Circular No. 03/2009/TT-BKH guiding the selection of investors to implement land-using projects

✦ Smart summary

Circular No. 03/2009/TT-BKH guides the selection of investors to implement land-using projects, applicable to organizations, enterprises, and domestic and foreign investors. It stipulates conditions, procedures, and processes for selecting investors, evaluating tender documents, negotiating contracts, and handling violations.

Scope of application

State-owned organizations, private enterprises, organizations, and individuals, both domestic and foreign, have land-using projects.

Key points

State-owned organizations, private enterprises, organizations, and individuals, both domestic and foreign, participate in the selection of investors to implement land-using projects.
Selecting investors through public bidding or direct assignment with specific conditions regarding capacity, experience, finance, and technical proposals.
Tender invitation documents must be published in the Bidding Newspaper and other mass media for a minimum period of 30 days.
Ensure a bid guarantee of 1-3% of the total investment amount, refundable after the investor selection process concludes.
Evaluate tender documents and propose technical and financial criteria according to specific standards.
Review and approve the results of the investor selection before publicly announcing them.
Negotiate contracts with selected investors within a maximum period of 15 days.

🌐 Social impact of this document

Create opportunities for multiple investors to participate, increasing competition and the efficiency of land use.
Reduce legal risks through transparent and open procedures.
May impose a burden on the cost of organizing the investor selection process for the tenderers.

❓ Frequently asked questions

What criteria are used to select investors?

Investors are evaluated based on their capacity, experience, finance, and technical proposals. The total investment amount must not be lower than the floor price, and the most efficient investment will be selected.

What is the registration period for participation?

A minimum of 30 days from the date of public announcement in the Bidding Newspaper.

What is the value of the bid guarantee?

The bid guarantee value is 1-3% of the total investment amount, depending on the scale of the project.

How are investors evaluated in terms of technical and financial aspects?

Technical evaluation is conducted according to specific standards, while financial evaluation is based on the total investment amount and budget support. Investors must ensure that the total investment amount does not fall below the floor price.

What is the negotiation period for contracts?

Contract negotiations must be completed within a maximum period of 15 days, starting from the conclusion of the tender document evaluation and proposal stage.

Full text

CIRCULAR

Guidelines for selecting investors to implement projects using land

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Pursuant to Article 54 of the Investment Law No. 59/2005/QH11 dated November 29, 2005 of the National Assembly;

Pursuant to Decree No. 116/2008/NĐ-CP dated November 14, 2008 of the Government stipulating the functions, tasks, and powers of the Ministry of Planning and Investment;

Implementing the task assigned by the Government under Clause 3, Article 34 of Decree No. 58/2008/NĐ-CP dated May 5, 2008 of the Government guiding the implementation of the Bidding Law and the selection of construction contractors under the Construction Law;

The Ministry of Planning and Investment provides guidelines for selecting investors to implement projects using land as follows:

Part One.

GENERAL PROVISIONS

I. SCOPE OF REGULATION

1. Investment in important projects identified in sectoral planning associated with land use rights on areas of land with advantageous geographical locations and high commercial value attracting two or more investors to participate;

2. Investment in projects using areas of land with advantageous geographical locations and high commercial value located within detailed urban planning at a scale of 1/2000 of the locality;

3. Investment in projects requiring the selection of investors to construct and operate commercial housing and real estate linked to land use rights in accordance with laws on housing, laws on business operations, and laws on land;

4. Investment in projects using areas of land under the management and use of state agencies, localities, and state-owned enterprises, if not organizing a public auction for land use rights, may organize the selection of investors according to the provisions of this Circular;

For investment projects implemented under the BOT, BT, BTO models; projects selecting investors for socialized programs; and projects selecting investors without collecting land use fees, this Circular shall not apply.

II. APPLICABLE SUBJECTS

1. Organizations and state agencies, state-owned enterprises having projects within the scope of regulation of this Circular;

2. Domestic and foreign investors participating in the process of selecting investors to implement projects within the scope of regulation of this Circular.

III. DEFINITION OF TERMS

Strategic multi-purpose hydropower plant

1. - Step 3: Publish the cancellation notice. refers to the bidding or direct award process to determine an investor who meets the requirements stated in the tender documents or request for proposal regarding capacity, experience, and has the most feasible and effective technical and financial proposals to implement projects using land;

2. "Land Fund, Land Area" includes areas of land under the management and use of Ministries, sectors, localities, and state-owned enterprises; existing areas of land within detailed urban planning of localities managed and used by one or more entities, including households, businesses, and state agencies;

3. "Authorized Person" is the person authorized to approve project lists, results of investor selection, tender documents, and request for proposals. The Authorized Person for national key projects is the Prime Minister, while for other projects it is the Minister, Head of a ministry equivalent to a ministry, agency under the Government, Chairman of the Provincial People's Committee, Chairman of the District People's Committee when delegated, Board of Directors or General Director of state-owned enterprises;

4. "Bid Inviter" is the agency or organization entrusted by the Authorized Person to organize the selection of investors; for localities, the Bid Inviter is specialized departments or District People's Committees when entrusted by the Chairman of the Provincial People's Committee or specialized units under the district level when the Chairman of the District People's Committee is the Authorized Person;

5. "Bid Evaluation Team" consists of individuals with sufficient capacity, experience, and understanding of specific aspects of the project established or selected by the Bid Inviter in accordance with regulations to evaluate tender documents and proposals;

6. "Floor Price" is the estimated total investment cost determined by the Bid Inviter based on average prices listed in the tender documents or request for proposals and approved by the Authorized Person or their delegate as a basis for selecting investors;

7. "Tender Documents" include all materials used for bidding, comprising requirements for a project serving as legal grounds for investors to prepare tender submissions and for the Bid Evaluation Team to assess and select investors; they serve as a basis for negotiations and contract signing;

8. "Request for Proposal" include all materials used for direct awards, comprising requirements for a project serving as legal grounds for proposed investors to prepare proposals and for the Bid Evaluation Team to assess proposals to prove that the proposed direct award investor meets the requirements of the request for proposal regarding capacity, experience, technical and financial proposals; they serve as a basis for negotiations and contract signing;

9. "Tender Submission and Proposal" are all documents prepared and submitted by investors to the Bid Inviter to propose implementing the project according to the requirements of the tender documents or request for proposal.

