Decree No. 225/2025/NĐ-CP Amending and supplementing certain articles of decrees detailing some provisions and implementing measures of the Law on Bidding regarding the selection of investors

"2. THE INVITING PARTY IS AN ORGANIZATION, UNIT BELONGING TO, UNDER THE MINISTRY, AGENCY AT THE MINISTERIAL LEVEL, THE PEOPLE'S COMMITTEE OF THE PROVINCE; AN ORGANIZATION, UNIT UNDER THE ZONE MANAGEMENT BOARD (FOR PROJECTS IMPLEMENTED IN THE ZONE); THE PEOPLE'S COMMITTEE OF THE COMMUNE OR ANOTHER AUTHORIZED BODY ACCORDING TO INDUSTRY AND SECTOR LEGISLATION, WHICH IS RESPONSIBLE FOR IMPLEMENTING THE PROCEDURE FOR INVITING INTEREST.";

"4a. THE REQUEST DOCUMENT IS THE ENTIRE SET OF DOCUMENTS USED FOR THE DIRECT ASSIGNMENT OF INVESTORS, INCLUDING REQUIREMENTS FOR IMPLEMENTING THE BUSINESS INVESTMENT PROJECT AS THE BASIS FOR INVESTORS TO PREPARE THE PROPOSAL DOCUMENT AND FOR THE INVITING PARTY TO ORGANIZE THE EVALUATION OF THE PROPOSAL DOCUMENT.";

"c) Investors who are science and technology enterprises; innovative start-up enterprises, organizations supporting innovative start-ups recognized by competent authorities; innovation centers; organizations and enterprises that have been granted certificates as high-tech enterprises, high-tech incubation bases, start-up enterprises, newly established enterprises from high-tech production investment projects according to the laws on high technology shall enjoy a preferential rate of 5% when evaluating tender documents;

"c) INVESTORS WHO ARE SCIENCE AND TECHNOLOGY ENTERPRISES; STARTUP ENTERPRISES RECOGNIZED BY COMPETENT AUTHORITIES; INNOVATION CENTERS; ORGANIZATIONS AND ENTERPRISES THAT HAVE BEEN ISSUED HIGH-TECH ENTERPRISE CERTIFICATES, HIGH-TECH INCUBATOR CERTIFICATES, HIGH-TECH ENTERPRISE INCUBATOR CERTIFICATES, NEW HIGH-TECH ENTERPRISES ESTABLISHED FROM HIGH-TECH INVESTMENT PROJECTS ACCORDING TO THE HIGH-TECH LAW SHALL ENJOY A 5% DISCOUNT WHEN EVALUATING TENDER DOCUMENTS;";

"1. In case there is a complaint about the result of selecting investors resolved by the authorized authority, the investor is responsible for submitting the cost of resolving the complaint to the standing office assisting the Complaint Resolution Council simultaneously with the complaint form."

"1. IN CASE THERE IS A COMPLAINT ABOUT THE SELECTION RESULTS OF INVESTORS TO BE RESOLVED BY THE AUTHORIZED BODY, THE INVESTOR SHALL BE RESPONSIBLE FOR SUBMITTING THE COST OF COMPLAINT RESOLUTION TO THE STANDING ASSISTANT DEPARTMENT OF THE COMMISSION FOR COMPLAINT RESOLUTION SIMULTANEOUSLY WITH THE COMPLAINT.";

"4. FOR PROJECTS APPLYING THE DIRECT ASSIGNMENT OF INVESTORS FORM OR THE SELECTION OF INVESTORS IN SPECIAL CASES, THE SELECTION PROCEDURE AND PROCEDURES SHALL BE CONDUCTED IN ACCORDANCE WITH THE GOVERNMENT DECREE PROVIDING DETAILS ON SOME PROVISIONS AND MEASURES FOR IMPLEMENTATION OF THE BID LAW REGARDING SELECTION OF INVESTORS FOR INVESTMENT PROJECTS USING LAND.";

"c) THE MINISTRY, THE AGENCY AT THE MINISTERIAL LEVEL, THE PROVINCE PEOPLE'S COMMITTEE, THE ZONE MANAGEMENT BOARD SHALL ASSIGN THE ORGANIZATION, UNIT BELONGING TO, UNDER THE MINISTRY, THE AGENCY AT THE MINISTERIAL LEVEL, THE PROVINCE PEOPLE'S COMMITTEE, THE ZONE MANAGEMENT BOARD OR THE COMMUNE PEOPLE'S COMMITTEE TO POST INFORMATION ON THE BUSINESS INVESTMENT PROJECT ON THE NATIONAL E-BIDDING SYSTEM PRIOR TO THE BIDDING SELECTION OF INVESTORS.";

"5. THE MINISTRY, THE AGENCY AT THE MINISTERIAL LEVEL, THE PROVINCE PEOPLE'S COMMITTEE, THE ZONE MANAGEMENT BOARD SHALL ASSIGN THE ORGANIZATION, UNIT BELONGING TO, UNDER THE MINISTRY, THE AGENCY AT THE MINISTERIAL LEVEL, THE PROVINCE PEOPLE'S COMMITTEE, THE ZONE MANAGEMENT BOARD OR THE COMMUNE PEOPLE'S COMMITTEE TO POST THE MONITORING TABLE OF THE IMPLEMENTATION OF ACTIVITIES SELECTING INVESTORS APPROVED ON THE NATIONAL E-BIDDING SYSTEM PRIOR TO THE BIDDING SELECTION OF INVESTORS.";

"3. The authorized person shall instruct agencies, organizations, units under, directly under ministries, ministerial-level agencies, provincial People's Committees; People's Committees at the commune level to act as inviting parties."

"1. Investors prepare and submit registration documents for project implementation to the National E-Bidding System according to the requirements of the invitation to interested parties. The minimum preparation time for the registration documents for project implementation is 20 days from the first day of issuance of the invitation to interested parties to the closing date."

"1. THE INVESTOR SHALL PREPARE AND SUBMIT THE APPLICATION DOCUMENT FOR IMPLEMENTING THE PROJECT TO THE NATIONAL E-BIDDING SYSTEM ACCORDING TO THE REQUIREMENTS OF THE INVITATION DOCUMENT. THE MINIMUM TIME FOR PREPARING THE APPLICATION DOCUMENT IS 20 DAYS COUNTING FROM THE FIRST DAY OF ISSUE OF THE INVITATION DOCUMENT TO THE CLOSING DATE.";

"Article 45. Criteria for assessing capacity"

In cases where the laws governing industries and sectors stipulate that investors must have experience in similar projects, the inviting party, specialized team shall determine the criteria for assessing experience in similar projects in the tender documents in accordance with the laws governing industries and sectors."

