Decree No. 30/2015/NĐ-CP detailing the implementation of certain provisions of the Law on Bidding regarding the selection of investors

DECREE

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Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Law on Bidding dated November 26, 2013;

Pursuant to the Law on Public Investment dated June 18, 2014;

Pursuant to the Investment Law on November 26, 2014;

At the proposal of the Minister of Planning and Investment,

of the Government Decree promulgating detailed regulations implementing certain provisions of the Bidding Law on selecting investors.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

Thông tư này quy định chi tiết khoản 4 Điều 38 Luật Thủy sản số 18/2017/QH14 đã được sửa đổi, bổ sung tại điểm c khoản 21 Điều 14 Luật số 146/2025/QH15.

This Decree provides detailed regulations implementing certain provisions of the Bidding Law on selecting investors as stipulated in Clause 3, Article 1 of the Bidding Law, including:

a) Projects under the Public-Private Partnership (PPP) form as prescribed by the Government on PPP investment;

b) Investment projects using land plots or land funds with high commercial value, which require the selection of investors from the list of projects approved according to Point b, Clause 1, Article 10 of this Decree for construction of urban works, new urban areas; commercial housing; commercial and service works; multifunctional complexes that do not fall within the cases prescribed in Point a of this Clause.

Thông tư này áp dụng đối với tổ chức, cá nhân có liên quan đến hoạt động kinh doanh đối tượng thủy sản nuôi chủ lực trên lãnh thổ Việt Nam.

a) Organizations and individuals participating in or related to the activity of selecting investors for investment projects as prescribed in Clause 1 of this Article;

b) Organizations and individuals conducting investor selection activities not within the scope of regulation of this Decree may choose to apply the provisions of this Decree. If choosing to apply, organizations and individuals must comply with relevant provisions of the Bidding Law and this Decree, ensuring fairness, transparency, and economic efficiency.

Article 2. Ensuring competition in bidding

1. An investor participating in the bidding shall be considered legally independent and financially independent from the consulting contractor preparing, reviewing the feasibility study report (specifically for PPP projects in Group C, independent from the consulting contractor preparing, reviewing the project proposal); the consulting contractor preparing, reviewing the prequalification invitation document, tender invitation document, evaluating the prequalification submission, tender submission, reviewing the prequalification result, investor selection result; the competent state agency, tender inviter as prescribed in Clause 4, Article 6 of the Bidding Law when meeting the following conditions:

a) Not belonging to the same authority or organization directly managing a public institution;

b) The investor participating in the bidding with the competent state agency, tender inviter does not hold more than 30% shares or capital contribution from each other;

c) The investor participating in the bidding with the consulting contractor preparing, reviewing the feasibility study report (specifically for PPP projects in Group C, independent from the consulting contractor preparing, reviewing the project proposal); the consulting contractor preparing, reviewing the prequalification invitation document, tender invitation document, evaluating the prequalification submission, tender submission, reviewing the prequalification result, investor selection result does not have shares or capital contributions from each other; neither has shares or capital contributions from another organization or individual exceeding 20% individually.

2. An investor is permitted to participate in the bidding for a project for which they prepared the feasibility study report (for PPP projects in Group C, the project proposal) and must be legally and financially independent from the parties as prescribed in Clause 1 of this Article, except for the consulting contractor preparing the feasibility study report (preparing the project proposal for PPP projects in Group C).

Article 3. Preferential treatment in selecting investors for PPP projects

In the case where an investor's feasibility study report, project proposal (for Group C projects) is approved, such investor shall enjoy preferential treatment during the financial-commercial evaluation process, specifically as follows:

1. In the case of applying the service price method, an investor not eligible for preferential treatment must add an amount equal to 5% of the service price to their own service price for comparison and ranking.

2. In the case of applying the State capital contribution method, an investor not eligible for preferential treatment must add an amount equal to 5% of the proposed State capital contribution to their own proposed State capital contribution for comparison and ranking.

3. In the case of applying the social benefit or State benefit method, an investor eligible for preferential treatment may add an amount equal to 5% of the proposed State budget payment to their own proposed State budget payment for comparison and ranking.

4. In the case of applying a combined method, the investor shall enjoy preferential treatment according to the proportion of the combined method but the total value of preferential treatment shall not exceed 5%.

Article 4. Provision and Publication of Tender Information

1. Responsibility for Providing Information:

a) Ministries, ministerial-level agencies, government agencies, other central agencies, provincial People's Committees, and authorized persons shall be responsible for providing the information specified in Point g Clause 1 Article 8 of the Law on Bidding to the national bidding network system or to the Bidding Newspaper.

b) Ministries, ministerial-level agencies, government agencies, other central agencies, provincial People's Committees within their scope of responsibility shall provide the information specified in Point h Clause 1 Article 8 of the Law on Bidding to the national bidding network system.

c) Departments of Planning and Investment, lead units managing PPP activities shall be responsible for providing PPP project information, investment project lists using land, and other related information specified in Points i and l Clause 1 Article 8 of the Law on Bidding to the national bidding network system.

d) Inviting Bidders shall be responsible for providing the information specified in Point a Clause 1 Article 8 of the Law on Bidding to the national bidding network system.