IV. ANNOUNCEMENT OF PROJECT LIST REQUIRING INVESTOR SELECTION

1. Within their management scope and in accordance with current legal regulations, after being approved by the People's Council, the Chairman of the Provincial People's Committee issues a decision approving the list of projects using land within the detailed urban planning of the locality requiring investor selection based on the proposal of specialized departments or District People's Committees related to the matter.

2. Ministers, Heads of ministries equivalent to ministries, agencies under the central government, and other central-level agencies; Board of Directors or General Director of state-owned enterprises having land areas under their management and use previously allocated or approved by competent state agencies according to land laws, if unable to invest themselves, shall approve the list of projects requiring investor selection.

3. Immediately after issuing a decision to approve the list of projects using land that require investor selection, the Tenderer shall publish this list for three consecutive issues in the Vietnam Economic Times (in Vietnamese for domestic tenders; in both Vietnamese and English for international tenders). In addition to publication on the Vietnam Economic Times, the Tenderer may also publish on other mass media to facilitate access to information for interested organizations and individuals. The published information must comply with relevant laws on land, housing, real estate business, and investment, including the overall plan for compensation, support, and resettlement when the State requisitions land, prepared by the Land Development Organization or the Local Compensation, Support, and Resettlement Council.

4. The period for interested investors to register to participate must be at least thirty days from the date of the first publication. All interested investors have the right to register to participate according to the current provisions of laws on investment, housing, land, and real estate business. The Tenderer shall not refuse any investor nor use any conditions contrary to regulations to limit the participation of investors.

5. Upon expiration of the registration period as stipulated in Clause 4 of this Section, the Tenderer shall publish the list of registered investors on the Vietnam Economic Times and proceed with tendering in accordance with Clause 4 of Section III of Part Three of this Circular.

V. CONDITIONS FOR ORGANIZING INVESTOR SELECTION

The Tenderer may organize investor selection to implement projects using land only if it meets all of the following conditions:

1. Having a detailed construction planning scheme at a scale of 1/2000 that has been approved;

2. The project being included in the list announced in accordance with Section IV of Part One of this Circular;

3. Having an overall plan for compensation, support, and resettlement for the land area to be selected for investment;

4. Having an approved investor selection plan;

5. Having a tender dossier or request dossier that has been approved.

VI. CONDITIONS FOR PARTICIPATION IN TENDERING FOR INVESTORS

When there is an interest in investing in a project listed for announcement, the investor must ensure they meet all of the following conditions to be eligible to participate:

1. Having legal entity status for organizational investors or having civil capacity as prescribed by law for individual investors;

2. Having capital under their ownership intended for investment in the project, which is not less than fifteen percent of the total investment value of the project with a land usage area below twenty hectares, and not less than twenty percent of the total investment value of the project with a land usage area of twenty hectares or more;

3. Proposing the total investment value of the project in the bidding proposal or request proposal but ensuring it is not lower than the floor price specified in the tender dossier or request dossier. In the case of a consortium participating in the tender, the capital under ownership is calculated based on the total capital committed by the investors in the consortium agreement;

4. Ensuring the ability to mobilize capital and resources to implement the project through bank or financial institution loan commitments;

5. Being allowed to participate in tendering in one bid either independently or as part of a consortium among multiple investors. In the case of a consortium, the investors must have an agreement specifying the head of the consortium, common responsibilities, and individual responsibilities of each member of the consortium;

6. After being selected, if the land use planning for the area is adjusted to increase the land use coefficient or the construction area, the investor must assume the responsibility to provide additional funds to the State corresponding to the increased value due to the planning adjustment.

Part Two.

PROVISIONS ON SELECTION OF INVESTORS

I. FORMS OF SELECTION OF INVESTORS AND BIDDING METHODS

1. Forms of selection of investors

a) Bidding: Bidding shall be applied to all projects with two or more investors interested in registering to participate, specifically as follows:

- International bidding: applicable to all projects not prohibited or restricted from investment according to the provisions of specialized laws;

- Domestic bidding: applicable to projects not subject to international bidding or have announced project lists without foreign investors interested in participating.

b) Direct awarding: Shall be applied in the following cases:

- Within the period for announcing the list of projects as stipulated in Section IV of Part One of this Circular, there is only one investor registering to participate;

- Urgent projects decided by the Prime Minister based on proposals from ministries, sectors, localities, state-owned enterprises, and reports from the Ministry of Planning and Investment.

2. Bidding methods

The method of one-stage bidding with two envelopes, including technical proposal documents (including contents about the investor's capacity and experience) and financial proposal documents, shall be applied. The technical proposal documents will be opened at the first bid opening ceremony according to the closing time for bids to evaluate in advance. Investors who are assessed as meeting the requirements of capacity, experience, and technical aspects will then have their financial proposal documents opened at the second bid opening ceremony for financial evaluation.

