Circular No. 10/2024/TT-BKHĐT amends certain Articles of Circular No. 09/2021/TT-BKHĐT dated November 16, 2021, issued by the Minister of Planning and Investment guiding the selection of investors to implement public-private partnership projects and investment projects using land, and Circular No. 10/2022/TT-BKHĐT dated June 15, 2022, issued by the Minister of Planning and Investment detailing the provision, publication of information, and selection of investors on the National Public Procurement Network.

CIRCULAR

AMENDMENTS TO CERTAIN ARTICLES OF CIRCULAR NO. 09/2021/TT-BKHĐT DATED NOVEMBER 16, 2021 ISSUED BY THE MINISTER OF PLANNING AND INVESTMENT GUIDING THE SELECTION OF INVESTORS FOR IMPLEMENTATION OF PUBLIC-PRIVATE PARTNERSHIP PROJECTS AND LAND-INVOLVING INVESTMENT PROJECTS, AND CIRCULAR NO. 10/2022/TT-BKHĐT DATED JUNE 15, 2022 ISSUED BY THE MINISTER OF PLANNING AND INVESTMENT PROVIDING GUIDELINES ON THE PROVISION AND DISSEMINATION OF INFORMATION AND SELECTION OF INVESTORS ON THE NATIONAL PROCUREMENT SYSTEM

Pursuant toTHE BIDDING LAW dated November 26, 2013;

Pursuant toInvestment Lawthe sixteenth day of June, two thousand and twenty;

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

Pursuant to Decree No.Decision No. 25/2020/NĐ-CP dated February 28, 2020 of the Government detailing the implementation of certain provisions ofTHE BIDDING LAW regarding the selection of investors;

Pursuant to Decree No.23/2024/NĐ-CP dated February 27, 2024 of the Government detailing certain provisions and measures for implementationTHE BIDDING LAW regarding the selection of investors to implement projects that must be tendered according to the laws governing sectors and fields;

Pursuant to Decree No.Decision No. 86/2017/NĐ-CP dated July 25, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Planning and Investment;

Article 1. Amending and supplementing certain provisions of Circular No. 02/2024/TT-BKHĐT

The Minister of Planning and Investment issues this Circular amending certain articles of Circular No.09/2021/TT-BKHĐT dated November 16, 2021 issued by the Minister of Planning and Investment guiding the selection of investors for implementation of public-private partnership projects and land-involving investment projects, and Circular No.10/2022/TT-BKHĐT dated June 15, 2022 issued by the Minister of Planning and Investment providing detailed guidelines on the provision and dissemination of information and selection of investors on the National Procurement System.

Article 1. Amend certain articles of Circular No. 09/2021/TT-BKHĐT dated November 16, 2021 issued by the Minister of Planning and Investment guiding the selection of investors for implementation of public-private partnership projects and land-involving investment projects

1. Repeal Clause 1 of Article 6 and amend this article as follows:

"1. Preliminary requirements regarding the capacity and experience of investors and the publication of the list of land-involving investment projects subject to approval of investment orientation pursuant to Point a, Clause 1, Article 12 of Decision No. 25/2020/NĐ-CP shall be determined and implemented as follows:

a) For projects within the authority to approve investment orientation of the Prime Minister:

The provincial People's Committee is the agency organizing the tender in accordance with Clause 8, Article 32 of Decision No. 31/2021/NĐ-CP. Based on the Decision approving the investment orientation of the project, the provincial People's Committee assigns the Department of Planning and Investment to take the lead and coordinate with relevant agencies to determine the preliminary requirements regarding the capacity and experience of investors, report to the provincial People's Committee for approval before publishing the list of projects. For projects located in economic zones, the provincial People's Committee assigns the Management Board of the Economic Zone to organize the determination and approval of the preliminary requirements regarding the capacity and experience of investors before publishing the list of projects.

b) For projects within the authority to approve investment orientation of the provincial People's Committee:

The Department of Planning and Investment or the Management Board of the Economic Zone (for projects located in economic zones) is the agency organizing the tender in accordance with Clause 6, Article 33 of Decision No. 31/2021/NĐ-CP. Based on the Decision approving the investment orientation of the project, the Department of Planning and Investment takes the lead and coordinates with relevant agencies to determine the preliminary requirements regarding the capacity and experience of investors, report to the provincial People's Committee for approval before publishing the list of projects. For projects located in economic zones, the Management Board of the Economic Zone organizes the determination and approval of the preliminary requirements regarding the capacity and experience of investors before publishing the list of projects.

