Circular No. 07/2000/TT-BKHĐT guides amendments and supplements to certain contents of Circular No. 06/1999/TT-BKH concerning Total Investment Capital, Application for Review of Feasibility Study Reports and Preliminary Feasibility Study Reports of Category A Projects. The main contents include amending the bidding procedures, supplementing requirements on the responsibilities of the Project Owner in the project application, and clearly defining the list of component projects or sub-projects.
Scope of application
Investors of investment projects
Key points
- Project Owner → must prepare for bidding including: preparing tender documents, announcing tender notices (if applicable), organizing pre-bid conferences (if applicable), preserving tender documents (if applicable), organizing bid opening, evaluating tender documents, and reviewing bidding results → without specific amounts or figures
- Project Owner → must confirm the legal status, financial capacity of the Project Owner and other necessary documents such as land use right certificates (for existing projects) or land lease agreements (for non-existing projects), planning approval documents, government permits, agreements, contracts, and accords → without specific amounts or figures
- Project Owner → bears full responsibility for the accuracy and legality of information, data, and documents submitted with the project application → without specific amounts or figures
- The project application is directly submitted by the Project Owner to the authority with investment decision-making power, the direct management agency of the Project Owner, and transferred to the agency organizing the project review with the number of projects required by the agency for review opinions from relevant agencies → without specific amounts or figures
- The preliminary feasibility study report of Category A projects must clearly define the list of component projects or sub-projects, the necessity and rationality of independent operation and exploitation of each component project or sub-project, investment progress and planned capital allocation for each component project or sub-project → without specific amounts or figures
🌐 Social impact of this document
- Citizens/businesses will have to comply with new regulations on bidding, application for review, and preliminary feasibility studies, increasing the workload of project management
- However, clearly defining the responsibilities of the Project Owner helps improve the quality of project applications, thereby enhancing the effectiveness of investment management
❓ Frequently asked questions
What does the Project Owner need to prepare during the bidding process?
The Project Owner must prepare steps such as preparing tender documents, announcing tender notices (if applicable), organizing pre-bid conferences (if applicable), preserving tender documents (if applicable), organizing bid opening, evaluating tender documents, and reviewing bidding results.
What does the Project Owner need to confirm about legal status and financial capacity?
The Project Owner must confirm the legal status, financial capacity of the Project Owner and other necessary documents such as land use right certificates (for existing projects) or land lease agreements (for non-existing projects), planning approval documents, government permits, agreements, contracts, and accords.
What are the responsibilities of the Project Owner regarding information and documents in the project application?
The Project Owner must bear full responsibility for the accuracy and legality of information, data, and documents submitted with the project application.
How is the project application submitted?
The project application is directly submitted by the Project Owner to the authority with investment decision-making power, the direct management agency of the Project Owner, and transferred to the agency organizing the project review with the number of projects required by the agency for review opinions from relevant agencies.
What must the preliminary feasibility study report determine about component projects?
The preliminary feasibility study report of Category A projects must clearly define the list of component projects or sub-projects, the necessity and rationality of independent operation and exploitation of each component project or sub-project, investment progress and planned capital allocation for each component project or sub-project.
Full text
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MINISTRY OF PLANNING AND INVESTMENT |
SOCIALIST REPUBLIC OF VIETNAM |
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Number: 07/2000/TT-BKH |
Hanoi, July 3, 2000 |
CIRCULAR
Guidelines for amending and supplementing certain contents
Circular No. 06/1999/TT-BKH dated November 24, 1999
of the Ministry of Planning and Investment on the content of Total Investment Amount,
Project Appraisal Documents, and Investment Reports
Implementing the provisions of Government Decree No. 12/2000/NĐ-CP dated May 5, 2000 regarding amendments and supplements to certain articles of the Investment Management Regulations issued together with Government Decree No. 52/1999/NĐ-CP dated July 8, 1999; based on proposals and comments from ministries and localities on certain contents of Circular No. 06/1999/TT-BKH dated November 24, 1999 of the Ministry of Planning and Investment guiding the content of Total Investment Amount, Project Appraisal Documents, and Investment Reports, the Ministry of Planning and Investment issues guidelines for amending and supplementing certain contents as follows:
I. ON THE TOTAL CAPITAL INVESTMENT:
The content of item b under sub-item 1.2 is amended and supplemented as follows:
"- Tendering to implement the project includes:
+ Preparing tendering:
* Preparing tender documents and criteria for evaluating tender submissions
* Announcing the tender (publishing in newspapers, if applicable)
+ Organizing the tender:
* Issuing tender documents (printing materials, sending tender documents)
* Holding a pre-tender meeting (if applicable)
* Storing tender submissions (if applicable)
* Conducting the opening of tenders
+ Evaluating tenders and reviewing tender results:
* Evaluating tender submissions
* Reviewing tender results."
II. ON THE APPLICATION FOR PROJECT APPRAISAL REPORTS ON FEASIBILITY STUDIES (SECTION II OF CIRCULAR NO. 06/1999/TT-BKH) IS AMENDED AND SUPPLEMENTED AS FOLLOWS:
1. Delete the following points under category B:
- Point d under sub-item 1.1
- Point h under sub-item 1.2
- Point c under sub-item 2.1
2. Amend points f of sub-item 1.1; point g of sub-item 1.2; point e of sub-item 2.1 as follows:
"Legal documents confirming the legal status and financial capacity of the Investor and other necessary documents such as land use right certificates (for projects where the Investor already has a land use right certificate) or lease agreements, announcements introducing the location by competent authorities (for projects where the Investor does not yet have a land use right certificate), approval documents for planning, permits from the Government, agreements, contracts, and accords (depending on the characteristics of each project)."
3. Supplement the content of Clause 3 as follows:
"The Investor shall bear full responsibility for the accuracy and legality of the information, data, and documents submitted in the project application. To expedite the appraisal process, the Investor may directly seek opinions from relevant agencies on the project.
The project application shall be submitted directly to the authority with decision-making power over investment, the agency directly managing the Investor, and transferred to the agency organizing the project appraisal with the number of copies required by the agency organizing the appraisal to solicit opinions from relevant agencies.
For Group A projects, the agency organizing the appraisal is the Ministry of Planning and Investment. Agencies requested to participate in the appraisal must provide comments focusing on issues related to their management functions, submit them to the agency organizing the appraisal within the specified time frame, and be responsible for their comments.
III. SUPPLEMENT POINT IV AS FOLLOWS:
For the preliminary feasibility study report of Group A projects comprising multiple component projects or sub-projects that can operate independently and be implemented in phases, it is necessary to clearly define the list of component projects or sub-projects, the necessity and rationality of their independent operation and exploitation, the investment schedule, and the planned allocation of investment capital for each component project or sub-project.
The list of component projects or sub-projects of Group A projects is determined in the approval document or decision approving the preliminary feasibility study report by the Prime Minister.
This Circular shall take effect fifteen days from the date of issuance./.
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THE MINISTER (signed) Tran Xuan Gia |
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