IN CASE THE INDUSTRY AND SECTOR LEGISLATION REQUIRES THE INVESTOR TO HAVE EXPERIENCE IN SIMILAR PROJECTS, THE INVITING PARTY, THE EXPERT TEAM SHALL DETERMINE THE CRITERIA FOR EVALUATING SIMILAR PROJECT EXPERIENCE IN THE INVITATION DOCUMENT ACCORDING TO THE INDUSTRY AND SECTOR LEGISLATION.";

"b) The transferee investor must meet the conditions for operation according to the laws applicable to each type of economic organization, investment laws, enterprise laws, land laws, real estate business laws, and laws governing industries and sectors; must assume the rights and obligations of implementing the investment project committed by the transferring investor in the tender documents and project contract."

"b) THE TRANSFEREE INVESTOR MUST SATISFY THE OPERATING CONDITIONS ACCORDING TO THE LAWS APPLICABLE TO EACH TYPE OF ECONOMIC ORGANIZATION, INVESTMENT LAWS, BUSINESS LAWS, LAND LAWS, REAL ESTATE BUSINESS LAWS, AND INDUSTRY AND SECTOR LAWS; MUST TAKE OVER THE RIGHTS AND OBLIGATIONS OF IMPLEMENTING THE INVESTMENT PROJECT AS COMMITTED BY THE TRANSFEROR INVESTOR IN THE TENDER DOCUMENT AND THE PROJECT CONTRACT.";

"c) FROM THE DATE OF PROJECT OPERATION, THE TRANSFER OF SHARES, CAPITAL CONTRIBUTIONS SHALL BE CONDUCTED IN ACCORDANCE WITH THE BUSINESS LAWS AND LAWS APPLICABLE TO EACH TYPE OF ECONOMIC ORGANIZATION WITHOUT NEEDING TO SATISFY THE CONDITIONS PROVIDED IN POINTS a AND b OF THIS CLAUSE.";

"5. The transfer of investment business projects, the transfer of shares, or contributions in economic organizations as prescribed in Clauses 3 and 4 of this Article must be stipulated in the contract."

Based on the provisions of the contract, the authorized person examines and approves the proposal to transfer investment business projects, transfer shares, or contributions in economic organizations.

In case of approval for the transfer, the authorized person instructs the tenderer to review, amend, and supplement the contents of the contract."

"3. APPROVE THE INVITATION DOCUMENT OR DELEGATE THE HEAD OF THE ORGANIZATION, UNIT BELONGING TO, UNDER THE MINISTRY, THE AGENCY AT THE MINISTERIAL LEVEL, THE PROVINCE PEOPLE'S COMMITTEE, THE ZONE MANAGEMENT BOARD; THE COMMUNE PEOPLE'S COMMITTEE TO APPROVE THE INVITATION DOCUMENT.";

"Article 55. Responsibilities of agencies, organizations, units under ministries, ministerial-level agencies, provincial People's Committees; People's Committees at the commune level"

16. Amend and supplement some clauses of Article 56 as follows:

"2. The appraisal team consists of independent agencies, organizations, units from those under ministries, ministerial-level agencies, Economic Zone Management Boards assigned tasks by the authorized person, including:"

a) THE ORGANIZATION, UNIT BELONGING TO, UNDER THE MINISTRY, THE AGENCY AT THE MINISTERIAL LEVEL, THE ZONE MANAGEMENT BOARD FOR PROJECTS APPROVED BY THE MINISTER, THE HEAD OF THE AGENCY AT THE MINISTERIAL LEVEL, THE ZONE MANAGEMENT BOARD FOR THE INVITATION DOCUMENT AND SELECTION RESULTS OF INVESTORS, EXCEPT FOR THE CASES PROVIDED IN CLAUSE 3 OF THIS ARTICLE;

b) THE PROVINCE FINANCE DEPARTMENT FOR PROJECTS APPROVED BY THE CHAIRMAN OF THE PROVINCE PEOPLE'S COMMITTEE FOR THE INVITATION DOCUMENT AND SELECTION RESULTS OF INVESTORS, EXCEPT FOR THE CASES PROVIDED IN CLAUSE 3 OF THIS ARTICLE.

If necessary, the authorized person may consider and decide to establish an appraisal team consisting of individuals with relevant expertise and experience from agencies, organizations, units under their jurisdiction."

17. Amend and supplement some clauses of Article 57 as follows:

"5. IN CASE TWO OR MORE INVESTORS HAVE THE SAME HIGHEST TOTAL SCORE AFTER THE TENDER DOCUMENT EVALUATION, THE INVESTOR WITH GREATER EXPERIENCE IN SIMILAR PROJECTS SHALL BE PREFERRED FOR CONSIDERATION AND RECOMMENDATION FOR WINNING THE BID. IF THE INVESTORS HAVE THE SAME EXPERIENCE IN SIMILAR PROJECTS, THE INVESTOR WITH HIGHER SCORE IN INDUSTRY AND SECTOR DEVELOPMENT EFFECTIVENESS SHALL BE PREFERRED FOR CONSIDERATION AND RECOMMENDATION FOR WINNING THE BID.";

"9d. IN CASE THE INVESTOR IS IN THE PROCESS OF BIDDING BUT IS MERGED, THE INVESTOR AFTER THE MERGER SHALL CONTINUE TO PARTICIPATE IN THE BIDDING AND INHERIT THE BIDDING CAPACITY OF THE MERGED INVESTOR.";

"1. Authority to inspect bidding activities for selecting investors:"

a) The Ministry of Finance organizes inspections of investor selection activities at ministries, ministerial-level agencies, and localities within its functions and authorities or upon request of the Prime Minister;"

b) Sectoral management agencies implement inspections of investor selection activities for projects within their management scope;"

c) For projects where the ministry, agency at the ministerial level is the authority deciding to organize the bidding process to select investors, the Minister or Head of the agency at the ministerial level shall assign an organization, entity, or unit responsible for managing bidding activities to organize the inspection of the bidding process to select investors.

d) For projects within the management scope of localities, the Department of Finance organizes inspections of investor selection activities."