II. GUARANTEES FOR BIDDING

1. Guarantee for bidding is the act of an investor implementing one of the measures such as depositing a security deposit, signing a guarantee, or submitting a letter of guarantee according to the requirements in the tender invitation documents or request documents to ensure their bidding responsibility during the specified period according to the tender invitation documents or request documents.

2. Guarantee for bidding applies to both bidding and direct awarding forms. The value of the bidding guarantee is determined in the tender invitation documents or request documents at a level equivalent to 1% to 3% of the minimum price set out in the tender invitation documents or request documents.

3. The validity period of the bidding guarantee equals the validity period of the bidding documents or proposal documents plus thirty days; in case the validity period of the bidding documents or proposal documents needs to be extended, the Tender Inviter must request the investor to extend the corresponding validity period of the bidding guarantee.

4. The bidding guarantee must be refunded by the Tender Inviter to the non-selected investor within thirty days from the date of notification of the results; for the selected investor, the bidding guarantee will be refunded within ten days from the date the Tender Inviter receives the investment implementation guarantee of the investor.

5. The bidding guarantee will be forfeited, and the bidding documents and proposal documents will be disqualified in the following cases:

a) After the bid closing time and during the validity period of the bidding documents or proposal documents, the investor declares withdrawal of the documents or abandonment of the responsibility to continue participating in the bidding;

b) The investor does not conduct contract negotiations with the Tender Inviter according to the time specified in the tender invitation documents or request documents or according to the time agreed upon between the investor and the Tender Inviter;

c) After completing contract negotiations, the investor does not sign the contract or does not implement the investment implementation guarantee within the time limit stipulated in the signed contract;

d) The investor violates regulations during the bidding process according to the law on bidding.

Management and use of the amount of forfeited bidding guarantees from investors shall be carried out in accordance with current laws on state budget management.

III. GUARANTEES FOR IMPLEMENTATION OF THE PROJECT

1. Guarantee for implementation of the project is the act of an investor implementing one of the measures such as depositing a security deposit, signing a guarantee, or submitting a letter of guarantee according to the provisions in the tender invitation documents or request documents to ensure that the investor proceeds to implement the project according to the signed contract.

2. Guarantee for implementation of the project applies to both bidding and direct awarding forms and the investor must implement it before the contract takes effect. The value of the project implementation guarantee is determined in the tender invitation documents or request documents at a level equivalent to 5% to 10% of the total investment amount of the selected investor. In the case of phased investment projects, the project implementation guarantee will be applied according to the investment amount of each phase.

3. The validity period of the project implementation guarantee runs from when the contract takes effect until the investor completes the project construction work to transfer to the operation and exploitation stage.

4. The investor will have their project implementation guarantee forfeited and their investment certificate revoked in the following cases:

a) Not establishing and implementing the project according to the provisions in the signed contract;

b) Transferring the project before completing the construction work according to the plan in the contract;

c) During the implementation of the project, the investor does not fulfill the commitment to provide funds to the State as stated in the bidding documents or proposal documents or does not provide additional funds to the State corresponding to the increased value due to planning adjustments increasing land use coefficients or building area usage when approved by competent authorities.

Management and use of the amount of forfeited project implementation guarantees from investors shall be carried out in accordance with current laws on state budget management.

IV. LANGUAGE AND COSTS FOR ORGANIZING BIDDING

1. Language in bidding

The language used in tendering shall be Vietnamese for domestic tenders, in the tender documents and bid documents (for tendering) or request for proposal documents and proposal documents (for direct award), exchanged between the Tenderer and participating investors. For international tenders, the tender documents and request for proposal documents may be prepared in English or in both Vietnamese and English. In cases where the tender documents and request for proposal documents are in English, the bid documents and proposal documents must also be in English. If the tender documents and request for proposal documents are in both Vietnamese and English, it must be specified that investors can choose either language to prepare their bid documents and proposal documents.

2. Costs for organizing the selection of investors:

a) The costs for organizing the selection of investors include expenses for preparing tender documents, request for proposal documents, conducting the selection process, evaluating bid documents, proposal documents, and reviewing. These costs are sourced from the sale of tender documents and request for proposal documents according to current regulations; if insufficient, the Tenderer shall report to the competent authority to arrange funding from the state budget or other sources of ministries, sectors, or localities. The Tenderer is responsible for managing, using, and settling accounts in accordance with the laws on the state budget.

b) Tender documents and request for proposal documents shall be sold to interested investors at a price determined by the Tenderer based on the scale and nature of the project, but not exceeding VND 30,000,000 for domestic tenders; not exceeding US$ 5,000 for international tenders.

V. LEVELS OF APPROVAL AND REVIEW IN THE SELECTION OF INVESTORS

1. For national key projects where the Prime Minister approves the results of the investor selection, the分级审批和审定在选择投资者中的实施如下：

a) The Tenderer is a ministry, an agency equivalent to a ministry, an agency under the Government, another central agency, a state-owned enterprise, or a locality where the project is located. The head of the Tenderer is responsible for approving the tender documents and request for proposal documents based on the review documents of agencies or organizations within their management scope. The Tenderer is responsible for signing contracts with selected investors.

b) The Ministry of Planning and Investment is responsible for reviewing the results of the investor selection and submitting them to the Prime Minister for examination and approval.