đ) Inviting Bidders shall be responsible for providing the information specified in Points b, c, d, and đ Clause 1 Article 8 of the Law on Bidding and related information regarding changes in tender closing times (if any) to the national bidding network system or to the Bidding Newspaper.

e) Investors shall be responsible for self-providing and updating information about their capacity and experience into the investor database on the national bidding network system in accordance with Point d Clause 1 Article 5 and Point k Clause 1 Article 8 of the Law on Bidding.

g) Training institutions, lecturers on bidding, professionals with certificates for bidding practice shall be responsible for providing information related to training, teaching, and professional practice in bidding to the Ministry of Planning and Investment for publication on the national bidding network system in accordance with Point k Clause 1 Article 8 of the Law on Bidding.

2. Responsibility for Publishing Information:

a) The Ministry of Planning and Investment shall be responsible for publishing tender information.

b) Valid information according to regulations shall be published on the national bidding network system and the Bidding Newspaper. When discovering invalid information, the Ministry of Planning and Investment shall notify on the national bidding network system and the Bidding Newspaper so that information providers can be aware, correct, and complete it for publication.

3. In addition to the responsibility for providing information specified in Point đ Clause 1 of this Article, inviting bidders shall be responsible for publishing international prequalification invitation notices on websites or widely distributed English-language newspapers in Vietnam.

Article 5. Time Limits and Procedures for Providing and Publishing Tender Information

1. In cases where information is self-published on the national bidding network system:

a) Entities responsible for providing information as stipulated in Clause 1 Article 4 of this Decree shall register to join the national bidding network system and self-publish information on the national bidding network system in accordance with the guidance of the Ministry of Planning and Investment.

b) For information specified in Points b and c Clause 1 Article 8 of the Law on Bidding, inviting bidders shall issue prequalification documents and tender documents at least three working days from the first day the information is published on the national bidding network system, in accordance with the time specified in the prequalification invitation notice and tender invitation notice.

c) For information specified in Points a, d, đ, g, h, and i Clause 1 Article 8 of the Law on Bidding, entities responsible for publishing information must ensure that the publication date does not exceed seven working days from the date the document was issued.

2. In cases where information is provided to the Bidding Newspaper:

a) For information specified in Points b and c Clause 1 Article 8 of the Law on Bidding, the Bidding Newspaper shall receive the information at least five working days before the expected issuance of prequalification documents and tender documents. These pieces of information shall be published once in the Bidding Newspaper.

b) For information specified in Points d, đ, and g Clause 1 Article 8 of the Law on Bidding, the Bidding Newspaper shall receive the information no later than seven working days from the date the document was issued. These pieces of information shall be published once in the Bidding Newspaper.

3. Within two working days from the date entities self-publish the information specified in Points b, c, d, đ, and g Clause 1 Article 8 of the Law on Bidding on the national bidding network system, the Bidding Newspaper shall be responsible for publishing once in the Bidding Newspaper.

4. Within two working days from the date the Bidding Newspaper receives the information specified in Points b, c, d, đ, and g Clause 1 Article 8 of the Law on Bidding, the Bidding Newspaper shall be responsible for publishing on the national bidding network system and the Bidding Newspaper. For information specified in Points b and c Clause 1 Article 8 of the Law on Bidding, inviting bidders shall issue prequalification documents and tender documents at least three working days from the first day the information is published on the national bidding network system or in the Bidding Newspaper.

5. Within two working days from the date of publication of information as stipulated in Point b Clause 1 or Point a Clause 2 of this Article, inviting bidders shall be responsible for publishing international prequalification invitation notices in accordance with Clause 3 Article 4 of this Decree.

Article 6. Timeframes during the selection process for investors

1. The deadline for announcing information on PPP projects and investment project lists using land shall not be later than seven working days from the date of approval of the PPP project proposal and the investment project list using land.

2. The maximum time for approving the investor selection plan is ten days from the date of receiving the appraisal report.

3. The tender invitation documents for prequalification, tender invitation documents, and request for proposals shall be issued three working days after the first day of posting the prequalification invitation notice, tender invitation notice on the national bidding system or the Bidding Newspaper, or sending the tender invitation letter before the bid closing date.

4. The minimum preparation time for prequalification submission documents is thirty days from the first day of issuing the prequalification invitation documents to the bid closing date. Investors must submit their prequalification submission documents before the bid closing date.

5. The minimum preparation time for proposal submission documents is thirty days from the first day of issuing the request for proposals to the bid closing date. Investors must submit their proposal submission documents before the bid closing date.

6. The minimum preparation time for tender submission documents is sixty days for domestic tenders and ninety days for international tenders from the first day of issuing the tender invitation documents to the bid closing date. Investors must submit their tender submission documents before the bid closing date.

7. The maximum time for evaluating prequalification submission documents is thirty days from the bid closing date until the tenderer submits the prequalification results to the competent authority for approval.

8. For domestic tenders, the maximum time for evaluating proposal submission documents is forty-five days, and for tender submission documents, it is ninety days; for international tenders, the maximum time for evaluating proposal submission documents is sixty days, and for tender submission documents, it is one hundred twenty days from the bid closing date until the tenderer submits the investor selection results to the competent authority for approval. In necessary cases, the evaluation time for tender submission documents and proposal submission documents may be extended based on ensuring the project implementation schedule.

