Circular No. 16/2024/TT-BGTVT stipulates the selection of investors to implement business investment projects for rest area facilities on expressways, including criteria for evaluating investment efficiency and methods for determining the minimum value to be paid to the state budget. The document applies to organizations and individuals related to this activity.
适用范围
Organizations and individuals related to the activity of selecting investors to implement business investment projects for rest area facilities managed by the Ministry of Transport
要点
- Organizations and individuals related to the selection of investors for rest area projects must comply with regulations on investment efficiency evaluation and methods for determining the value to be paid to the state budget (Article 3)
- Investment efficiency evaluation criteria: Rest area projects are evaluated based on the minimum monetary value standard to be paid to the state budget (Article 3.1)
- Method for determining the minimum value: Calculated based on the operation, management, and business duration of the facility and infrastructure system (Article 3.3)
- Effective date: This Circular takes effect from June 1, 2024, and replaces Circular No. 01/2023/TT-BGTVT
- Implementation procedures: Projects under the jurisdiction of provincial People's Committees may refer to the provisions of this Circular for implementation
🌐 本文件的社会影响
- Enhance transparency and competition in the selection of investors for rest area projects
- Establish specific standards for investment efficiency, helping regulatory bodies to conduct more objective evaluations
- May impose financial burdens on businesses when complying with new regulations on payments to the state budget
❓ 常见问题
To which projects does this Circular apply?
Applies to business investment projects for rest area facilities on expressways managed by the Ministry of Transport.
How are the investment efficiency evaluation criteria for rest area projects defined?
Projects must meet the minimum monetary value standard to be paid to the state budget as prescribed in Appendix I.
How is the method for determining the minimum value to be paid to the state budget calculated?
Minimum Value = n x (V : 49), where n is the period of operation, management, and business of the facility; V is the state budget payment value for projects with a 49-year land lease term.
Which circular does this replace?
Replaces Circular No. 01/2023/TT-BGTVT dated March 7, 2023, issued by the Minister of Transport.
When does this Circular take effect?
Takes effect from June 1, 2024.
全文
CIRCULAR
(vi) Agreement on the amount of reserve left behind and the deadline for selling the purchased cash foreign currency to the authorized credit institution. On certain matters regarding the selection of investors for implementing investment projects to operate rest area facilities on expressways as stipulated in the Law on Public Investment dated November 13, 2008
________________
Pursuant to the Law and the Law on Bidding dated June 23, 2023;
Pursuant to the Investment Law dated June 17, 2020;
On the basis of Pursuant to Decree No. 56/2022/NĐ-CP dated August 24, 2022 of the Government detailing the functions, tasks, powers, and organizational structure of the Ministry of Transport;;
Pursuant to Decree No. 32/2014/NĐ-CP dated April 22, 2014 of the Government on management, operation, and maintenance of expressway works;
Pursuant to Decree No. 25/2023/NĐ-CP dated May 19, 2023 of the Government amending and supplementing certain articles of Decree No. 32/2014/NĐ-CP dated April 22, 2014 of the Government on management, operation, and maintenance of expressway works;
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 Law on Investment;
of the Government detailing certain provisions and measures for the implementation of the Law on Bidding on the selection of investors for implementing projects that must be organized through bidding in accordance with the laws governing sectors and fields;;
Decree No. 23/2024/NĐ-CP dated 27 the 2 December 2024 Director of the Infrastructure Department and;
At the proposal of Vietnam Expressway Administration This Circular stipulates the organization of the selection of outstanding rural industrial products; the rights and responsibilities of agencies, organizations, and individuals related to the activity of organizing the selection of outstanding rural industrial products. On certain matters regarding the selection of investors for implementing investment projects to operate rest area facilities.;
The Minister of Transport hereby issues this Circular. stipulating This Circular stipulates the evaluation of the effectiveness of investment development in sectors and fields in the selection of investors for implementing investment projects to operate rest area facilities, which are specialized transportation service works under the management of the Ministry of Transport, including mixed functional areas serving public purposes and commercial trade activities.
This Circular applies to organizations and individuals related to the activity of selecting investors for implementing investment projects to operate rest area facilities under the management of the Ministry of Transport.
Article 3. Evaluation of the effectiveness of investment development in sectors and fields of investment projects to operate rest area facilities
1. The criteria for evaluating the effectiveness of investment development in sectors and fields of investment projects to operate rest area facilities shall be based on the minimum value in monetary terms paid to the state budget as stipulated in Clause 2, Article 47 of Decree No. 23/2024/NĐ-CP dated February 27, 2024 of the Government detailing certain provisions and measures for the implementation of the Law on Bidding on the selection of investors for implementing projects that must be organized through bidding in accordance with the laws governing sectors and fields.
2. The score for evaluating the effectiveness in sectors and fields of investment projects to operate rest area facilities shall be determined according to the minimum value in monetary terms paid to the state budget as specified in Appendix I attached hereto.
3. The method for determining the minimum value in monetary terms paid to the state budget shall be calculated using the following formula:
G = n x (V : 49)
ofNLTT Where: G
: The minimum value in monetary terms paid to the state budgetNLTTn: the operating and management period of the facility and infrastructure system, determined based on information published about the project's duration and progress.
V: the amount paid to the state budget for projects with a land lease term of 49 years, calculated according to the formula prescribed in the guidance provided in Appendix II attached hereto.
1. This Circular takes effect from June 1, 2024.
Article 4. Effective date
2. Circular No. 01/2023/TT-BGTVT dated March 7, 2023 of the Minister of Transport guiding the preparation, approval, and publication of the project list; methods and criteria for evaluating tender documents and proposal documents in bidding to select investors for specialized transportation service works on expressways shall cease to be effective from the date this Circular takes effect.
3. In cases where legal regulations cited in this Circular are amended, supplemented, or replaced, the provisions of the amended, supplemented, or replacing legal regulations shall apply.
1. For investment projects to operate rest area facilities under the management authority of provincial People's Committees directly under the central government, they may refer to the provisions of this Circular to organize implementation but must comply with the bidding laws and relevant laws to ensure competitive, fair, transparent, and economically efficient objectives.
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.
2. The Director of the Ministry's Office, the Inspector General, the Heads of Departments, the Heads of the Investment and Construction Management Department, the Heads of the Vietnam Highway Administration, the Heads of the Vietnam Expressway Administration, and the Heads of other agencies, organizations, and individuals concerned are responsible for implementing this Circular./.
2. The Director of the Ministry's Office, the Inspector General of the Ministry, the Heads of the Departments, the Directors of the Investment and Construction Management Agency, the Directors of the Vietnam Highway Administration, the Directors of the Vietnam Expressway Administration, and the Heads of other agencies, organizations, and individuals related to this Circular shall be responsible for its implementation./.
DEPUTY MINISTER
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