2. For projects in localities, depending on the scale and nature of each project, the direct approval authority is decided by the Chairman of the Provincial People's Committee or the Chairman of the District People's Committee (if delegated):

a) In cases where the project falls under the jurisdiction of the Chairman of the Provincial People's Committee:

- The Provincial People's Committee directly approves the tender documents and request for proposal documents or authorizes the head of the Tenderer (a specialized department under the committee) to approve;

- The Provincial People's Committee approves the results of the investor selection;

- The Department of Planning and Investment is responsible for reviewing the results of the investor selection, tender documents, and request for proposal documents when the Chairman of the Provincial People's Committee directly examines and approves.

b) In cases where the project falls under the jurisdiction of the Chairman of the District People's Committee:

- The Tenderer is a specialized unit assigned at the district level;

- The Chairman of the District People's Committee is responsible for approving the tender documents and request for proposal documents and the results of the investor selection;

- The planning and finance department at the district level is the reviewing body for contents related to tender documents, request for proposal documents, and the results of the investor selection to serve as the basis for the Chairman of the District People's Committee to examine and approve.

3. For projects under the jurisdiction of a minister, head of an agency equivalent to a ministry, an agency under the Government, another central agency, the Board of Directors, or the director of a state-owned enterprise: The determination of the units or organizations under these agencies to act as Tenderers, reviewing bodies for tender documents and request for proposal documents, and the results of the investor selection is decided by the heads of these agencies.

VI. TIMEFRAME FOR ORGANIZING THE SELECTION OF INVESTORS

1. The minimum issuance period for tender documents is 10 days from the first day of publishing the tender announcement in the Vietnam Economic Times; the minimum issuance period for request for proposal documents is 5 days from the first day of sending out the tender invitation letter.

2. The minimum preparation time for bid documents and proposal documents is 30 days for domestic tenders and 45 days for international tenders from the first day of issuing tender documents and request for proposal documents until the closing date. In cases where there is a need to amend the tender documents and request for proposal documents after issuance, the Tenderer shall notify in writing to investors who have received the tender documents and request for proposal documents at least 15 days before the closing date for domestic tenders and 30 days for international tenders.

3. The validity period of bid documents and proposal documents is specifically stipulated in the tender documents and request for proposal documents but shall not exceed 210 days from the closing date. In necessary cases, the Tenderer may request investors to extend the validity period of bid documents and proposal documents one or more times, but the total duration of such extensions shall not exceed 30 days.

4. The maximum evaluation period for bid documents and proposal documents is 60 days for domestic tenders and 90 days for international tenders from the closing date until the Tenderer completes and submits a report on the results of the investor selection to the competent authority for examination and decision.

5. The maximum review period for each content regarding tender documents, request for proposal documents, and the results of the investor selection is 30 days; in cases under the approval authority of the Prime Minister, the maximum review period is 45 days.

6. The maximum examination and approval period for each content regarding tender documents, request for proposal documents, and the results of the investor selection is 20 days from the date of receiving the review report from the reviewing agency or unit.

Part Three.

SELECTION OF INVESTORS

I. GENERAL PROCEDURE FOR SELECTING INVESTORS

The general procedure for selecting investors shall be applied to tendering and direct award, including:

1. Preparing an investor selection plan;

2. Preparing for investor selection;

3. Organizing the selection of investors;

4. Receiving, opening, and evaluating tender documents and proposal documents;

5. Reviewing and approving the results of investor selection;

6. Announcing the results of investor selection.

II. PREPARING AN INVESTOR SELECTION PLAN

Based on the project list published according to the provisions of Section IV of Part One of this Circular and the number of interested investors who have registered, the Tender Inviter shall prepare an investor selection plan to submit for approval by the competent authority as the basis for organizing implementation. The investor selection plan must include contents such as the name of the project, the form of investor selection, bidding method, time for organizing the selection of investors, and other necessary contents.

III. PREPARING FOR INVESTOR SELECTION

1. Establishing a Tender Expert Team:

a) The Tender Inviter decides to establish a Tender Expert Team if there is sufficient personnel meeting the requirements; in cases where there is insufficient personnel meeting the requirements, the Tender Inviter may select some individual consultants to participate in the Tender Expert Team; if necessary, the Tender Inviter may select a consulting organization to undertake all tasks of the Tender Expert Team.

b) Tasks of the Tender Expert Team: Preparing tender documents, request documents, organizing the selection of investors, evaluating and preparing reports on the evaluation of tender documents and proposal documents, preparing detailed negotiation plans, negotiating contracts, and reporting on contract negotiation results and other related work during the process of organizing the selection of investors.

2. Preparing tender documents, request documents

2.1. Basis for preparing tender documents, request documents:

- Project list published according to regulations;

- Investor selection plan approved by the competent authority;

- Detailed urban planning at a scale of 1/2000 and requirements for planning indicators at a scale of 1/500. The construction of the planning must comply with the laws on urban planning, land use planning, and resource utilization planning, ensuring maximum land use coefficient and space utilization to achieve the highest efficiency for the State;

- Current regulations of the law on tendering, land, housing, real estate business, and investment and construction laws;

- Other related contents.

2.2. Contents of tender documents, request documents

Tender documents, request documents are prepared according to the guidelines set out in the Appendix attached to this Circular. In tender documents, request documents, the following contents must be clearly stated as the basis for investors to prepare tender documents and proposal documents:

- Time for transferring or leasing land;

- Basis for determining the amount of land use fee that the investor must pay to the state budget during the period of land transfer or lease;

- Handling of assets on land by the investor after the expiration of the land transfer or lease period in the direction of transferring the entire ownership and right to use the assets on land to the relevant state agency.