9. The maximum time for reviewing each item: Investor selection plan, prequalification invitation documents, tender invitation documents, request for proposals, prequalification results, list of technically qualified investors, and investor selection results is thirty days from the date of receiving all review documents.

10. The maximum time for approving each item: Prequalification invitation documents, tender invitation documents, request for proposals, prequalification results, and investor selection results is twenty days from the date the competent authority receives the review report.

11. The validity period of tender submission documents and proposal submission documents is a maximum of three hundred twenty days from the bid closing date. In necessary cases, the validity period of tender submission documents and proposal submission documents may be extended based on ensuring the project implementation schedule.

12. The minimum time for sending written notices (by post, fax, email, or direct delivery) to amend prequalification invitation documents to investors who have received such documents is ten days before the bid closing date; the minimum time for sending written notices to amend tender invitation documents to investors who have received such documents is fifteen days for domestic tenders and twenty-five days for international tenders before the bid closing date; for amending request for proposals, the minimum time is ten days before the bid closing date. If the time for sending written notices to amend invitation documents does not comply with this provision, the tenderer must extend the bid closing date accordingly to ensure compliance with the time requirements for sending written notices to amend prequalification invitation documents, tender invitation documents, and request for proposals.

13. The deadline for the tenderer to send written notices of the investor selection results to participating investors via post and fax is no later than five working days from the date of approval of the investor selection results.

14. The maximum negotiation and contract completion time is one hundred twenty days from the date of approval of the investor selection results.

Article 7. Costs in selecting investors

1. Based on the scale and nature of the project, the tenderer decides the price for one set of prequalification bid documents, tender documents, and request for proposal (including tax). For domestic tenders, the price for one set of tender documents and request for proposal shall not exceed 20,000,000 (twenty million) VND; prequalification bid documents shall not exceed 5,000,000 (five million) VND. For international tenders, the price for one set of tender documents and request for proposal shall not exceed 30,000,000 (thirty million) VND; prequalification bid documents shall not exceed 10,000,000 (ten million) VND.

2. Costs for preparing and reviewing prequalification bid documents; evaluating prequalification bid submissions; reviewing prequalification results:

a) The cost for preparing prequalification bid documents is calculated at 0.02% of the total investment value but not less than 10,000,000 (ten million) VND and not more than 100,000,000 (one hundred million) VND;

b) The cost for reviewing prequalification bid documents is calculated at 0.01% of the total investment value but not less than 10,000,000 (ten million) VND and not more than 50,000,000 (fifty million) VND;

c) The cost for evaluating prequalification bid submissions is calculated at 0.02% of the total investment value but not less than 10,000,000 (ten million) VND and not more than 100,000,000 (one hundred million) VND;

d) The cost for reviewing prequalification results is calculated at 0.01% of the total investment value but not less than 10,000,000 (ten million) VND and not more than 50,000,000 (fifty million) VND.

3. Costs for preparing and reviewing tender documents and request for proposals; evaluating tender submissions and proposals; reviewing investor selection results:

a) The cost for preparing tender documents and request for proposals is calculated at 0.05% of the total investment value but not less than 10,000,000 (ten million) VND and not more than 200,000,000 (two hundred million) VND;

b) The cost for reviewing each content of tender documents, request for proposals, and investor selection results is calculated at 0.02% of the total investment value but not less than 5,000,000 (five million) VND and not more than 100,000,000 (one hundred million) VND;

c) The cost for evaluating tender submissions and proposals is calculated at 0.03% of the total investment value but not less than 10,000,000 (ten million) VND and not more than 200,000,000 (two hundred million) VND.

4. For projects with similar contents under the same competent state agency and organized by the same tenderer, if these projects need to reorganize the investor selection process, the costs for preparing and reviewing prequalification bid documents; preparing and reviewing tender documents and request for proposals shall be calculated at a maximum of 50% of the costs already spent on the aforementioned items as stipulated in Clause 2 and Clause 3 of this Article. In cases where the investor selection process is reorganized, such costs must be included in the investment preparation costs.

5. The costs specified in Clauses 2, 3, and 4 of this Article apply when the competent state agency and the tenderer directly implement them. In cases where bidding consultants are hired to perform the tasks specified in Clauses 2, 3, and 4 of this Article, the determination of costs is based on the scope of work, time frame, expertise, experience of the consultant, prescribed salary rates, and other factors.

If there is no regulation on the salary rate for experts, the determination of expert salary costs is based on statistics of experience for fees paid to experts in similar projects implemented within a defined period or within the total investment value.

6. The cost for the Advisory Board to resolve investor complaints about the investor selection results is 0.02% of the total investment value of the complaining investor but not less than 20,000,000 (twenty million) VND and not more than 200,000,000 (two hundred million) VND.

7. Costs for publishing tender information, costs for participating in the national bidding network system, and the use of revenues during the investor selection process are carried out according to the guidelines of the Ministry of Planning and Investment and the Ministry of Finance.