19. Amend and supplement some points and clauses of Article 59 as follows:

“b) The Chairman of the Provincial People's Committee shall be in charge and organize supervision over the bidding process to select investors for projects where he/she has jurisdiction within the management area. The Department of Finance shall be responsible for assisting the Chairman of the Provincial People's Committee in organizing supervision over the bidding process to select investors at the local level.”

“c) The authority shall entrust individuals or units under their direct control with expertise in bidding, independent from the tenderer, expert group, and evaluation team, to conduct oversight of the bidding process for all projects applying the method of designating investors, selecting investors in special cases, or certain other projects when necessary.”

"3a. Responsibilities of individuals or units performing supervision of bidding activities:"

a) Be honest and impartial; do not cause inconvenience to the tenderer, expert group, and appraisal team during the supervision process;"

b) Require the tenderer, expert group, and appraisal team to provide relevant documents and materials for the supervision process;"

c) Receive information reflecting the bidding process of the project being supervised from investors and related organizations and individuals;"

d) Maintain confidentiality according to the law;"

đ) Bear responsibility for the results of their supervision;"

e) Fulfill other responsibilities as prescribed by laws on bidding and other relevant laws."

20. Amend and supplement some clauses of Article 60 as follows:

Article 2. Amending and supplementing some articles of Decree No. 115/2024/NĐ-CP dated September 16, 2024 of the Government detailing some provisions and measures to implement the Law on Bidding regarding the selection of investors to implement investment projects using land.

1. Amending and supplementing some points and clauses of Article 1 as follows:

“4. Conditions regarding the capacity and experience of members of the expert group and evaluation team; connection and sharing of information between the National Public Procurement Network System and other information systems; state management of bidding shall be carried out according to corresponding regulations stipulated in the Government's Decree detailing some provisions and measures to implement the Law on Bidding concerning the selection of contractors.”

"2. The inviting party is an agency, organization, unit under, directly under a ministry, ministerial-level agency, provincial People's Committee; unit directly under the Management Board of an economic zone (for projects implemented in an economic zone); People's Committee at the commune level or another agency as prescribed by the laws governing industries and sectors, which is entrusted to carry out the procedure of inviting interested parties."

“2. The interested party is an agency, organization, unit under or directly under a ministry, agency at the ministerial level, provincial people's committee; agency or unit under the management board of an economic zone (for projects implemented in an economic zone); commune people's committee or another agency as prescribed by law managing the sector or field assigned to carry out the procedure to invite interest.”

"4a. THE REQUEST DOCUMENT IS THE ENTIRE SET OF DOCUMENTS USED FOR THE DIRECT ASSIGNMENT OF INVESTORS, INCLUDING REQUIREMENTS FOR IMPLEMENTING THE BUSINESS INVESTMENT PROJECT AS THE BASIS FOR INVESTORS TO PREPARE THE PROPOSAL DOCUMENT AND FOR THE INVITING PARTY TO ORGANIZE THE EVALUATION OF THE PROPOSAL DOCUMENT.";

"c) Investors who are science and technology enterprises; innovative start-up enterprises, organizations supporting innovative start-ups recognized by competent authorities; innovation centers; organizations and enterprises that have been granted certificates as high-tech enterprises, high-tech incubation bases, start-up enterprises, newly established enterprises from high-tech production investment projects according to the laws on high technology shall enjoy a preferential rate of 5% when evaluating tender documents;

3. Amending and supplementing some points and clauses of Article 4 as follows:

"c) INVESTORS WHO ARE SCIENCE AND TECHNOLOGY ENTERPRISES; STARTUP ENTERPRISES RECOGNIZED BY COMPETENT AUTHORITIES; INNOVATION CENTERS; ORGANIZATIONS AND ENTERPRISES THAT HAVE BEEN ISSUED HIGH-TECH ENTERPRISE CERTIFICATES, HIGH-TECH INCUBATOR CERTIFICATES, HIGH-TECH ENTERPRISE INCUBATOR CERTIFICATES, NEW HIGH-TECH ENTERPRISES ESTABLISHED FROM HIGH-TECH INVESTMENT PROJECTS ACCORDING TO THE HIGH-TECH LAW SHALL ENJOY A 5% DISCOUNT WHEN EVALUATING TENDER DOCUMENTS;";

d) Foreign investors who commit to transferring technology to domestic investors or partners shall enjoy a preferential rate of 2% when evaluating tender documents.”

"1. IN CASE THERE IS A COMPLAINT ABOUT THE SELECTION RESULTS OF INVESTORS TO BE RESOLVED BY THE AUTHORIZED BODY, THE INVESTOR SHALL BE RESPONSIBLE FOR SUBMITTING THE COST OF COMPLAINT RESOLUTION TO THE STANDING ASSISTANT DEPARTMENT OF THE COMMISSION FOR COMPLAINT RESOLUTION SIMULTANEOUSLY WITH THE COMPLAINT.";

9. Amending and supplementing some clauses of Article 11 as follows:

“c) Ministries, agencies at the ministerial level, provincial people's committees, management boards of economic zones shall instruct subordinate agencies, organizations, units or commune people's committees to post information about investment projects using land on the National Public Procurement Network System before organizing the bidding process to select investors.”

"5. THE MINISTRY, THE AGENCY AT THE MINISTERIAL LEVEL, THE PROVINCE PEOPLE'S COMMITTEE, THE ZONE MANAGEMENT BOARD SHALL ASSIGN THE ORGANIZATION, UNIT BELONGING TO, UNDER THE MINISTRY, THE AGENCY AT THE MINISTERIAL LEVEL, THE PROVINCE PEOPLE'S COMMITTEE, THE ZONE MANAGEMENT BOARD OR THE COMMUNE PEOPLE'S COMMITTEE TO POST THE MONITORING TABLE OF THE IMPLEMENTATION OF ACTIVITIES SELECTING INVESTORS APPROVED ON THE NATIONAL E-BIDDING SYSTEM PRIOR TO THE BIDDING SELECTION OF INVESTORS.";

“a) The evaluation of tender documents includes assessing the investor's capacity; business plan evaluation; land use efficiency; industry, sector, and locality development efficiency;”

13. Amending and supplementing some clauses of Article 37 as follows:

“3. The authority having the power to instruct ministries, ministerial-level agencies, provincial People's Committees, Management Boards of economic zones; district-level People's Committees to act as the inviting party.”

“5. Ministries, agencies at the ministerial level, provincial people's committees, management boards of economic zones shall instruct subordinate agencies, organizations, units or commune people's committees to post information and invite interest on the National Public Procurement Network System.”