2.3. Building evaluation criteria

a) Evaluation criteria for the capacity and experience of investors.

- Capacity criteria include financial capacity requirements (including total assets, owner's equity of the investor and capital raising ability, revenue, ...) and management, operation, and business capacity requirements (number and type of projects invested in or managed, years of operation, total number of staff, management technology ...).

- Experience criteria for investors must include requirements such as: years of investment or management experience in similar-scale projects; in case of a joint bidding consortium, the experience of the investor is determined as the total experience of the participating members or partners committed to implementing the project through preliminary agreements with the investor.

Depending on the nature and scale of each project, appropriate evaluation criteria for capacity and experience should be established; avoiding setting excessively high requirements leading to no investors meeting the requirements; avoiding setting excessively low requirements leading to selecting investors who do not meet the requirements to implement the project.

Evaluation criteria for capacity and experience are established using a "pass/fail" assessment method and must be included in tender documents and request documents.

b) Technical evaluation criteria

b.1. Detailed technical evaluation criteria include:

- The suitability of the project objectives proposed by the investor with the approved detailed urban planning at a scale of 1/2000;

- Requirements for describing the investment implementation ideas including: project scale, architectural and construction solutions for project works, environmental impact factors;

- Requirements for project implementation and operation management;

- Requirements for project output results;

- Other criteria suitable for specific projects.

b.2. Using a scoring method with a score range of 100, 1000 or a "pass/fail" assessment method. When establishing evaluation criteria based on scores, it is necessary to set minimum requirements for each overall criterion mentioned above, with a minimum requirement being 50% of the maximum score of each overall criterion. An investor is considered to meet the requirements under the scoring method when their score does not fall below 70% of the total score, for large-scale and complex projects, the minimum requirement is 80% of the total score, and each overall criterion must not be lower than the minimum requirement. An investor is considered to meet the requirements under the "pass/fail" method when all criteria are evaluated as "pass" or all overall criteria mentioned above are evaluated as "pass" and up to 30% of detailed criteria within an overall criterion can be evaluated as "acceptable" and other detailed criteria are evaluated as "pass".

c) Financial evaluation criteria

The construction of financial evaluation criteria to determine the benefits that investors will bring to the State through the proposals made by investors in tender documents and proposal documents regarding the total investment amount, capital structure, and financial plan for the project. The financial evaluation process shall be carried out as follows:

- Step 1: Determine the financial capacity of the investor:

+ Total Investment Amount (A) = Construction Value (M₁) + Compensation and Resettlement Value (M₂);

Where:

+ A ≥ the minimum price stated in the tender invitation document, request document. Minimum Price = m₁ + m₂, where m₁ is the expected value of the project determined by the Tender Inviter for each specific project to ensure the full utilization and maximum efficiency of land area, land use coefficient, and spatial planning based on approved detailed construction plans; m₂ is the total compensation, support, and resettlement costs when the State recovers the land fund under the project according to the laws on land and the land price framework at the time of compensation and resettlement implementation in each locality.

+ M₂ ≥ m₂ (compensation and resettlement costs) is calculated by the Tender Inviter within the minimum price. Investors must quote M₂ in the tender document, proposal document, and after being selected, they must transfer the entire value to the local Compensation and Resettlement Council to carry out compensation and resettlement of the project's land fund; if the actual compensation and resettlement cost is lower than M₂ , the difference will be paid into the state budget; if higher, the investor must make up the shortfall. The investor will be allowed to deduct land compensation, support, and resettlement costs from the compensation and resettlement costs into land use fees or lease fees but not exceeding the land use fee or lease fee payable; if exceeded, the investor will bear the responsibility.₂ - Step 2: Determine the investment effectiveness brought by the investor to the State:

Investment Effectiveness (B) = M

+ Budget Support Value (M₂ ) (calculated in money or the unconditional value of the construction committed to support by the investor converted into monetary value according to the evaluation time of the tender document, proposal document).₃2.4. Precedent conditions stated in the tender invitation document, request document

a) Precedent conditions stated in the tender invitation document include:

- The investor is not listed in the list of tender invitation document buyers;

- The bid proposal is not valid such as: not fully filled out according to the form in the tender invitation document; lacking the signature of the legal representative of the investor as required by the tender invitation document. For joint venture investors, the bid proposal must be signed by the legal representative of each joint venture member, except where the joint venture agreement stipulates that members agree to have the head of the joint venture sign the bid proposal;

- The investor does not meet the conditions for participating in the tender as prescribed in Section VI of Part I of this Circular;

- There is no tender guarantee or there is but it is invalid such as: having a lower value, not in the correct currency and form as prescribed; the validity period is incorrect or shorter, not submitted to the address and time specified in the tender invitation document;

- There is no original tender document;

- The validity of the tender document does not comply with the provisions in the tender invitation document;

- The investor has their name in two or more tender documents as an independent party or as a member of a joint venture;

- Other precedent conditions with special characteristics of the project.

b) For cases of designated tendering, the request document includes some of the above precedent conditions suitable for the nature and conditions of each project.

3. Review and approve the tender invitation document, request document

a) Based on the tender invitation document, request document proposed by the Tender Inviter, the reviewing agency or organization is responsible for preparing a review report to submit to the authorized person or the person authorized to examine and approve in writing.

b) The authorized person or the person authorized approves the tender invitation document or request document based on the review document of the reviewing agency or organization.