Article 8. Time and Costs in Selecting Investors for PPP Projects Group C

1. Time in Selecting Investors for PPP Projects Group C:

a) The prequalification documents (if any) and tender documents shall be issued three working days after the first day of announcing the prequalification notice or tender notice, which shall be published on the national bidding system or the Bidding Newspaper, and invitation letters to bid shall be sent before the closing date.

b) The minimum preparation time for prequalification submission documents is ten days, from the first day of issuing the prequalification invitation documents until the closing date. Investors must submit their prequalification submission documents before the closing date.

c) The minimum preparation time for tender submission documents is thirty days, and for proposal documents is fifteen days, from the first day of issuing the tender invitation documents and request documents until the closing date. Investors must submit their tender submission documents and proposal documents before the closing date.

d) In case of need to amend the prequalification invitation documents, tender invitation documents, or request documents, the tenderer must notify investors at least three working days prior to the closing date.

đ) The maximum evaluation time for tender submission documents is thirty days, and for proposal documents is twenty days, from the closing date until the tenderer submits the selection results to the competent authority for approval.

e) The maximum review period is ten days for each item: investor selection plan, prequalification invitation documents, tender invitation documents, request documents, prequalification results, and investor selection results, from the date of receiving all submitted documents for review.

g) Other time periods shall be implemented according to Article 6 of this Decree.

2. Costs in Selecting Investors for PPP Projects Group C:

a) Bid security deposit ranges from 0.5% to 1% of the total investment value of the project; performance bond ranges from 1% to 1.5% of the total investment value of the project.

b) Based on the nature of the project, the tenderer decides the price of one set of tender invitation documents, request documents, and prequalification invitation documents (including tax). The price of one set of tender invitation documents and request documents shall not exceed VND 15,000,000 (fifteen million); prequalification invitation documents shall not exceed VND 5,000,000 (five million).

c) Costs for preparing, reviewing prequalification invitation documents, evaluating prequalification submission documents, and reviewing prequalification results:

- The cost for preparing prequalification invitation documents is calculated at 0.02% of the total investment value but not less than VND 5,000,000 (five million) and not more than VND 50,000,000 (fifty million).

- The cost for reviewing prequalification invitation documents and prequalification results is calculated at 0.01% of the total investment value but not less than VND 5,000,000 (five million) and not more than VND 25,000,000 (twenty-five million).

- The cost for evaluating prequalification submission documents is calculated at 0.02% of the total investment value but not less than VND 5,000,000 (five million) and not more than VND 50,000,000 (fifty million).

d) Costs for preparing, reviewing tender invitation documents, request documents, evaluating tender submission documents, proposal documents, and reviewing investor selection results:

- The cost for preparing tender invitation documents and request documents is calculated at 0.05% of the total investment value but not less than VND 5,000,000 (five million) and not more than VND 100,000,000 (one hundred million).

- The cost for reviewing each item regarding tender invitation documents, request documents, and investor selection results is calculated at 0.02% of the total investment value but not less than VND 5,000,000 (five million) and not more than VND 50,000,000 (fifty million).

- The cost for evaluating tender submission documents and proposal documents is calculated at 0.03% of the total investment value but not less than VND 5,000,000 (five million) and not more than VND 100,000,000 (one hundred million).

đ) For projects with similar contents under the same competent state agency and organized by the same tenderer, if the investor selection process needs to be reorganized, the costs for preparing and reviewing prequalification invitation documents, and for preparing and reviewing tender invitation documents and request documents shall be calculated up to 50% of the costs already spent on the items specified in Points c and d of this Subsection. If the investor selection process is reorganized, these costs must be included in the project preparation costs.

e) The costs specified in Points a, b, c, and d of this Subsection apply when the competent state agency or tenderer directly implements them. Costs for hiring bidding consultants, costs for the Advisory Council to resolve complaints, costs for publishing bidding information, and costs for participating in the national bidding network are implemented according to Articles 5, 6, and 7 of Article 7 of this Decree.

Article 9. Forms of Investor Selection

1. Investor selection for PPP projects and investment projects using land must apply international open bidding, except in cases stipulated in Subsections 2 and 3 of this Article.

2. International domestic open bidding shall be applied in the following cases:

a) Investment fields where Vietnamese law or international treaties to which the Socialist Republic of Vietnam is a member limit foreign investors' participation;

b) Foreign investors do not participate in international prequalification or do not win international prequalification;

c) PPP projects Group C as prescribed by public investment laws. In cases requiring advanced technology, techniques, and international management experience, domestic investors may form consortia with foreign investors or use foreign contractors to participate in bidding and implement the project.

d) Investment projects using land where the preliminary total implementation cost of the project (excluding compensation and land clearance costs) is less than VND 1,200,000,000,000 (one hundred twenty billion).

3. Directly appointing investors to implement projects as stipulated in Subsection 4 of Article 22 of the Bidding Law includes:

a) Only one investor registers and meets the requirements of the prequalification invitation documents; only one investor wins prequalification;

b) Only one investor has the ability to implement as prescribed in Point b of Subsection 4 of Article 22 of the Bidding Law;

c) Investment projects proposed by investors that meet the requirements of being the most feasible and effective projects including PPP projects and investment projects using land with the goal of protecting national sovereignty, border areas, and islands as prescribed in Point c of Subsection 4 of Article 22 of the Bidding Law. The most feasible and effective project will be considered and decided by the Prime Minister when it fully satisfies the following conditions:

- There is a feasibility study report (for PPP projects) or a project proposal (for Group C PPP projects) that has been approved;

- The investor proposes a service price or state capital contribution or reasonable social benefits and state benefits;

- Meets the requirements for protecting national sovereignty, national borders, and islands.