“4. Preliminary criteria for evaluating the capacity of investors include:

b) For investment projects involving the renovation and reconstruction of apartment buildings, in addition to the standards prescribed in point a of this clause, the preliminary assessment criteria include requirements regarding the preliminary compensation and resettlement plan in accordance with laws on housing.

c) For investment projects planned to be implemented on land with attached assets, the invitation to show interest shall specify the value of the attached assets (in case of sale) or the remaining value of the assets (in case of demolition or cancellation) in accordance with laws on the management and use of public assets.

Investors must commit in their project implementation registration application to pay the amount equivalent to the value of the assets determined in the invitation to show interest if they are approved as the investor implementing the project in accordance with laws on investment. This value is independent of the obligation to pay land use fees, land lease fees, and other financial obligations of the investor to the State budget as prescribed by law.”

"1. THE INVESTOR SHALL PREPARE AND SUBMIT THE APPLICATION DOCUMENT FOR IMPLEMENTING THE PROJECT TO THE NATIONAL E-BIDDING SYSTEM ACCORDING TO THE REQUIREMENTS OF THE INVITATION DOCUMENT. THE MINIMUM TIME FOR PREPARING THE APPLICATION DOCUMENT IS 20 DAYS COUNTING FROM THE FIRST DAY OF ISSUE OF THE INVITATION DOCUMENT TO THE CLOSING DATE.";

“Article 44a. Investment projects applying the method of selecting investors in special cases

a) Projects that require urgent implementation to ensure timely completion in accordance with directives in Government Resolutions, Decisions, Directives, announcements of opinions of Government leaders, resolutions of the Provincial Party Committees, central city party committees, announcements of opinions and conclusions of the Standing Committees of provinces and central cities, resolutions of the Provincial People's Councils.

b) Projects that need immediate implementation to ensure connectivity and synchronization of technical infrastructure among works within the project in accordance with directives in National Assembly Resolutions, Government Resolutions, Decisions, Directives, announcements of opinions of Government leaders, resolutions of the Provincial Party Committees, central city party committees, announcements of opinions and conclusions of the Standing Committees of provinces and central cities, resolutions of the Provincial People's Councils to meet requirements for effective management, operation, and continuous operation of synchronized works.

c) Nuclear power plant construction projects in accordance with laws on atomic energy;

“Article 44b. Procedures and processes for selecting investors in special cases

2. The procedures for selecting investors in special cases shall be carried out as follows:

a) For projects within the jurisdiction of approval of investment orientation by the National Assembly, Prime Minister, after the project receives approval of investment orientation, the competent authority shall assign an organization, entity, or unit under its direct control (hereinafter referred to as the specialized agency) to examine and assess the financial capacity and conditions for implementing the project by the investor according to the approved investment orientation project. The content of the assessment is stipulated in point c of this clause. Based on the report of the specialized agency, the competent authority decides on the investor selected in special cases.

b) For projects within the jurisdiction of approval of investment orientation by the provincial people's committee or projects not subject to approval of investment orientation, the competent authority shall examine and assess the financial capacity and conditions for implementing the project by the investor according to the provisions of point c of this clause during the process of reviewing the proposal for approval of investment orientation or examining the project proposal. The competent authority approves the investment orientation while approving the investor (for projects subject to approval of investment orientation) or approves the information on the project while approving the investor selected in special cases.

c) The examination of the financial capacity and conditions for implementing the project of the investor as stipulated in points a and b of this clause includes the following contents:

c.2) The ability to implement construction, operation, business, exploitation, and management plans for works in accordance with the project's investment orientation, meeting requirements for progress, quality, investment efficiency, or other special conditions of the project.

c.3) Other requirements determined by competent authorities.

In the event that a contract is not signed, the decision to select an investor in special cases as stipulated in Clause 2 of this Article shall simultaneously be the decision to approve the investor in accordance with laws on investment.

4. For projects that must be implemented immediately to meet urgent and important requirements for economic and social development, national defense, and security as directed in resolutions, conclusions, and guiding documents of the Central Committee of the Communist Party of Vietnam, the Politburo, the Secretariat, and the leading cadres of the Party and State, the selection of investors shall be carried out as follows:

a) The investor prepares a project dossier containing the contents specified in point b of this clause and submits it to agencies, organizations, units under the Ministry of National Defense and the Ministry of Public Security for examination and evaluation in accordance with the provisions of point c of this clause. In cases where the investor has already prepared a dossier to seek approval for the investment orientation according to the law on investment, such dossier shall be submitted instead of the dossier prescribed in point b of this clause;

b) The project dossier includes: A preliminary proposal for the project containing information about the objectives, scale, total investment capital, land area used, time frame and progress of the project implementation, investment, construction, operation, business, exploitation, management plans for the works, mechanisms, and policies for implementing the project, including proposals for applying special methods of selecting investors to implement the project, any incentives and investment guarantees (if applicable); a dossier of capacity including the following contents: An overview of the main business fields of the investor; the owner's equity of the investor and their ability to arrange funds, introduction of projects and works already implemented (if any); commitments regarding the investor's responsibility for arranging capital, meeting the requirements for progress and quality of construction works, using natural resources and land, labor, and fulfilling social responsibilities, technology transfer, commitments to fulfill obligations during the operation and exploitation phases, any commitments to meet specific project requirements (if any), and other related commitments;

c) The evaluation contents include: The suitability of the preliminary project proposal with planning, construction orientation, and specific criteria for selecting investors determined by the Ministry of National Defense and the Ministry of Public Security; the feasibility of the construction, operation, business, exploitation, and management plans for the works; the ability to meet the conditions for ensuring national defense and security; the ability to meet the urgent schedule requirements as directed by competent authorities (compensation, support, resettlement work; start date of construction, completion, and commissioning of the works for exploitation and use); the ability to fulfill other obligations proposed by the investor (if any); the financial capability of the investor to implement the project; and other necessary contents as required by the Ministry of National Defense and the Ministry of Public Security;

d) After the decision on selecting the investor is made, the investor prepares a dossier to seek approval for the investment orientation or a proposal to implement the project and completes relevant procedures in accordance with the laws on investment;

8. Annually, the competent authority reports on the results of implementing projects carried out by selected investors to ensure that the projects are completed in accordance with schedule, quality, and effectiveness requirements, and sends these reports to the Ministry of Finance for consolidation and reporting to the Prime Minister in the annual report on tender activities;