4. Tender Invitation

The Tender Inviter publishes the tender announcement (in Vietnamese for domestic tenders; in Vietnamese and English for international tenders) in the Bidder Newspaper for investors interested in participating in the tender. At the same time, the Tender Inviter sends a tender invitation letter to investors in the registered list. The tender invitation document, request document can only be issued a minimum of 10 days (for tendering) and 5 days (for designated tendering) from the first day of publishing the tender announcement or sending the tender invitation letter (for designated tendering).

IV. ORGANIZING THE SELECTION OF INVESTORS

1. Issuing the tender invitation document, request document

a) The Tender Inviter sells the tender invitation document, request document from the date of the first issuance until before the closing time as prescribed in the tender invitation document, request document. For joint venture investors, only the representative needs to purchase the tender invitation document, request document.

b) After issuing the tender invitation document, request document, if necessary to amend or supplement, the Tender Inviter issues an amendment or supplement document to investors who have received the tender invitation document, request document. The content of the amendment or supplement to the tender invitation document, request document must be approved by the person approving the tender invitation document, request document before issuance to investors.

2. Clarifying the tender invitation document, request document

a) Organizing a meeting to clarify the tender invitation document, request document:

After issuing the tender invitation document, request document, the Tender Inviter organizes a meeting to invite investors to exchange, explain, and clarify the contents that investors are unclear about in the tender invitation document, request document. The exchanges and clarifications at the meeting must be recorded by the Tender Inviter and distributed to investors present as well as those absent from the meeting. The explanatory document is considered part of the tender invitation document, request document for investors to have sufficient basis to prepare the tender document, proposal document.

b) Sending a document requesting clarification of the tender invitation document, request document

b) Submit a document requesting clarification of the tender documentation, request documentation

During the preparation of tender documents and proposal documents, at any time, the investor has the right to request in writing from the Tender Inviter to explain contents that the investor does not understand in the tender invitation document or request document. The explanation and clarification document from the Tender Inviter must be sent to all investors who have received the tender invitation document or request document, and such document shall be considered part of the tender invitation document or request document.

3. Preparation and submission of tender documents and proposal documents

a) Investors are responsible for studying the tender invitation document and request document to prepare tender documents and proposal documents in accordance with regulations.

b) Investors are responsible for submitting tender documents and proposal documents according to the time and location specified in the tender invitation document and request document. Any tender documents submitted after the closing time for any reason will be deemed invalid and will not be opened for evaluation; in such cases, the Tender Inviter will return the documents in their original condition to the investor at the document reception location of the Tender Inviter.

c) Investors have the right to withdraw, amend, or replace tender documents and proposal documents after submission but must be done in writing and received by the Tender Inviter before the closing time.

V. ACCEPTANCE, OPENING AND EVALUATION OF TENDER DOCUMENTS AND PROPOSAL DOCUMENTS

1. Acceptance and opening of tender documents and proposal documents:

a) Tender documents and proposal documents submitted in accordance with regulations will be accepted and managed by the Tender Inviter under a confidential file system.

b) Opening of tender documents and proposal documents (technical proposal envelopes)

Immediately after the closing time, the Tender Inviter will publicly open the tender documents and proposal documents (technical proposals) in the presence of participating investors and representatives of relevant agencies invited to attend.

The opening process will be conducted in alphabetical order of the names of the investors who submitted tender documents and must be recorded in a minutes document. The content of the minutes includes:

- Number of investors registered to participate and number of investors who purchased the tender invitation document and request document;

- Names of investors who submitted tender documents and proposal documents;

- Number of original and copied tender documents and proposal documents;

- Validity period of tender documents and proposal documents;

- Written requests for amendments and supplements to tender documents and proposal documents (if any);

- Other necessary contents.

The minutes of the opening must be sent to all investors who submitted tender documents and proposal documents regardless of whether they attended the opening ceremony or not.

2. Evaluation of tender documents and proposal documents (technical aspect):

The bidding expert team is responsible for evaluating tender documents and proposal documents (technical aspect) according to the evaluation criteria stated in the tender invitation document and request document. During the evaluation process, the evaluation criteria may not be amended or supplemented. The evaluation procedure is as follows:

a) Preliminary evaluation

The preliminary evaluation aims to check the completeness of tender documents and proposal documents according to the requirements of the tender invitation document and request document to eliminate non-compliant tender documents and proposal documents that do not meet legal requirements and violate the preconditions stated in the tender invitation document and request document. The evaluation procedure is as follows:

- Preliminary check of tender documents and proposal documents: if the investor violates any of the preconditions stated in the tender invitation document and request document, they will be eliminated and will not be considered or evaluated in subsequent steps;

- Evaluation of the investor's capacity and experience according to the evaluation criteria stated in the tender invitation document and request document. Investors who meet the requirements for capacity and experience will be transferred to detailed technical evaluation.

Tender documents and proposal documents that pass the preliminary evaluation will be transferred to detailed technical evaluation.

b) Detailed technical evaluation

The bidding expert team is responsible for conducting a detailed technical evaluation of tender documents and proposal documents according to the evaluation criteria stated in the tender invitation document and request document.

Investors who pass the technical evaluation will be approved by the Tender Inviter and will proceed to the opening of financial proposal documents for evaluation.

3. Opening and evaluation of financial proposal documents

a) Investors with tender documents that pass the technical evaluation will be evaluated financially. The opening of financial proposal documents must be conducted publicly after the Tender Inviter makes a decision to approve the list of investors meeting the technical requirements, with the presence of investors meeting the technical requirements and representatives of relevant agencies. Investors who do not meet the technical requirements must also be invited to attend the opening ceremony of financial proposal documents of investors meeting the technical requirements; the Tender Inviter will refund the financial proposal documents to investors who do not meet the technical requirements.

b) The opening of financial proposal documents will be conducted in alphabetical order of the names of investors who passed the technical evaluation and must be recorded in a minutes document. The content of the minutes of the opening of financial proposal documents includes:

- Number of investors whose tender documents and proposal documents (technical aspects) were opened and number of investors meeting the technical requirements.