Article 10. List of investment projects using land

1. Establishing and approving the list of projects

a) Basis for establishing the list of projects:

- Socio-economic development plan;

- Annual land use plan, list of projects requiring land acquisition that have been approved;

- Detailed construction planning at a scale of 1/2,000 or detailed construction planning at a scale of 1/500 (if available).

b) Establishing and approving the list of projects

The specialized department, equivalent agency at provincial level, or the People's Committee of the district proposes investment projects using high-value land areas to the Provincial Department of Planning and Investment for consolidation and reporting to the Chairman of the Provincial People's Committee for examination and approval of the list of investment projects using land.

2. Announcing the list of projects

a) After the decision approving the list of investment projects using land is issued, such list must be announced within the time limit specified in Clause 1, Article 6 of this Decree. It is encouraged to publish on other mass media to facilitate investors' access to information.

b) The announcement content must include information about: Project location, land area, land use function, approved planning indicators, current status of the land area, and other necessary information.

Article 11. Preliminary Plan for Compensation and Land Clearing for Investment Projects Using Land

Based on the approved list of investment projects using land as stipulated in Point b, Clause 1, Article 10 of this Decree, the specialized department, equivalent agency at provincial level, or the People's Committee of the district shall cooperate with the organization responsible for compensation and land clearing to develop a preliminary plan for compensation and land clearing when the State acquires land. The determination of compensation amounts is based on specific land prices determined according to the land price table and the published land price adjustment factor under the laws on land at the nearest point in time.

Article 12. Archiving Information in Bidding

1. All documents related to the process of selecting investors must be retained for a minimum of three years after the completion of the project contract, except for the documents specified in Clauses 2, 3, and 4 of this Article.

2. Financial-commercial proposals from investors who do not pass the technical evaluation stage shall be returned to the investors in their original condition together with the return or release of the bid guarantee of the non-selected investors. In case the investor does not collect their financial-commercial proposal, the tenderer shall consider and decide to cancel the financial-commercial proposal but must ensure that the information in the financial-commercial proposal of the investor is not disclosed.

3. In case of cancellation of the bidding, the related documents shall be retained for a period of twelve months from the date of issuance of the decision to cancel the bidding.

4. Contract settlement documents and related materials of the winning bidder shall be stored in accordance with the regulations on archiving.

Article 13. Training and Capacity Building on Procurement

The registration, evaluation, recognition, and removal of training institutions for procurement, procurement instructors; organizing training and capacity building on procurement; conditions for procurement instructors; conditions for issuing training certificates and practice certificates for procurement activities; the responsibility of the Ministry of Planning and Investment in managing procurement training activities shall be carried out in accordance with the laws on selecting contractors.

Article 14. Expert Teams

1. Individuals participating in expert teams must have a practice certificate for procurement activities, except for individuals specified in Clause 3 and Clause 4 of this Article.

2. Depending on the nature and complexity of the project, the composition of the expert team includes experts in technical, financial, commercial, administrative, legal, land, and related fields.

3. Individuals not covered by Clause 2 of Article 16 of the Procurement Law, when participating in expert teams, must meet the following conditions:

a) Having a procurement training certificate;

b) Having relevant professional qualifications related to the project;

c) Having language proficiency meeting the requirements of the project;

d) Understanding specific contents corresponding to the project;

đ) Having at least five years of work experience in fields related to the project.

4. In special cases requiring opinions from specialized experts, these experts are not required to have a procurement training certificate.

Chapter II

PRELIMINARY SELECTION AND INVESTOR SELECTION PLAN

Section 1

PRELIMINARY SELECTION

Article 15. Detailed Procedures

1. Preparing preliminary selection, including:

a) Drafting the preliminary selection invitation document;

b) Reviewing and approving the preliminary selection invitation document.

2. Organizing preliminary selection, including:

a) Announcing the preliminary selection invitation;

b) Issuing, amending, and clarifying the preliminary selection invitation document;

c) Preparing, submitting, receiving, managing, amending, and withdrawing preliminary selection submission documents;

d) Opening the preliminary selection.

3. Evaluating preliminary selection submission documents.

4. Submitting, reviewing, and approving the preliminary selection results and publicly announcing the shortlist.

Article 16. Application of Preliminary Selection

1. Based on the feasibility study report of the PPP project and the approved list of investment projects using land, preliminary selection of investors is conducted before preparing the investor selection plan to identify investors with sufficient capability and experience to meet the project requirements and invite them to participate in open tendering as stipulated in Clause 1 and Clause 2 of Article 9 of this Decree or direct contracting as stipulated in Point a and Point b of Clause 3 of Article 9 of this Decree.

2. International preliminary selection applies to PPP projects and investment projects using land, except for cases specified in Clauses 3, 4, and 5 of this Article.

3. Domestic preliminary selection applies to projects specified in Point a of Clause 2 of Article 9 of this Decree.

4. For PPP group C projects, based on the nature of the project, after approving the project proposal, the authority decides whether to apply domestic preliminary selection or not to apply preliminary selection.

