Circular No. 16/2016/TT-BKHĐT guiding the preparation of prequalification documents and tender documents for selecting investors to implement investment projects using land.

CIRCULAR

Guidelines for preparing tender invitation documents and bidding documents to select investors for investment projects using land

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

Pursuant to DecreeNo. 116/2008/NĐ-CP dated November 14, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Planning and Investment;

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

 of the Tender Management Department, the Minister of Planning and Investment issues this Circular guiding the preparation of tender invitation documents and bidding documents to select investors for investment projects using land.intentionandof the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home Affairs and Investment issues this Circular guiding the preparation of tender invitation documents and bidding documents to select investors for investment projects using land.ầThis Circular guides the preparation of tender invitation documents and bidding documents for investment projects using land within the scope regulated by Clause 3, Article 1 of the Law on Bidding No. 43/2013/QH13 and Point b, Clause 1, Decree No. 30/2015/NĐ-CP as follows:

Article 1. Scope of Regulation

1. Model of tender invitation document for selecting investors for investment projects using land (Model No. 01) applies to investment projects using land that conduct preliminary selection of investors as prescribed in Article 16 of Decree No. 30/2015/NĐ-CP.

2. Model of bidding invitation document for selecting investors for investment projects using land (Model No. 02) applies to investment projects using land that have completed the preliminary selection process.

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

Article 2. Applicability

Article 3. Principles for applying tender invitation document models and bidding invitation document models for selecting investors for investment projects using land

1. Based on the scale, nature, and field of each specific project, the competent authority may supplement appropriate requirements while ensuring principles of competition, fairness, transparency, and economic efficiency during the preparation, review, and approval of tender invitation documents and bidding invitation documents; ensuring compliance with laws on bidding; not applying conditions that restrict investor participation or create advantages for one or some investors causing unfair competition.

2. For projects not conducting preliminary selection as prescribed in Article 16 and Clause 2, Article 87 of Decree No. 30/2015/NĐ-CP, the bidding invitation document shall be prepared based on Model No. 02, supplemented with requirements and evaluations of investor capacity and experience as specified in Model No. 01.

3. For projects applying direct award as prescribed in Point a, Clause 3, Article 9 of Decree No. 30/2015/NĐ-CP, the request document shall be prepared based on Model No. 02, excluding content about evaluation criteria for investor capacity and experience and ranking of investors meeting financial-commercial requirements but must include content requiring investors to update information on their capacity and experience.

4. For projects applying direct award as prescribed in Points b, c, Clause 3, Article 9 of Decree No. 30/2015/NĐ-CP, the request document shall be prepared based on Model No. 02, supplemented with requirements and evaluations of investor capacity and experience as specified in Model No. 01.

5. In the Models issued along with this Circular, italicized text represents guidance and illustrative content which will be concretized by users based on the scale, nature, and field of each specific project.

5. In the Forms issued along with this Circular, italicized text represents guiding and illustrative content, which users shall concretize based on the scale, nature, and field of each project.

Article 4. Contract

Based on the nature, scale, and field of each specific project, the tenderer shall draft the contract in accordance with the guidelines set forth in this Circular and attach it to the tender documentation, detailing the provisions of the contract for preliminary negotiations, discussions, completion, signing, and implementation of the contract by the parties.

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 February 6, 2017. This Circular replaces Circular No. 03/2009/TT-BKHĐT dated April 16, 2009, issued by the Ministry of Planning and Investment guiding the selection of investors to implement investment projects using land.

2. Ministries, ministerial-level agencies, central agencies under the Government, other central agencies, People's Committees at all levels, and related organizations and individuals are responsible for implementing this Circular. In the course of implementation, if there are any difficulties, the relevant ministries, ministerial-level agencies, central agencies under the Government, other central agencies, People's Committees at all levels, and related organizations and individuals are requested to submit their comments to the Ministry of Planning and Investment for timely guidance./.