Circular No. 27/2024/TT-BCT stipulates criteria for evaluating tender documents and sample tender documents for selecting investors to implement energy infrastructure investment projects.

CIRCULAR

Regulations onregarding criteria for evaluating tender documents and sample tender documentsselecting investors to implement investment projectsenergy works 

Decree No. 96/2022/NĐ-CP on 29 of the Government stipulating the list, management, use of technical equipment and procedures for collecting and using data obtained from such equipment provided by individuals or organizations to detect administrative violations;1 December 20, 2022, of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry The Government issues this Decree;

On the basis of Decree number 26/2018/NĐ-CP on February 28 the 02 year 2018, of the Government for charter of organization and operation of Vietnam Electricity Corporation;

Pursuant to Decree No. 105/2024/NĐ-CP dated August 1, 2024 of the Government amending and supplementing some articles of Decree No. 96/2022/NĐ-CP dated November 29, 2022 of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade and Decree No. 26/2018/NĐ-CP dated February 28, 2018 of the Government on the charter of organization and operation of Vietnam Electricity Corporation;

Pursuant to the Electricity Law dated December 3, 2004;

Pursuant to the Law Amending and Supplementing Some Provisions of the Electricity Law dated December 20, 2012;

Pursuant to the Law Amending and Supplementing Some Provisions of 11 laws related to planning dated June 15, 2018;

On the basis of Laws Amending and Supplementing Some Provisions of the Public Investment Law, the Public-Private Partnership Investment Law, the Investment Law, the Housing Law, the Bidding Law, the Electricity Law, the Enterprise Law, the Special Consumption Tax Law, and the Civil Enforcement Law January 11, 2022;

Pursuant to Decree No. 137/2013/NĐ-CP dated October 21, 2013 of the Government ; detailing implementation of some provisions of the Electricity Law and the Law Amending and Supplementing Some Provisions of the Electricity Law;

Decree No. 115/2024/NĐ-CP dated 16 the 9 day4 of the Government detailing some provisions and measures to implement the Bidding Law on selecting investors to implement investment projects using land;

"a) State agencies, organizations, and individuals owning power plants operating within the territory of the Socialist Republic of Vietnam connected to the national power grid, except strategic multi-purpose hydropower plants, small renewable energy power plants applying the avoided cost tariff, power plants and units providing ancillary services, independently invested energy storage systems, and power plants applying the electricity purchase price mechanism as stipulated in relevant authorized documents;" Electricity and Renewable Energy,

Minister of The Government issues this Decree issues the Circular qetermining criteria for evaluating tender documents and sample tender documents for selecting investors to implement investment projects for energy works.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates:

2. Detailed Point m Clause 1 Article 47 of Decree No. 115/2024/NĐ-CP on technical criteria in evaluating business investment plans of investors implementing investment projects for energy works.

3. Sample tender documents for selecting investors to implement investment projects for energy works.

Article 2. Applicability

2. Organizations and individuals engaged in selecting investors to implement investment projects for energy works not falling under the scope of application of Clause 1 of this Article may choose to apply this Circular.

Article 3. Explanation of Terms

In this Circular, the following terms shall be understood as follows:

1. The buyer of electricity is Vietnam Electricity Corporation (or units representing according to decentralization, delegation), Northern Power Corporation, Central Power Corporation, Southern Power Corporation, Hanoi Power Corporation, Ho Chi Minh City Power Corporation.

3. Competent Authority is the agency approving the investment proposal in accordance with the law on investment or the agency deciding to organize the bidding to select investors. For projects within the approval authority of the National Assembly, the Prime Minister, the competent authority is the agency deciding to organize the bidding to select investors.

4. Agency Deciding to Organize Bidding to Select Investors includes the Ministry of Industry and Trade, provincial People's Committees, Economic Zone Management Boards, and other agencies as prescribed by law managing sectors and fields.

Article 4. Issuing notices of interest, tender invitation documents, and tender documents for public investment energy projects

Clause 1. Notices of interest and tender invitation documents shall be prepared according to the model specified in Appendix I attached hereto.

Clause 2. Tender documents shall be prepared according to the model specified in Appendix II attached hereto for projects applying open tendering and selective tendering methods in one-stage one-envelope and two-stage one-envelope procedures to ensure compliance with the Bidding Law dated June 23, 2023, and Decree No. 115/2024/NĐ-CP.

Point a. For thermal power plant projects using natural gas, liquefied natural gas (LNG), and hydropower plants (excluding small hydropower plants), draft power purchase agreements shall be prepared based on the provisions set forth in Circular No. 07/2024/TT-BCT dated April 12, 2024, issued by the Minister of Industry and Trade regarding the method for determining electricity generation prices and power purchase agreements.

Point b. For biomass power plant projects, except for those applying feed-in tariffs under relevant authorized documents, draft power purchase agreements shall be prepared based on the provisions set forth in Circular No. 07/2024/TT-BCT dated April 12, 2024, issued by the Minister of Industry and Trade regarding the method for determining electricity generation prices and power purchase agreements.