5. For investment projects using land where the total actual project cost (excluding compensation and land clearance costs) is less than 120,000,000,000 (one hundred twenty billion) VND, based on the nature of the project, the authority decides whether to apply domestic preliminary selection or not to apply preliminary selection.

Article 17. Preparation, Review, and Approval of the Preliminary Selection Invitation Document

1. Preparing the preliminary selection invitation document

The content of the preliminary selection invitation document includes:

a) Information guiding investors: Basic content of the project and guidance for investors participating in the preliminary selection;

b) Requirements for the eligibility of investors as stipulated in Article 5 of the Procurement Law; for investment projects using land, it also includes requirements specified in Point c of Clause 3 of Article 58 of the Land Law;

c) Requirements for the capability and experience of investors to implement the project: Financial and commercial capability, ability to arrange funds, and capability to implement the project; experience in implementing similar projects; preliminary methods of implementing the project and commitments to implement the project; declaration of disputes and complaints regarding contracts already signed and currently being implemented. The capability and experience of investors are determined by the capability and experience of the independent or joint venture investors participating in the bidding and their partners involved in implementing the project, including lenders, contractors, manufacturers, insurers, and other related partners;

d) Evaluation criteria and methods

The method of evaluating preliminary selection submission documents is carried out through the evaluation criteria stated in the preliminary selection invitation document. Using a scoring method with a scale of 100 or 1,000 points to evaluate the capability and experience of investors. When establishing evaluation criteria for capability and experience, the minimum score to be considered as meeting the requirements must not be lower than 60% of the total score, and the evaluation score for each basic requirement must not be lower than 50% of the maximum score for that requirement.

2. Reviewing and Approving the Preliminary Selection Invitation Document:

a) The tenderer submits the draft preliminary selection invitation document and related documents to the authority for approval while sending them to the review unit;

b) The review of the preliminary selection invitation document is carried out according to Clause 1 of Article 82 of this Decree;

c) The approval of the preliminary selection invitation document must be in writing, based on the approval proposal and the review report of the preliminary selection invitation document.

Article 18. Notification, issuance, amendment, and clarification of the prequalification invitation documents

1. The notification of the prequalification invitation shall be implemented in accordance with Point đ Clause 1 Article 4 and Point b Clause 1 or Point a Clause 2 Article 5 of this Decree.

2. Issuance, amendment, and clarification of the prequalification invitation documents:

a) The prequalification invitation documents shall be issued in accordance with Clause 3 Article 6 of this Decree. For joint venture investors, only one member of the joint venture needs to purchase the prequalification invitation documents, including cases where the joint venture has not yet been formed at the time of purchasing the prequalification invitation documents;

b) In case of amending the prequalification invitation documents after issuance, the tenderer must send the decision on amendment along with the amended contents of the prequalification invitation documents to the investors who have purchased the prequalification invitation documents;

c) In case clarification of the prequalification invitation documents is required, the investor must submit a request for clarification to the tenderer at least five working days before the deadline for submission of bids for consideration and resolution. Clarification of the prequalification invitation documents shall be carried out by the tenderer in one or more of the following forms:

- Sending a clarification document to the investors who have purchased or received the prequalification invitation documents;

- In cases where necessary, organizing a pre-bid conference to discuss the contents in the prequalification invitation documents that the investors are unclear about. The discussion contents must be recorded in minutes and established as a clarification document sent to the investors who have purchased the prequalification invitation documents;

- The clarified contents of the prequalification invitation documents must not contradict the approved contents of the prequalification invitation documents. In case the clarification of the prequalification invitation documents leads to the need to amend the prequalification invitation documents, the amendment of the prequalification invitation documents shall be carried out in accordance with Point b of this Clause;

d) The decision on amendment and the clarification document of the prequalification invitation documents are part of the prequalification invitation documents.

Article 19. Preparation, submission, acceptance, management, amendment, withdrawal of prequalification bid documents, and opening of bids

1. Preparation, submission, acceptance, management, amendment, and withdrawal of prequalification bid documents:

a) The investor is responsible for preparing and submitting the prequalification bid documents in accordance with the requirements of the prequalification invitation documents;

b) The tenderer accepts and manages all submitted prequalification bid documents under confidential file management procedures until the prequalification results are publicly announced; in all cases, information in the prequalification bid documents of one investor may not be disclosed to another investor, except for information made public during the bid opening. Prequalification bid documents submitted after the bid closing time will not be opened, will be invalid, and will be rejected. Any documents submitted by the investor after the bid closing time to amend or supplement the submitted prequalification bid documents will be invalid, except for documents submitted by the investor to clarify the prequalification bid documents upon the tenderer's request or documents clarifying and supplementing to prove the investor's legitimate status, capacity, and experience;

c) When wishing to amend or withdraw the submitted prequalification bid documents, the investor must submit a request in writing to the tenderer. The tenderer will only approve the amendment or withdrawal of the prequalification bid documents if the request is received before the bid closing time;

d) The tenderer must accept the prequalification bid documents of all investors who submit their prequalification bid documents before the bid closing time, including cases where the bidding participants have not purchased or received the prequalification invitation documents directly from the tenderer. If the prequalification invitation documents have not been purchased, the investor must pay the tenderer an amount equal to the selling price of the prequalification invitation documents before the prequalification bid documents can be accepted.