2. The preliminary assessment of the capacity and experience of investors shall be conducted in accordance with Article 13 of Decision No. 25/2020/NĐ-CP.

If only one investor meets the preliminary requirements regarding the capacity and experience, such investor shall submit an application for approval as an investor in accordance with Clause 3, Article 29 of the Investment Law and Point a, Clause 2, Article 30 of Decision No. 31/2021/NĐ-CP without having to determine the minimum price to be paid to the state budget as stipulated in Clause 2, Article 4 of this Circular.

3. The project company established by the winning bidder to implement the project in accordance with Clause 5, Article 57 of Decision No. 25/2020/NĐ-CP shall inherit the rights and obligations of implementing the investment project that the winning bidder has committed to in the bidding documents and must meet the conditions prescribed by the laws on enterprises, investment, construction, land, housing, real estate business, and related laws (if any).”

2. Repeal Clause 2 of Article 8.

3. Amend Clause 3 of Article 8 as follows:

"3. The list of land-involving investment projects shall be published on the National Procurement System within seven working days from the date the list of projects is approved (for projects not subject to approval of investment orientation under the law on investment) or from the date the preliminary requirements regarding the capacity and experience are approved (for projects subject to approval of investment orientation under the law on investment)."

Article 2. Amend certain Articles of Circular No. 10/2022/TT-BKHĐT dated June 15, 2022, issued by the Minister of Planning and Investment detailing the provision, publication of information, and selection of investors on the National Public Procurement System.

1. Repeal the phrase "the project must organize bidding in accordance with the specialized laws and laws on socialization" at Point a and Point b Clause 1 Article 1.

2. Repeal the phrases "project implementation registration dossier," "initial capability and experience requirements" at Article 10, Article 20.

3. Repeal the phrases "the unit assigned tasks by the competent authority for the project must organize bidding in accordance with the specialized laws and laws on socialization"; "the unit assigned evaluation tasks by the competent authority for the project must organize bidding in accordance with the specialized laws and laws on socialization" at Article 20, Article 27.

4. Amend Article 21 as follows:

"Article 21. Clarify, amend, replace, withdraw E-QT, E-DST, E-DKTHDA. Clarify E-QT, E-DST, E-DKTHDA:

1. Clarify E-QT, E-DST, E-DKTHDA:

a) The investor shall be responsible for:

- Clarifying E-QT, E-DST, E-DKTHDA according to the tenderer's requirements, Project Preparation Unit, Agency, or main unit receiving project proposal dossiers for PPP projects, Department of Planning and Investment, Management Board of economic zones for investment projects involving land use;

- Self-clarifying, supplementing legal status, capability, and experience documentation when the investor discovers that E-QT, E-DST, E-DKTHDA lack information or documents about their existing legal status, capability, and experience which were not submitted with the dossier.

b) Clarification of E-QT, E-DST for PPP projects, E-DKTHDA for investment projects involving land use shall be conducted through the System. All clarification requests and documents from the investor shall be processed through the System.

2. Amend, replace, withdraw E-QT, E-DST, E-DKTHDA:

a) After submission, the investor may amend, replace, or withdraw E-QT, E-DST, E-DKTHDA.

b) After the deadline for submitting E-QT, E-DST, E-DKTHDA has passed, the investor may not withdraw the submitted dossier."

5. Repeal Clause 3 Article 9; Point c Clause 1, Point c Clause 2, and Point c Clause 3 Article 10; Point b Clause 1 Article 20.

Article 3. Implementation Provisions

1. This Circular takes effect from July 26, 2024.

2. During the implementation of this Circular, if there are any difficulties, organizations and individuals related to it should report to the Ministry of Planning and Investment for guidance./.