Circular No. 15/2016/TT-BKHĐT guides the preparation of prequalification bid documents and tender invitation documents for selecting investors to implement public-private partnership (PPP) projects.

CIRCULAR

Guidelines for preparing tender invitation documents and prequalification documents to select investors for public-private partnership projects

implementing investment projects under the public-private partnership model

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Pursuant to the Law on Bidding No. 43/2013/QH13 dated November 26, 2013;

Pursuant to Decree No. 15/2015/NĐ-CP dated February 14, 2015 of the Government on public-private partnership investment;

Pursuant to Decree No. 30/2015/NĐ-CP dated March 17, 2015 of the Government detailing the implementation of certain provisions of the Bidding Law regarding the selection of investors;

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

At the proposal of the Director of the Tender Management Department, the Minister of Planning and Investment issues this Circular guiding the preparation of tender invitation documents and prequalification documents to select investors for public-private partnership projects.

Article 1. Scope of Regulation

This Circular guides the preparation of tender invitation documents and prequalification documents for public-private partnership (PPP) projects within the scope regulated by Clause 3, Article 1 of the Law on Bidding No. 43/2013/QH13 as follows:

1. The template for the prequalification document to select investors for PPP projects (Template No. 01) applies to national-level PPP projects, Group A, and Group B projects.

2. The template for the tender invitation document to select investors for PPP projects (Template No. 02) applies to national-level PPP projects, Group A, and Group B projects that have undergone prequalification.

Article 2. Applicability

This Circular applies to agencies, organizations, and individuals participating in or related to the activity of selecting investors for PPP projects within the scope regulated by Article 1 of this Circular.

Article 3. Application of prequalification and tender invitation templates to select investors for PPP projects investor implements the investment project under the PPP form

1. Based on the scale, nature, and field of each specific project, the authorized person or the tenderer may supplement appropriate requirements while ensuring the principles of competition, fairness, transparency, and economic efficiency during the preparation, review, and approval of prequalification and tender invitation documents; ensuring compliance with bidding laws; not applying conditions that limit investor participation or create advantages for one or several investors leading to unfair competition.

2. For projects that do not conduct prequalification as stipulated in Clause 2, Article 87 of Decree No. 30/2015/NĐ-CP dated March 17, 2015, the tender invitation document shall be prepared based on Template No. 02, supplemented with requirements and evaluations regarding the capacity and experience of investors as specified in Template No. 01.

3. For Group C projects, the tender invitation document shall be prepared based on Template No. 02, supplemented with requirements and evaluations regarding the capacity and experience of investors as specified in Template No. 01. In cases where the authorized person decides to apply prequalification, the prequalification and tender invitation documents shall be prepared based on Templates No. 01 and No. 02.

4. For projects applying direct award as stipulated at point a, Clause 3, Article 9 of Decree No. 30/2015/NĐ-CP, the request for proposal shall be prepared based on Template No. 02.

5. For projects applying direct award as stipulated at points b and c, Clause 3, Article 9 of Decree No. 30/2015/NĐ-CP, the request for proposal shall be prepared based on Template No. 02, supplemented with requirements and evaluations regarding the capacity and experience of investors as specified in Template No. 01.

6. In these Templates, the text marked withitalicizedis illustrative content and will be detailed based on the scale, nature, and field of each specific project.

Article 4. Contract

Based on general guidelines on the content of project contracts according to the law on PPP investment, taking into account the nature, scale, and field of each specific project, the authorized person or the tenderer shall draft the contract and attach it to the tender invitation document. The draft contract specifies the terms of the contract to serve as a basis for preliminary negotiations, negotiations, finalization, signing of investment agreements, signing and implementation of the contract, ensuring clear allocation of responsibilities, risks, rights, and legitimate interests of the parties according to current laws.

State-owned enterprises that have been assigned by the Ministry of Agriculture and Rural Development to conduct offshore wind power project surveys before the effective date of this Circular shall continue to implement according to the assigned documents; any new matters arising after the effective date of this Circular shall be implemented in accordance with the provisions of this Circular.

1. This Circular takes effect from November 15, 2016. This Circular replaces the provisions on investor selection in Circular No. 03/2011/TT-BKHĐT dated January 27, 2011 of the Ministry of Planning and Investment guiding the implementation of certain provisions of Decree No. 108/2009/NĐ-CP dated November 27, 2009 of the Government on BOT, BTO, and BT investment models.

2. During implementation, if there is a need to issue detailed guidance based on the characteristics and fields, relevant ministries and sectors shall coordinate with the Ministry of Planning and Investment to promptly consider and provide guidance.

3. Ministries, ministerial-level agencies, central-level agencies, central-level organizations, People's Committees at all levels, and related organizations and individuals are responsible for implementing this Circular. Any difficulties encountered during implementation should be reported to the Ministry of Planning and Investment for timely guidance.