Article 44c. Projects applying the investor designation form

a) Projects proposed by investors who have ownership or usage rights over strategic technologies and strategic technology products listed in the strategic technology catalogues as stipulated by laws on science and technology, innovation, and high-tech industries;

b) Projects that need to continue selecting investors who have previously implemented digital infrastructure and digital platforms to ensure compatibility, synchronization, and technical connectivity;

c) Projects that need to accelerate progress, promote economic and social development, and ensure national interests proposed by investors, including:

c.1) Projects that must be carried out immediately to prevent, mitigate, or promptly address consequences caused by natural disasters, fires, unexpected accidents, incidents, disasters, or other force majeure events;

c.2) National important projects applying the investor designation form according to the Resolution of the National Assembly;

c.3) Projects designated by investors according to the provisions of industry and sector management laws;

c.4) Projects that need to accelerate progress to serve commemorative events, national-level or provincial-level events;

c.5) Projects involving coastal reclamation activities aimed at driving local economic and social development as directed in the resolutions of the provincial Party Committees, the central city Party Committees, the notifications and conclusions of the Standing Committees of the provincial and central city Party Committees, and the resolutions of the provincial People's Councils;

c.6) Urban development projects following the TOD model within the scope of the national railway project according to the provisions of the Railway Law.

2. Annually, the competent authority reports on the results of implementing projects carried out by designated investors to ensure that the projects are completed in accordance with schedule, quality, and effectiveness requirements, and sends these reports to the Ministry of Finance for consolidation and reporting to the Prime Minister in the annual report on tender activities;

Article 44d. Investor designation process

1. Investor designation process

a) The standard procedure is applied to projects for which the competent authority prepares a dossier to seek approval for the investment orientation (for projects requiring approval of the investment orientation according to the laws on investment) or a proposal to implement the project (for projects not requiring approval of the investment orientation);

b) The simplified designation process is applied to projects proposed by investors.

2. The general investor designation process stipulated in point a, Clause 1 of this Article shall be implemented as follows:

a) Based on the decision approving the investment orientation or the document approving the project investment information, the agency, organization, or unit under the competent authority reports to the competent authority for consideration and decision on applying the method of designating the investor;

b) Prepare the request document:

c) Approve the request document:

The person with authority, the tenderer approves the request document, identifying the proposed investor and sending the request document to the investor;

d) Prepare and submit the proposal document:

The proposed investor prepares and submits the proposal document according to the request document's requirements;

đ) Evaluate the proposal document:

The tenderer organizes the evaluation of the proposal document according to the method and criteria specified in the request document.

During the evaluation of the proposal document, the investor can clarify, amend, and supplement the proposal document;

e) Approve and publicize the investor designation result:

g) Negotiate, finalize, sign, and publicize the project contract:

3. The simplified investor designation process stipulated in point b, Clause 1 of this Article shall be implemented as follows:

a) After obtaining the decision approving the investment orientation or the document approving the project investment information, the tenderer submits to the competent authority a draft decision approving the result of the investor selection along with a draft contract, explaining the basis for applying the method of designating the investor;

c) Based on the decision approving the investment orientation or the document approving the project investment information, the decision approving the result of the investor designation, the tenderer establishes requirements for the investor's capacity and requests the investor to propose about the efficiency of land use or industry, sector, and locality development. The tenderer evaluates the investor's proposal based on the pass/fail method;

19. Amend and supplement some clauses of Article 46 as follows:

"Article 46. Criteria for evaluating capacity";

If the laws governing the industry or sector require investors to prove they have experience in similar projects when participating in tenders, the tenderer and the specialized team determine the criteria for evaluating similar project experience in accordance with the laws governing the industry or sector;

"e) For investment projects planned to be implemented on land with attached assets, the tender document specifies the value of the attached assets (in case of sale) or the remaining value of the assets (in case of demolition or cancellation) according to the laws on managing and using state assets."

21. Amend and supplement some clauses of Article 48 as follows:

"a) All land areas, land funds, plots of land that have been auctioned for the right to use land to implement investment projects with the same purpose of land use as the land fund planned to be implemented through the ongoing bidding process. In cases where the planned project land fund has multiple purposes of land use, all land areas, land funds, plots of land that have been auctioned for the right to use land to implement investment projects with the same purpose of land use as the entire planned project land fund (if applicable) and with the same purpose of land use as the largest area within the planned project land fund;"

"d) In cases where the tenderer determines there are unusual price fluctuations of land when identifying the reference land areas, land funds, plots of land as stipulated in Clause 4 and Clause 5 of this Article, the tenderer shall report to the competent authority for consideration and decision on not referencing the land areas, land funds, plots of land with an increase rate higher than 20% compared to the average increase rate after winning the auction of the reference land areas, land funds, plots of land;"

"5. Comparable areas, funds, plots of land in terms of location are determined as follows:";

"a) Within the administrative unit's commune territory where the project being bid is being implemented. In cases where the project spans two or more communes, the reference land areas, land funds, plots of land are determined within the territory of all such administrative units. For projects with works or construction components along a route, the reference land areas, land funds, plots of land are determined within the commune territory where the main construction work of the project is located;"

"b) In cases where the commune implementing the project does not have land areas, land funds, plots of land meeting the conditions stipulated in point b of Clause 4 of this Article, land areas, land funds, plots of land from other communes within the province or centrally-run city adjacent to the district where the project is being implemented shall be used for reference. In cases of adjacency with multiple communes, the determination of the other commune shall be decided by the competent authority;"

"In cases where the adjacent commune does not have reference land areas, land funds, plots of land, land areas, land funds, plots of land from the remaining communes within the province or centrally-run city shall be used;"

"c) In cases where the province implementing the project does not have land areas, land funds, plots of land meeting the conditions stipulated in point b of Clause 4 and point b of this clause, land areas, land funds, plots of land with auction results for implementing projects within the four to seven consecutive years immediately preceding the date of the approval document for tracking the progress of investor selection activities shall be used for reference, ensuring similarity in location as prescribed in point a or point b of this clause. The reference period shall be decided by the competent authority;"

"d) In cases where there is a change in the local government organizational model during the period specified in point c of this clause, the reference land areas, land funds, plots of land shall be determined in all commune territories with project works or components (after the implementation of the two-level local government organizational model) and the land areas, land funds, plots of land in the territory;"

administrative unit.