- Number of original and copied financial proposal documents;

- Validity period of financial proposal documents;

- Total investment amount proposed by the investor;

- Bid increase letter (if any). The bid increase letter is only valid when it is opened simultaneously with the opening of financial proposal documents.

- Other necessary contents.

The minutes of the opening of financial proposal documents must be sent to all investors who passed the technical evaluation, regardless of the presence or absence of the investor at the opening ceremony.

c) Financial evaluation

The expert team is responsible for conducting financial evaluation according to the evaluation criteria stated in the tender invitation document and request document.

4. Clarification of tender documents and proposal documents:

a) In cases of tendering: During the process of evaluating tender documents, the Tender Evaluation Committee may request the Tender Inviter to require investors to clarify through sending a request for clarification letter or directly inviting investors to discuss and clarify their tender documents. The discussions and clarifications must be recorded in minutes and considered part of the tender documents. During the clarification process, the Tender Inviter shall not accept changes to financial proposals (including price increase letters) made by investors; investors shall not unilaterally supplement submitted tender documents except for those requested by the Tender Inviter. Clarification shall not alter the essence of the submitted tender documents.

b) In cases of direct assignment: During the process of evaluating proposal documents, the Tender Inviter may send a letter or directly invite proposed assigned investors to discuss and clarify the contents of their proposal documents. Investors may supplement documents to complete their proposal documents while ensuring the truthfulness of information; if investors falsely report their capabilities and experience, they will be subject to legal provisions on tendering and investment. Investors shall not modify or supplement their financial proposals but may submit price increase letters.

5. Principles for reviewing and selecting investors

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

a) Possess valid tender documents or proposal documents;

b) Be evaluated as meeting the requirements for capability and experience;

c) Be evaluated as meeting technical requirements;

d) Have a total investment amount (A) not lower than the approved floor price in the tender invitation or request document and have the highest investment efficiency (B); in cases where no investor proposes budget support, the investor with the total investment amount (A) not lower than the floor price and the highest will be recommended for selection.

VI. REVIEW AND APPROVAL OF THE SELECTION RESULTS OF INVESTORS

1. Based on the report on the selection results of investors from the Tender Inviter, the reviewing agency or organization is responsible for reviewing and preparing a review report on the selection results of investors according to the following contents: Legal basis, implementation process, evaluation results, agreement or disagreement (specify reasons) with the Tender Inviter's proposal. Reviewing is not a re-evaluation of tender documents or proposal documents. The reviewing agency, organization, or individual must ensure objectivity and honesty during the review process and retain their opinions.

2. Approval of the Selection Results of Investors

Based on the report from the Tender Inviter and the review report from the reviewing agency or organization, the authorized person or the person delegated to approve the selection results of investors shall approve the results. The approval document must include the following contents:

a) Project name and location;

b) Name of the selected investor;

c) Total investment amount, project scale, technical standards, compensation value, and land acquisition value; budget support value (if applicable);

d) Timeframe for project planning and completion;

đ) Timeframe for contract negotiations and the name of the agency responsible for signing the investment implementation contract with the investor upon conclusion of negotiations;

e) Commencement date, completion date, operation commencement date, and transfer date (if applicable);

g) Other contents if applicable.

VII. ANNOUNCEMENT OF THE SELECTION RESULTS OF INVESTORS

After receiving the approval decision from the authorized person or the person delegated to approve, the Tender Inviter shall announce the selection results of investors as follows:

a) Send a notification letter to participating investors, with the selected investor also receiving a detailed negotiation plan;

b) Publish information about the selection results of investors on the Vietnam Bid Newspaper within ten days from the date of the approval decision.

Part Four.

NEGOTIATION AND SIGNING OF CONTRACTS TO IMPLEMENT INVESTMENT PROJECTS

I. PRINCIPLES OF CONTRACT NEGOTIATIONS

Negotiations for contracts to implement investment projects must ensure the following basic principles:

1. Negotiations must ensure compliance with the negotiation timeframes specified in the tender documents and request documents; in cases where the investor intentionally prolongs beyond the prescribed timeframe, the Tenderer shall report to the competent authority to cancel the previously approved results to select the next-ranked investor or another investor (in the case of direct assignment); in such cases, the investor will have their bid guarantee confiscated.

2. During the negotiation process, the selected investor may not reduce the total investment amount proposed, may not reduce the compensation and resettlement level, and may not reduce the budget support level (if proposed).

3. Negotiations shall not cover contents already clearly stipulated in the tender documents, request documents, and tendered by the investor in the bidding documents and proposal documents.

4. The contract must include provisions binding the investor on the committed support amount to the State as stated in the bidding documents and proposal documents, or the additional support amount to the State in the event of a planning adjustment increasing the land use coefficient or construction area, upon approval by the competent state authority. The additional support amount that the investor must implement due to the planning adjustment shall be determined based on the ratio between the initial committed support amount in the bidding documents and proposal documents and the initial construction area multiplied by the increased construction area due to the planning adjustment.

