Circular No. 12/2023/TT-BGTVT amends and supplements certain Articles of Circular No. 23/2021/TT-BGTVT dated November 5, 2021, issued by the Minister of Transport on guiding the establishment, approval, publication of project lists; methods and standards for evaluating tender documents and bidding to select investors for specialized aviation service works at airports.

CIRCULAR

AMENDMENTS AND SUPPLEMENTS TO CERTAIN ARTICLES OF CIRCULAR NO. 23/2021/TT-BGTVT DATED NOVEMBER 5, 2021 ISSUED BY THE MINISTER OF TRANSPORTATION GUIDING ON THE ESTABLISHMENT, APPROVAL, ANNOUNCEMENT OF PROJECT LIST; METHODS AND STANDARDS FOR EVALUATING BID DOCUMENTS AND TENDER SELECTION OF INVESTORS FOR AIRPORT SPECIAL SERVICES CONSTRUCTION PROJECTS AT AIRPORTS AND AIRFIELDS

Pursuant to the Civil Aviation Law of Vietnam dated June 29, 2006 and the Law Amending and Supplementing Some Articles of the Civil Aviation Law of Vietnam dated November 21, 2014;

Pursuant to the Law on Bidding dated November 26, 2013;

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

Pursuant to the Investment Law dated June 17, 2020;

BASED ON THE DECREE NO. 56/2022/ND-CP dated August 24, 2022 of THE GOVERNMENT stipulating the functions, tasks, powers, and organizational structure of THE MINISTRY OF TRANSPORT;

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. 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. 05/2021/NĐ-CP dated January 25, 2021 of the Government on management and operation of airports and airfields;

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;

At the proposal of the Director of the Infrastructure Department under the Ministry of Transport and the Director General of the Civil Aviation Administration of Vietnam;

The Minister of Transport hereby issues the Circular amending and supplementing certain articles of Circular No. 23/2021/TT-BGTVT dated November 5, 2021 issued by the Minister of Transport guiding on the establishment, approval, announcement of project list; methods and standards for evaluating bid documents and tender selection of investors for airport special services construction projects at airports and airfields.

Article 1. Amending and supplementing certain articles and Appendices of Circular No.

1. Unit prices for construction projects published by the People's Committee of the province in accordance with Clause 2, Article 26 of Decree No. 10/2021/NĐ-CP serve as the basis for determining and managing construction investment costs within the province. The unit prices for construction projects published by the People's Committee of the province are determined based on construction norms issued by competent authorities and the cost factors' prices specified in Clause 3, Clause 4, and Clause 5 of this Article, consistent with the time of determining the unit price for construction projects. Cost factors' prices include: material prices, labor unit prices, machinery and equipment rental prices.

"Article 8. Preparation and submission of project registration dossier

1. The investor shall be responsible for preparing and submitting the project registration dossier based on the information published according to Clause 2, Article 7 of this Circular. The investor's project registration dossier includes: A document registering the implementation of the project; dossier on legal status, capacity, and experience of the investor; other relevant documents (if any). The submission of the project registration dossier shall be carried out in accordance with Circular No. 10/2022/TT-BKHĐT dated June 15, 2022 of the Minister of Planning and Investment detailing the provision and publication of information and the selection of investors on the National Public Procurement System.

2. After the deadline for project registration, the Civil Aviation Administration of Vietnam shall organize an initial assessment of the capacity and experience of investors who have submitted the project registration dossier."

2. Amend Clause 2, Article 16 as follows:

"2. For operating airports and airfields, the minimum floor price for state budget submission (m₃) shall be determined according to the following formula:"

3. Supplement Clause 3, Article 16 as follows:

"3. For newly constructed airports and airfields that have been compensated and cleared by the State using state budget funds, the minimum floor price for state budget submission (m₃) shall be determined according to the following formula:

t s₃ = g x s

Where:

- g is the highest land valuation price for 1 m² approved by the competent People's Committee to calculate compensation when the State recovers land for airport and airfield construction investment (as of the date of approval of the tender invitation dossier for investor selection);

- s is the area of land for the project as stated in the "project land requirement" section in the project list dossier approved by the Ministry of Transport according to Article 6 of this Circular.

This value is determined relatively and serves as the basis for investors to propose state budget submission independently from the land rental fees required by the law on land."

4. Amend Clause 2, Section 6, Chapter I, Appendix II as follows:

"2. Investors submit the project registration dossier in accordance with Circular No. 10/2022/TT-BKHĐT dated June 15, 2022 of the Minister of Planning and Investment detailing the provision and publication of information and the selection of investors on the National Public Procurement System before ___ hours, ___ day, ___ month, ___ year ___ [Record the deadline for submission of the project registration dossier, ensuring a minimum of 30 days from the date the project list is published].”.

5. Amend Section 1.2 CDNĐT, Chapter II, Part 1, Appendix IV as follows:

"Estimated total cost of project implementation (m1): ___ [record the estimated total cost of project implementation approved in the project list].

- Estimated cost of compensation, support, and resettlement (m2): ___ [record the estimated cost of compensation, support, and resettlement for the area requiring support and resettlement as determined in Clause 2, Article 15 of this Circular].

- Minimum floor price for state budget submission (m3): ___ [record the minimum floor price for state budget submission as determined according to Clauses 2 and 3, Article 16 of this Circular].”.

Article 2. Effectiveness and Implementation

1. This Circular takes effect from June 29, 2023.

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