2. Bid Opening

Prequalification bid documents submitted within the time and place specified in the prequalification invitation documents will be publicly opened and commence within one hour from the bid closing time. The bid opening process must be recorded in minutes, and the bid opening minutes must be sent to the investors who submitted the prequalification bid documents. Prequalification bid documents submitted after the bid closing time will not be opened, will be invalid, and will be rejected.

Article 20. Evaluation of prequalification application files

1. The evaluation of prequalification application files shall be conducted according to the evaluation criteria specified in the prequalification invitation document. Prequalification application files of investors with scores not lower than the minimum required score shall be included in the shortlist; the prequalification application file of the investor with the highest score shall be ranked first; if more than three investors meet the requirements, at least three and up to five investors with the highest rankings shall be included in the shortlist.

2. Clarification of prequalification application files:

a) After opening the bids, the investor is responsible for clarifying their prequalification application file according to the requirements of the tender inviter. In case the prequalification application file of the investor lacks documents proving eligibility, capacity, and experience, the tender inviter shall request the investor to clarify and supplement such documents to prove eligibility, capacity, and experience;

b) After the bid closing time, if the investor discovers that their prequalification application file lacks documents proving eligibility, capacity, and experience, the investor may submit such documents to the tender inviter for clarification. The tender inviter has the responsibility to accept the clarification documents from the investor for review and evaluation; supplementary and clarification documents regarding eligibility, capacity, and experience shall be considered part of the prequalification application file;

c) Clarification of prequalification application files can only be carried out between the tender inviter and the investor whose prequalification application file requires clarification. The content of the clarification must be documented and preserved by the tender inviter as part of the prequalification application file. The clarification process must ensure that it does not alter the essence of the investor's participation in the bidding.

Article 21. Submission, Review, Approval of Prequalification Results and Publicizing the Shortlist

1. Based on the report on the evaluation results of prequalification application files, the tender inviter shall submit for approval the prequalification results, including the tender inviter’s opinions on the evaluation contents of the expert team.

2. The prequalification results must be reviewed in accordance with Clause 2, Article 83 of this Decree before being approved.

3. The prequalification results must be approved in writing based on the submission for approval and the report on the review of the prequalification results. If a shortlist is selected, the approval document for the prequalification results must include the names of the successful prequalification investors and any necessary notes (if applicable). If no shortlist is selected, the approval document for the prequalification results must specify the reasons for not selecting a shortlist.

4. Publicizing the Shortlist: The shortlist must be published in accordance with Point d, Clause 1, Article 4 and Point c, Clause 1 or Point b, Clause 2, Article 5 of this Decree, and notification must be sent to the investors who submitted prequalification application files.

Section 2

INVESTOR SELECTION PLAN

Article 22. Preparation of Investor Selection Plan

1. Basis for preparing the investor selection plan:

a) Decision approving the project proposal (PPP Group C projects), feasibility study report for PPP projects; decision approving the list of investment projects using land;

b) Documents concerning the use of state capital participating in PPP projects (if applicable);

c) International treaties, international agreements for PPP projects using official development assistance funds, preferential loans (if applicable);

d) Prequalification results (if applicable);

e) Related documents.

2. Based on the provisions of Clause 1 of this Article, the tender inviter shall prepare the investor selection plan for submission to the competent authority, while simultaneously sending it to the reviewing unit.

3. The submission package includes the submission document and accompanying documents. The submission document includes a summary of the implementation process and the contents of the investor selection plan as stipulated in Article 23 of this Decree. The accompanying documents include copies of the basis for preparing the investor selection plan as specified in Clause 1 of this Article.

Article 23. Contents of the investor selection plan

1. Project name.

2. Total investment amount, total capital of the project (total investment capital) for PPP projects; preliminary total implementation costs of the project, compensation costs, land clearance costs for investment projects using land.

3. Preliminary state contribution capital to support construction of PPP project works, financial mechanism, form of state investment guarantee to support project implementation (if applicable).

4. Form and method of selecting investors

a) Clearly define the form of selecting investors as open tendering or direct award, domestic or international as stipulated in Article 9 of this Decree. For Group C PPP projects and investment projects using land where the preliminary total implementation cost of the project (excluding compensation and land clearance costs) is less than VND 120,000,000,000 (one hundred twenty billion), if prequalification is not applied, the form of selecting investors shall be open domestic tendering, except as provided for in Point c Clause 3 Article 9 of this Decree.

b) Clearly define the method of selecting investors as one-stage single-envelope or two-stage double-envelope as stipulated in Article 28 or Article 29 of the Public Procurement Law.

5. Time to commence investor selection

The time to commence investor selection starts from the issuance of tender documents or request documents, clearly recorded by month or quarter in the year.

6. Type of contract

Clearly define the type of contract as stipulated in Article 68 of the Public Procurement Law.

7. Contract execution period

The contract execution period is the number of years or months from the effective date of the contract to the completion date of obligations as stipulated in the contract.

Article 24. Review and approval of the investor selection plan

1. Review of the investor selection plan

a) Review of the investor selection plan involves conducting a review and evaluation of the contents prescribed in Article 23 of this Decree;

b) The unit entrusted with reviewing the investor selection plan prepares a review report to submit to the competent authority for approval.