"6. In cases where there are no auctioned land areas, land funds, plots of land available for reference as stipulated in Clause 4 and Clause 5 of this Article, the average increase rate of the value paid to the state budget of all investment projects using land with the same purpose of land use as the planned project land fund, which have already had auction results within the five consecutive years immediately preceding the date of the approval document for tracking the progress of investor selection activities, shall be used;"

"9. Based on the functions, tasks, and authorities of specialized agencies under the competent agency as prescribed by law and the specific conditions of each locality, the Chairman of the Provincial People's Committee shall assign the specialized agency responsible for land management to take the lead in coordinating with the tenderer to compile statistics on the reference land areas, land funds, plots of land as stipulated in Clause 4 and Clause 5 of this Article as the basis for determining the value m in the tender invitation document;"

"In cases where authorized to approve the tender invitation document, the Chairman of the Commune People's Committee or the head of the agency, organization, or unit subordinate to the Provincial People's Committee shall assign the agency responsible for land management to take the lead in compiling statistics on the reference land areas, land funds as stipulated in Clause 4 and Clause 5 of this Article as the basis for determining the value m in the tender invitation document;"

22. Amend and supplement some clauses of Article 52 as follows:

"b) THE TRANSFEREE INVESTOR MUST SATISFY THE OPERATING CONDITIONS ACCORDING TO THE LAWS APPLICABLE TO EACH TYPE OF ECONOMIC ORGANIZATION, INVESTMENT LAWS, BUSINESS LAWS, LAND LAWS, REAL ESTATE BUSINESS LAWS, AND INDUSTRY AND SECTOR LAWS; MUST TAKE OVER THE RIGHTS AND OBLIGATIONS OF IMPLEMENTING THE INVESTMENT PROJECT AS COMMITTED BY THE TRANSFEROR INVESTOR IN THE TENDER DOCUMENT AND THE PROJECT CONTRACT.";

"c) FROM THE DATE OF PROJECT OPERATION, THE TRANSFER OF SHARES, CAPITAL CONTRIBUTIONS SHALL BE CONDUCTED IN ACCORDANCE WITH THE BUSINESS LAWS AND LAWS APPLICABLE TO EACH TYPE OF ECONOMIC ORGANIZATION WITHOUT NEEDING TO SATISFY THE CONDITIONS PROVIDED IN POINTS a AND b OF THIS CLAUSE.";

"5. The transfer of investment business projects, the transfer of shares, or contributions in economic organizations as prescribed in Clauses 3 and 4 of this Article must be stipulated in the contract."

Based on the provisions of the contract, the authority with jurisdiction shall examine and approve the proposal to transfer the investment project using land, transfer shares, or capital contributions in economic organizations.

In case of approval for the transfer, the authorized person instructs the tenderer to review, amend, and supplement the contents of the contract."

"3. Approve the tender invitation document or authorize the heads of agencies, organizations, units subordinate to ministries, ministerial-level agencies, provincial people's committees, economic zone management boards to approve the tender invitation document. The Chairman of the Commune People's Committee approves the tender invitation document;"

"Article 57. Responsibilities of agencies, organizations, or units under ministries, ministerial-level agencies, provincial people's committees; Commune People's Committees"

25. Amend, supplement, and abolish some clauses of Article 58 as follows:

"2. The appraisal team consists of agencies, organizations, or units assigned by the authority with jurisdiction to conduct appraisals, which must be independent from the tenderer and the expert group. The appraisal team includes:"

a) THE ORGANIZATION, UNIT BELONGING TO, UNDER THE MINISTRY, THE AGENCY AT THE MINISTERIAL LEVEL, THE ZONE MANAGEMENT BOARD FOR PROJECTS APPROVED BY THE MINISTER, THE HEAD OF THE AGENCY AT THE MINISTERIAL LEVEL, THE ZONE MANAGEMENT BOARD FOR THE INVITATION DOCUMENT AND SELECTION RESULTS OF INVESTORS, EXCEPT FOR THE CASES PROVIDED IN CLAUSE 3 OF THIS ARTICLE;

b) THE PROVINCE FINANCE DEPARTMENT FOR PROJECTS APPROVED BY THE CHAIRMAN OF THE PROVINCE PEOPLE'S COMMITTEE FOR THE INVITATION DOCUMENT AND SELECTION RESULTS OF INVESTORS, EXCEPT FOR THE CASES PROVIDED IN CLAUSE 3 OF THIS ARTICLE.

If necessary, the authorized person may consider and decide to establish an appraisal team consisting of individuals with relevant expertise and experience from agencies, organizations, units under their jurisdiction."

26. Amend and supplement some clauses of Article 59 as follows:

"10a. In cases where an investor is undergoing the bidding process but is undergoing a merger, the merged investor may continue participating in the bidding process and inherit the bidding capacity of the merged investor;"

"1. Authority to inspect bidding activities for selecting investors:"

a) The Ministry of Finance organizes inspections of investor selection activities at ministries, ministerial-level agencies, and localities within its functions and authorities or upon request of the Prime Minister;"

b) Sectoral management agencies implement inspections of investor selection activities for projects within their management scope;"

c) For projects where the ministry, agency at the ministerial level is the authority deciding to organize the bidding process to select investors, the Minister or Head of the agency at the ministerial level shall assign an organization, entity, or unit responsible for managing bidding activities to organize the inspection of the bidding process to select investors.

d) For projects within the management scope of localities, the Department of Finance organizes inspections of investor selection activities."

28. Amend and supplement some clauses of Article 61 as follows:

"b) The Chairman of the Provincial People's Committee shall take the lead in organizing supervision of the bidding process to select investors for projects under his/her jurisdiction. The Department of Finance shall be responsible for assisting the Chairman of the Provincial People's Committee in organizing supervision of the bidding process to select investors in their respective localities;"

“c) The authority shall entrust individuals or units under their direct control with expertise in bidding, independent from the tenderer, expert group, and evaluation team, to conduct oversight of the bidding process for all projects applying the method of designating investors, selecting investors in special cases, or certain other projects when necessary.”

"3a. Responsibilities of individuals or units performing supervision of bidding activities:"

a) Be honest and impartial; do not cause inconvenience to the tenderer, expert group, and appraisal team during the supervision process;"

b) Require the tenderer, expert group, and appraisal team to provide relevant documents and materials for the supervision process;"

c) Receive information reflecting the bidding process of the project being supervised from investors and related organizations and individuals;"

d) Maintain confidentiality according to the law;"

đ) Bear responsibility for the results of their supervision;"

e) Fulfill other responsibilities as prescribed by laws on bidding and other relevant laws."