Point c. For solar power plant projects, draft power purchase agreements shall be prepared based on the provisions set forth in Circular No. 18/2020/TT-BCT dated July 17, 2020, issued by the Ministry of Industry and Trade regarding the development of solar power projects and model power purchase agreements applicable to solar power projects, along with subsequent amendments and supplements.

Point d. For wind power plant projects, draft power purchase agreements shall be prepared based on the provisions set forth in Circular No. 02/2019/TT-BCT dated January 15, 2019, issued by the Minister of Industry and Trade regarding the implementation of wind power project development and model power purchase agreements for wind power projects, along with subsequent amendments and supplements.

Point e. For biomass power plant projects implemented pursuant to Decision No. 24/2014/QĐ-TTg dated March 24, 2014, of the Prime Minister on support mechanisms for biomass power projects in Vietnam, and Decision No. 08/2020/QĐ-TTg dated March 5, 2020, of the Prime Minister amending and supplementing certain articles of Decision No. 24/2014/QĐ-TTg dated March 24, 2014, of the Prime Minister on support mechanisms for biomass power projects in Vietnam, draft power purchase agreements shall be prepared based on the provisions set forth in Circular No. 16/2020/TT-BCT dated July 7, 2020, amending and supplementing certain articles of Circular No. 44/2015/TT-BCT dated December 9, 2015, issued by the Minister of Industry and Trade regarding project development, avoided cost tariff tables, and model power purchase agreements applicable to biomass power projects.

Point g. For small hydropower plants, draft power purchase agreements shall be prepared based on the provisions set forth in Circular No. 29/2019/TT-BCT dated November 15, 2019, amending and supplementing certain articles of Circular No. 32/2014/TT-BCT dated October 9, 2014, issued by the Minister of Industry and Trade regarding the procedures for developing avoided cost tariff tables and issuing model power purchase agreements for small hydropower plants, and abolishing Circular No. 06/2016/TT-BCT dated June 14, 2019, issued by the Minister of Industry and Trade amending and supplementing certain articles of Circular No. 32/2014/TT-BCT dated October 9, 2014, issued by the Minister of Industry and Trade.

Clause 4. In Appendices I and II attached hereto, italicized content serves as guidance and illustration and shall be further detailed in tender invitation documents and tender documents based on the scale, nature, and specific conditions (if any) of each project.

Clause 5. Providing and publishing bidding information for selecting investors to implement public investment energy projects on the National Bidding System shall be carried out in accordance with Circular No. 15/2024/TT-BKHĐT dated October 1, 2024, issued by the Ministry of Planning and Investment regarding the model bidding documents for selecting investors to implement public-private partnership projects and business investment projects; providing and publishing information on public-private partnerships and investor selection bidding on the National Bidding System.

Chapter II

CRITERIA FOR EVALUATING TENDER DOCUMENTS

Article 5. Technical evaluation criteria for investors' business investment plans

1. In accordance with points a, b, and c of Clause 1, Article 47 of Decree No. 115/2024/NĐ-CP.

2. Other technical evaluation criteria:

a) Requirements for the suitability of the investment plan proposed by the investor (including the location of the project, scale, progress, spatial organization diagram, phased construction investment schedule of the project, and key technical parameters) with the decision approving the investment orientation for projects subject to approval of investment orientation or the project investment approval document for land use for projects not subject to approval of investment orientation.

b) Requirements for the suitability with basic parameters of power plants according to each type of power plant.

1. The ceiling price of electricity is established based on the tender documents of the project and below the ceiling (maximum price) of the corresponding power generation price range issued by the Ministry of Industry and Trade in the year of tendering.

2. The principle of establishing the ceiling price of electricity is uniformly agreed upon with the Electricity Purchaser in accordance with the laws on electricity in the tender documents based on:

a) Reasonable and legitimate expenses of the investor throughout the economic life of the project; the internal rate of return (IRR) shall not exceed 12%.

b) The ceiling price of electricity does not include value-added tax, water resource tax, fees for water resource exploitation rights, forest environmental service fees, waste management fees, and industrial wastewater treatment fees (applicable to thermal power plants), and other taxes, fees, and monetary revenues as prescribed by competent state management agencies (excluding taxes and fees already included in the pricing plan).

Chapter III

IMPLEMENTATION

Article 7. Transitional Provisions

1. In cases where energy investment projects have not yet issued tender documents or have issued tender documents but have not yet closed bids, they must issue tender documents in accordance with this Circular.

2. For energy investment projects that have closed bids but have not yet approved the selection results of investors by the date this Circular takes effect, continue to evaluate bid documents based on the issued tender documents.

Article 8. Effective Date

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

2. During implementation, if there are any difficulties related to the content stipulated in this Circular, provincial People's Committees and relevant agencies and organizations shall send their opinions to the Ministry of Industry and Trade for timely review and guidance./.