, withdraw, or refuse to implement the basic contents proposed in the tender documents that have been evaluated by the Tenderer as meeting the requirements of the tender invitation documents, except where changes proposed by the investor bring higher benefits to the project.

6. If negotiations and completion of the contract with all investors fail, the Tenderer shall report to the competent authority for consideration and decision to cancel the selection result and invite the next-ranked investor to negotiate and complete the contract. If negotiations and completion of the contract with subsequent investors also fail, the Tenderer shall report to the competent authority for consideration and decision to cancel the tender in accordance with Clause 1 of Article 17 of the Bidding Law.

Article 33. Signing the Contract and Publicizing Project Contract Information

1. Principles for signing the contract:

a) The contract value complies with the provisions of Clause 4 of Article 30 of this Circular;

b) Project implementation costs; compensation, support, and resettlement costs for projects proposed by the winning investor in the tender documents are recorded in the contract;

c) Land rental fees payable determined according to land laws plus the state budget payment proposed by the winning investor recognized as market value at the time of land lease in the contract; if there are changes in planning policies, laws affecting these costs, they shall be implemented in accordance with investment, construction, land, planning, housing, real estate business, and other related laws.

2. The signing of the contract shall be carried out in accordance with Articles 69, 70, 71, and 72 of the Bidding Law.

3. Within seven working days from the date of signing the project contract, the Tenderer shall be responsible for publicizing the project contract information on the National E-Bidding System. The preliminary information to be publicized includes:

a) Project name; contract number; contract signing date;

b) Name and address of the Party;

c) Name and address of the investor;

d) Project objectives and scale;

đ) Project implementation schedule;

e) Project implementation location, area, and land rental period;

g) Total project implementation costs (excluding compensation, support, resettlement costs, and land rental fees);

h) Project operation period after completion of investment work;

i) Other contents (if any).

Article 34. Implementation of the project

After the contract is signed, the winning investor or the project enterprise shall be responsible for:

1. Working with the local land management agency to complete procedures related to land recovery, compensation plans, support, and resettlement according to the laws on land for projects that have not yet been cleared, or paying the value (M2) for projects that have been cleared by the State according to the contract.

2. Paying the value of compensation, support, and resettlement (M2) for the project and the value paid to the state budget in cash (M3) proposed in the bidding dossier according to the schedule and method agreed upon in the contract and as stipulated in Part 2 of Appendix IV issued together with this Circular;

3. Cooperating with the Road Management Agency to complete procedures related to land recovery, land allocation, and other necessary procedures according to the Law on Land.

4. Implementing the project according to the provisions of the contract, laws on roads, investment, construction, land, planning, and other relevant laws.

Chapter V

CONTENT OF REVIEW AND REVIEW LEVELS, APPROVAL IN THE SELECTION OF INVESTORS

Article 35. Review of tender documents

The dossier and content of the review of tender documents shall be carried out similarly to the review of tender documents for selecting investors as prescribed in Clause 2, Article 75 of Decree No. 25/2020/NĐ-CP dated February 28, 2020.

Article 36. Review of the list of investors meeting technical requirements and the results of investor selection

The dossier and content of the review of the list of investors meeting technical requirements and the results of investor selection shall be carried out similarly to the review of the list of investors meeting technical requirements and the results of investor selection for selecting investors as prescribed in Clauses 3 and 4, Article 76 of Decree No. 25/2020/NĐ-CP dated February 28, 2020.

Article 37. Responsibilities of the Road Management Agency

1. Organizing management and preparing the project dossier in accordance with regulations.

2. Performing the tasks of the competent authority as prescribed in Clauses 1 and 3 of this Article; Clause 1, Article 10; Clause 5, Article 11; Clause 2, Article 12; Article 14; Clause 2, Article 17; Clause 2, Article 18; Clause 5, Article 29 of this Circular, and performing the tasks of the competent authority in signing contracts, managing operation, and exploitation with the winning investor during the contract period.

3. Approving the tender dossier, the list of investors meeting technical requirements, and the ranking list of investors.

4. Organizing the selection of a unit with the required capacity to act as the Tenderer or perform some tasks of the Tenderer.

5. Cooperating with the People's Committee at the competent level to preliminarily determine the costs of compensation, support, and resettlement (m2) for projects that have not yet been cleared according to the laws on land, or working with the agency that has paid the costs to determine the value (m2) in cases where the project has been completely cleared according to the provisions of Article 16 of this Circular.

6. Preparing the plan to determine the minimum price to be paid to the state budget (m3) in the tender dossier of the project according to the provisions of Article 17 of this Circular.

7. Cooperating with the local land management agency to have this agency take the lead in presenting the People's Committee at the competent level to complete procedures related to land recovery, land allocation, land leasing, and other necessary procedures according to the laws on land.

Chapter VI

HANDLING SITUATIONS AND RESOLVING COMPLAINTS IN THE SELECTION OF INVESTORS

Article 38. Handling situations in investor selection and addressing complaints during investor selection

Implement in accordance with the provisions of Articles 80, 81, 82, and 83 of Decree No. 25/2020/NĐ-CP (amended and supplemented by Clause 25, Clause 26 of Article 89 of Decree No. 35/2021/NĐ-CP).

Article 39. Investor selection through the national bidding network system

The selection of investors on the national bidding network system shall be carried out in accordance with the guidelines of the Ministry of Planning and Investment.

Chapter VII

IMPLEMENTING PROVISIONS

Article 40. Effective Date

1. This Circular takes effect from May 1, 2023.

2. In cases where the legal normative documents cited in this Circular are amended, supplemented, or replaced, they shall be implemented in accordance with the provisions of the amended, supplemented, or replacing legal normative documents.

Article 41. Implementation Organization

1. For specialized transport service works under the jurisdiction of the People's Committees of provinces and centrally-administered cities, they may refer to the provisions of this Circular for implementation but must comply with the laws on bidding, specialized laws, laws on socialization, ensuring competitive, fair, transparent, and economically efficient objectives.

2. The Director of the Ministry's Office, the Inspector General of the Ministry, the Heads of Departments, the Directors of the Investment and Construction Management Department, the Director of the Vietnam Highway Administration, the Director of the Vietnam Expressway Administration, and the Heads of agencies, organizations, and individuals related to this matter are responsible for implementing this Circular./.