"Article 61a. Handling violations in the bidding process for selecting investors

1. The prohibition period for participating in bidding activities for organizations and individuals who violate regulations, including those belonging to the competent authority, interested parties, tenderers, expert groups, and appraisal teams:"

2. For joint venture investors, the prohibition on participating in bidding activities for selecting investors as prescribed in Clause 1 of this Article shall be implemented as follows:

b) Prohibit all members of the joint venture when one or more members commit violations not covered by point a of this clause.

3. The statute of limitations for applying the prohibition on participating in bidding activities for selecting investors as prescribed in Clause 1 of this Article is ten years from the date of the violation.

"4. Ministries, ministerial-level agencies, provincial people's committees shall consider and issue decisions prohibiting participation in bidding activities within their respective jurisdictions for a period of 15 days from the date of receipt of any of the following documents:"

a) The proposal document of the tender inviter accompanied by documents proving the violation;

b) Recommendations in the inspection conclusion of the inspection agency, the verification conclusion of the verification team;

c) The result of handling the recommendation of the Dispute Resolution Board;

d) Other documents of competent state agencies that identify the violation.

5. The decision to prohibit participation in bidding activities includes the following contents:

a) Name of the violating organization or individual;

b) Content of the violation, legal basis for handling the violation and the corresponding prohibition period for each violation act; total prohibition period (in case of two or more violations); scope of prohibition;

c) Effectiveness of implementing the decision.

Article 61b. Conditions for Considering and Resolving Complaints

1. For complaints about issues before the announcement of the investor selection results, to be considered and resolved, the complaint letter must meet the following conditions:

"a) For complaints about the content of the tender invitation document, the complaint must be from agencies or organizations interested in the project; for other contents related to the process of selecting investors, the complaint must be from participating investors;"

"b) The complaint must bear the signature and stamp (if any), legally representing the investor, agency, or organization submitting the complaint, or signed electronically via an account and submitted to the National Bidding Network System according to the investor selection process through the network."

c) Investors must submit the complaint letter to the tender inviter or the authorized person within the time limit specified in Clause 1 of Article 61c of this Decree.

2. For complaints about the investor selection results, to be considered and resolved, the investor must meet the following conditions:

a) The complaint letter must be from a participating investor;

b) The petition must be signed and stamped (if applicable) by the legal representative of the investor participating in the bidding or electronically signed through an account, and submitted to the National Bidding Network System according to the process for selecting investors via the network;

c) The content of the complaint has not been initiated by the investor as a lawsuit, appeal, or accusation;

d) The content of the complaint relates to the evaluation of the bidding documents;

d) The costs for handling the petition shall be paid by the investor who lodges the petition to the standing body assisting the Chairman of the Petition Resolution Council (hereinafter referred to as the standing body). Within three working days from the date of receipt of the petition from the investor, the standing body is responsible for notifying the investor about the cost of handling the petition, the method of paying the cost of handling the petition. The investor is responsible for paying the cost of handling the petition within two working days from the date of receiving the notification from the standing body. In case the investor does not pay the cost of handling the petition, the investor shall be deemed not to meet the conditions for considering and resolving the petition;

3. In cases where the investor's, agency's, or organization's petition does not meet the conditions prescribed in Clause 1 and Clause 2 of this Article, the person responsible for resolving the petition shall notify the investor, agency, or organization in writing about the non-consideration and resolution of the petition;

Article 61c. Procedure for Handling Petitions

1. The handling of petitions regarding issues prior to the announcement of the selection results of investors shall be carried out according to the following procedure:

a) The investor, agency, or organization submits a petition regarding the tender invitation document to the tender inviter before the bid closing time. The investor submits petitions on other contents related to the process of selecting investors to the tender inviter before the announcement of the selection results;

b) The tender inviter must send a response letter to the investors and organizations within seven working days from the date of receipt of their petition letters.

c) In cases where the investor, agency, or organization disagrees with the result of the petition resolution or if the tender inviter does not issue a written resolution of the petition within the time limit specified in point b of this clause, the investor, agency, or organization has the right to submit a petition to the competent authority within five working days from the date of expiration of the reply period or the date of receipt of the petition resolution document from the tender inviter;

d) The competent authority must send a response letter to the investors and organizations within seven working days from the date of receipt of their petition letters.

2. The handling of petitions regarding the results of investor selection shall be carried out according to the following procedure:

a) Investors submit petition letters to the tender inviter within ten days from the date the selection results of investors are published on the National Public Procurement System.

b) The tender inviter sends a response letter to the investors within seven working days from the date of receipt of their petition letters.

d) The petition resolution board examines the investor's petition within twenty days from the date of establishment of the petition resolution board, reports to the competent authority for consideration and decision.

đ) The competent authority sends a response letter regarding the results of investor selection within five working days from the date of receipt of the report from the petition resolution board.

e) In necessary cases, the Petition Resolution Council reports to the competent authority to consider temporarily suspending the signing and implementation of the contract. In cases where the proposal of the Petition Resolution Council is approved, within five working days from the date of receipt of the report from the Council, the competent authority shall issue a written notice to the tender inviter to temporarily suspend the signing and implementation of the contract, specifying the suspension period clearly;

3. The petition resolution document shall be sent to the investor, agency, or organization that lodged the petition within five working days from the date of receipt by the tender inviter or the competent authority. The petition resolution document must contain conclusions on the content of the petition raised by the investor, including:

a) In case the petition is concluded as correct, the response letter must clearly state the measures, methods, and timeframe for remedying the consequences (if any).

b) In case the investor's petition is concluded as incorrect, the response letter must clearly explain the reasons.

4. In case of disagreement with the decision on the handling of the petition by the tender inviter, the competent authority, or the petition resolution board, the investor has the right to file a lawsuit with the Court.

5. The investor has the right to withdraw the petition during the petition resolution process. The document requesting withdrawal of the petition must be signed and stamped (if applicable) by the legal representative of the investor or the person who signed the bid application;

Article 61d. Composition, responsibilities, and activities of the Complaint Resolution Board

1. The Complaint Resolution Board and its permanent office shall be established as follows:

a) The Complaint Resolution Board established by the Minister of Finance shall be responsible for resolving complaints when requested by the Prime Minister.

b) The Petition Resolution Council is established by the Minister, Head of a ministry-level agency, or Director of the Economic Zone Management Board to resolve petitions concerning projects where the ministry, ministry-level agency, or Economic Zone Management Board is the competent authority. The agency or unit entrusted with managing bidding activities of the ministry, ministry-level agency, or Economic Zone Management Board is the standing body of the Council;

c) The Petition Resolution Council is established by the Chairman of the Provincial People's Committee to resolve petitions concerning projects where the Provincial People's Committee is the competent authority; the Department of Finance is the standing body of the Council;

The permanent office shall perform administrative tasks as prescribed by the Chairman of the Complaint Resolution Board; it shall receive and manage costs submitted by the contractor making the complaint.