II. PROCEDURE FOR ORGANIZING CONTRACT NEGOTIATIONS

1. Preparation for negotiations

2. Organizing negotiations

3. Reviewing and approving the negotiation results.

4. Signing the contract to implement the investment project.

III. PREPARATION FOR NEGOTIATIONS

1. The bidding expert team is responsible for negotiating contracts with the selected investor.

2. Preparing the negotiation plan and content

a) Based on the requirements of the tender documents, request documents, and the bidding and proposal documents of the investor, and the approved investor selection results, the bidding expert team prepares a detailed negotiation plan and negotiation content for the Tenderer's approval to send to the investor for preparation.

b) Upon receiving the notification document of being selected for negotiations and the detailed negotiation plan, the investor must send a notification document to the Tenderer confirming receipt of the document and agreement to negotiate. In the maximum period of 30 days, if the investor does not send a notification document and does not agree to negotiate according to the Tenderer's plan without a valid reason, the Tenderer has the right to confiscate the bid guarantee and report to the competent authority to cancel the selection result of the investor mentioned above.

IV. ORGANIZING NEGOTIATIONS

1. The bidding expert team invites the investor to negotiate according to the plan and location stated in the negotiation plan sent in advance to the investor.

2. During the negotiation process, all agreed contents must be recorded in the minutes and signed for confirmation by both parties. During the negotiation process, if there are unresolved contents or new contents arising outside the tender documents, request documents, bidding documents, and proposal documents that benefit the State, the bidding expert team needs to propose a solution and must report to the Tenderer for review and decision; in cases exceeding their authority, the Tenderer must report to the competent authority for review and decision.

V. REVIEWING AND APPROVING THE NEGOTIATION RESULTS

After successfully negotiating with the investor, the bidding expert team submits the results for the Tenderer's approval or submits for approval as prescribed. The maximum approval time for the negotiation results is 15 days. In cases where negotiations fail, the bidding expert team reports to the Tenderer to request the competent authority to cancel the previous investor selection results and recommend selecting the next-ranked investor to invite for negotiations.

VI. SIGNING THE CONTRACT TO IMPLEMENT THE INVESTMENT PROJECT

Based on the negotiation results approved by the competent authority, the agency entrusted with the responsibility to sign the contract invites the investor to complete the contract. After reaching an agreement, both parties proceed to sign the contract in accordance with regulations.

Part Five.

IMPLEMENTATION

I. GUIDANCE ON IMPLEMENTATION

1. The handling of situations, recommendations, and resolution of recommendations, as well as the handling of violations of laws in bidding shall be applied in accordance with the corresponding current provisions of the law on bidding.

2. During the implementation of this Circular, if there are any difficulties, the ministries, sectors, localities, and enterprises are requested to submit their opinions to the Ministry of Planning and Investment for timely consideration and resolution. In cases where the Inviting Party proposes selection principles for investors (including economic efficiency calculation formulas) that differ from the guidance provided in this Circular but ensure the selection of investors that provide the highest benefits for the State, the Inviting Party may apply such principles; in this case, the Inviting Party must submit the tender invitation documents and request documents to the Ministry of Planning and Investment for monitoring and management.

3. After selecting an investor in accordance with the provisions of this Circular, procedures related to investment, construction, and other procedures shall be carried out in accordance with the laws on investment, construction, and relevant laws.

II. EFFECTIVE DATE OF IMPLEMENTATION

This Circular shall take effect 45 days from the date of issuance./.

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31/2013/QĐ-UBND Quyết định số 31/2013/QĐ-UBND Về việc ban hành Quy chế Giải thưởng công nhân, viên chức, lao động tiêu biểu tỉnh Quảng Trị Expired 15/2013/QĐ-UBND Nghị quyết số 15/2013/QĐ-UBND Về kết quả thực hiện nhiệm vụ phát triển kinh tế xã hội 6 tháng đầu năm và nhiệm vụ trọng tâm 6 tháng cuối năm 2013 Expired 26/2012/QĐ-UBND Quyết định số 26/2012/QĐ-UBND Về việc điều chỉnh giá tiêu thụ nước sạch trên địa bàn thành phố Kon Tum Expired 15/2013/QĐ-UBND Quyết định số 15/2013/QĐ-UBND Về việc thỏa thuận địa điểm lập các thủ tục đầu tư dự án sử dụng nguồn vốn ngoài ngân sách trên địa bàn tỉnh Khánh Hòa. In effect 31/2013/QĐ-UBND Quyết định số 31/2013/QĐ-UBND Ban hành Quy định cơ chế thực hiện chính sách ưu đãi đối với các cơ sở xã hội hóa hoạt động trong lĩnh vực giáo dục, dạy nghề, y tế, văn hóa, thể thao, môi trường trên địa bàn tỉnh Trà Vinh In effect

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16/2016/TT-BKHĐT Thông tư số 16/2016/TT-BKHĐT Hướng dẫn lập hồ sơ mời sơ tuyển, hồ sơ mời thầu lựa chọn nhà đầu tư thực hiện dự án đầu tư có sử dụng đất In effect

03/2009/TT-BKH

Circular No. 03/2009/TT-BKH guiding the selection of investors to implement land-using projects

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Tiếng Việt Thông tư số 03/2009/TT-BKH Hướng dẫn lựa chọn nhà đầu tư thực hiện đầu tư dự án có sử dụng đất 한국어 시행령 제 03/2009/TT-BKH 투자자를 선정하여 토지를 사용하는 프로젝트를 수행하기 위한 지침 中文通知2009年第3号关于选择实施使用土地项目的投资者的指导

Circular No. 03/2009/TT-BKH guiding the selection of investors to implement land-using projects

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