2. Composition of the Complaint Resolution Board

a) The Petition Resolution Council consists of the Chairman, Vice-Chairman (if necessary), the standing body, representatives of relevant agencies, and representatives of professional associations, experts, and scientists (if any);

b) The Chairman of the Petition Resolution Council stipulated in point a of Clause 1 of this Article is the representative of the Ministry of Finance. The Chairman of the Petition Resolution Council stipulated in point b of Clause 1 of this Article is the representative of the agency, organization, or unit entrusted with managing bidding activities under these agencies. The Chairman of the Petition Resolution Council stipulated in point c of Clause 1 of this Article is the representative of the Department of Finance;

c) Members of the Petition Resolution Council shall not be persons having familial relationships as defined by the Enterprise Law with the person who signed the petition, individuals belonging to the expert team, the evaluation team, and the person who signed the decision approving the selection results of the investor;

3. Activities of the Complaint Resolution Board shall be carried out as follows:

b) The Petition Resolution Council operates on a case-by-case basis, works collectively under the direction of the Chairman of the Council, and decides by majority vote. Members have the right to reserve their opinions and bear legal responsibility for their own opinions;

c) The Petition Resolution Council has the right to request the investor, tender inviter, and related individuals, agencies, organizations, and units to provide project information and other related information to perform its tasks;

d) The Complaint Resolution Board shall dissolve itself upon completion of its tasks.

31. Amend and supplement certain clauses of Article 62 as follows:

Article 3. Implementation Provisions

1. This Decree takes effect from the date of issuance.

2. From the date this Decree takes effect, the following Decrees and provisions shall cease to be effective:

3. Transitional Provisions:

a) For projects that have issued tender invitation documents and opened bids in accordance with Decree No. 23/2024/NĐ-CP or Decree No. 115/2024/NĐ-CP before the effective date of this Decree, continue to evaluate the tender submission documents based on the issued tender invitation documents;

b) For projects that have issued notices of interest, tender invitation documents on the National Bidding Network System and opened bids before the effective date of this Decree, continue to evaluate the project implementation registration documents based on the issued tender invitation documents;

In cases where only one investor meets the requirements of the interest invitation documents, procedures for approving the investor shall be carried out in accordance with laws on investment.

If there are two or more investors meeting the requirements of the tender invitation document, then select the investor in accordance with the provisions of the Public Procurement Law No. 22/2023/QH15 (amended and supplemented by Law No. 57/2024/QH15 and Law No. 90/2025/QH15) and this Decree;

c) For projects that have approved the selection results but have not yet negotiated, finalized, and signed contracts by the effective date of this Decree, the competent authority shall organize negotiations, finalize, sign, and manage the implementation of the contract based on the selection results, tender submission documents, and issued tender invitation documents in accordance with the Public Procurement Law No. 22/2023/QH15 (amended and supplemented by Law No. 57/2024/QH15) and detailed regulations and guidance documents.

d) For projects that are preparing the notice of interest solicitation file; preparing and reviewing the bidding file but on the date this Decree takes effect, the notice of interest solicitation file and the bidding file have not been approved, the interested party and the tenderer shall organize the preparation of the notice of interest solicitation file and the bidding file in accordance with the Bidding Law No. 22/2023/QH15 (amended and supplemented by Law No. 57/2024/QH15 and Law No. 90/2025/QH15) and this Decree.

đ) For projects that have issued the notice of interest solicitation file and the bidding file but on the date this Decree takes effect, the bid has not yet been opened, the interested party and the tenderer shall report to the competent authority for consideration to continue soliciting interest or conducting the bid according to the issued files or extend the bid opening date to amend and supplement the notice of interest solicitation file and the bidding file in accordance with the Bidding Law No. 22/2023/QH15 (amended and supplemented by Law No. 57/2024/QH15 and Law No. 90/2025/QH15) and this Decree.

g) Project contracts signed before the date this Decree takes effect shall continue to be implemented in accordance with the provisions of the contract; in cases where it is necessary to amend or supplement the contents of the project contract and the laws at the time of signing the contract do not provide such provisions or it is necessary to amend or supplement the project contract to ensure the effectiveness of the project, the parties may agree to amend or supplement in accordance with the provisions of the Bidding Law No. 22/2023/QH15 (amended and supplemented by Law No. 57/2024/QH15 and Law No. 90/2025/QH15), this Decree, and relevant laws effective at the time of amending or supplementing the contract.

h) During the period from July 1, 2025 to the date this Decree takes effect, the implementation of business investment projects shall be carried out in accordance with the provisions of the Bidding Law (amended and supplemented by Law No. 57/2024/QH15 and Law No. 90/2025/QH15) and the contents of Decree No. 23/2024/NĐ-CP, Decree No. 115/2024/NĐ-CP (amended and supplemented by Decree No. 17/2025/NĐ-CP), guiding documents still in compliance with the provisions of the Bidding Law (amended and supplemented by Law No. 57/2024/QH15, Law No. 90/2025/QH15).

i) During the period when guiding documents implementing this Decree have not taken effect, organizations and individuals related to the application of detailed guiding documents stipulated by the Bidding Law (amended and supplemented by Law No. 57/2024/QH15), Decree No. 23/2024/NĐ-CP, Decree No. 115/2024/NĐ-CP (amended and supplemented by Decree No. 17/2025/NĐ-CP) to prepare, adjust, and supplement the notice of interest solicitation file and the bidding file and related documents during the investor selection process to comply with the provisions of the Bidding Law (amended and supplemented by Law No. 57/2024/QH15, Law No. 90/2025/QH15), this Decree.

k) For projects managed by agencies, organizations, units subject to administrative restructuring, the newly formed agencies, organizations, units receiving files and materials related to the investor selection process and project contract signing shall continue to implement the project; inherit all rights and obligations stipulated in the project contract of the agency, organization, unit before restructuring, and amend the project contract if necessary to ensure normal, continuous, and smooth project implementation and contract execution.

4. Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairmen of provincial People's Committees under central cities within their functions and powers shall be responsible for guiding and implementing this Decree.