2. Based on the review report, the competent authority approves the investor selection plan in writing as the basis for conducting investor selection.

Chapter III

OPEN TENDERING FOR INVESTOR SELECTION

IMPLEMENTATION OF PPP PROJECTS

Section 1

DETAILED PROCEDURE

Article 25. Detailed procedure

1. Preparation for investor selection, including:

a) Preparing tender documents;

b) Reviewing and approving tender documents.

2. Organizing investor selection, including:

a) Inviting tenders;

b) Issuing, amending, clarifying tender documents;

c) Preparing, submitting, receiving, managing, amending, withdrawing tender proposals;

d) Opening technical proposal documents.

3. Evaluating technical proposal documents, including:

a) Checking and evaluating the validity of technical proposal documents;

b) Detailing the evaluation of technical proposal documents;

c) Reviewing and approving the list of investors meeting technical requirements.

4. Opening and evaluating financial-commercial proposal documents, including:

a) Opening financial-commercial proposal documents;

b) Checking and evaluating the validity of financial-commercial proposal documents;

c) Detailing the evaluation of financial-commercial proposal documents and ranking investors;

d) Preliminary contract negotiation.

5. Submitting, reviewing, approving, and publicly announcing the results of investor selection.

6. Negotiating, finalizing, and signing contracts, including:

a) Negotiating and finalizing contracts;

b) Signing investment agreements and contracts.

Section 2

PREPARATION FOR INVESTOR SELECTION

Article 26. Preparation of Tender Documents

1. Basis for preparing tender documents:

a) Decision approving feasibility study reports, project files, and related documents;

b) Preliminary selection results;

c) Investment selection plan approved;

d) Relevant laws and state policies.

2. Contents of the Tender Invitation Document:

a) The tender documents shall not include any conditions that limit the participation of investors or create advantages for one or some investors, thereby causing unfair competition;

b) The tender documents must contain all necessary information for investors to prepare their bidding documents, including the following basic contents:

- General information about the project, including the content and scope of the project, detailed description of the project's outputs, services provided when the project is completed;

- Guidelines for investors, including bidding procedures and bidding data sheets;

- Requirements for the project based on the approved feasibility study report, including:

+ Technical requirements: Implementation standards for the project, quality requirements for construction works, products, or services provided; detailed descriptions of technical requirements and technical criteria used in evaluating bidding documents, environmental and safety requirements;

+ Financial and commercial requirements: Investment organization and business plans; financial plans (total investment capital, capital structure, and capital mobilization methods; state investment capital participating in the project (if applicable); expenses; sources of revenue, prices, fees for goods and services; time to recover capital, profit); specific risk allocation requirements;

- Evaluation criteria for bidding documents, including technical, financial and commercial evaluation criteria and methods for assessing these contents, without specifying evaluation criteria for investor capacity and experience but requiring investors to update information on their capacity and experience;

- Bidding forms, including bid submission forms, technical proposals, financial and commercial proposals, bidding guarantees, commitments from financial organizations (if any), and other forms;

- Type of project contract, contract conditions, and draft contract, including project implementation requirements, construction quality standards, service provision standards, pricing mechanisms, contract application provisions, rewards and penalties, force majeure, review of contracts during project operation, and other contents as prescribed by the Government regarding PPP investment.

Article 27. Criteria and Methods for Evaluating Bidding Documents

The method of evaluating bidding documents is reflected through the evaluation criteria in the tender documents, including:

1. Criteria and methods for evaluating technical aspects

a) Based on the scale, nature, and type of specific projects, technical evaluation criteria, including:

- Quantity and quality standards;

- Operation, management, business, maintenance, and repair standards;

- Environmental and safety standards.

When preparing tender documents, detailed technical evaluation criteria must be established based on the standards stipulated herein, suitable for each specific project and ensuring that selected investors meet the project's output requirements. During the establishment of detailed technical evaluation criteria, additional technical standards may be added as appropriate for each specific project.

b) Method of evaluating technical aspects

Using a scoring method with a scale of 100 or 1,000 points to establish technical evaluation criteria, where minimum and maximum scores must be specified for each general and detailed standard. When establishing technical evaluation criteria, the minimum score required to be considered as meeting the requirements must not be lower than 70% of the total technical points and the points for each quality, quantity; operation, management, business, maintenance, and repair; environmental and safety content must not be lower than 60% of the maximum points for that content.

c) Structure of point weightings corresponding to the contents stipulated in Point a Clause herein must be consistent with each specific project contract type but ensure a total weighting of 100%.

2. Methods for evaluating financial and commercial aspects

The methods for evaluating bidding documents specified in the tender documents include the following methods:

a) Service price method:

- The service price method is applied to projects where the service price is the criterion for evaluating financial and commercial aspects, with other contents such as asset and service standards under the project; payback period, and related factors clearly defined in the tender documents;

- For bidding documents evaluated as meeting technical requirements, comparisons and rankings are made based on the service price. The investor proposing the lowest service price is ranked first and invited for preliminary contract negotiations.

b) State capital contribution method:

- The state capital contribution method is applied to projects where the state capital contribution is the criterion for evaluating financial and commercial aspects, with other contents such as asset and service standards under the project, payback period, service price, and related factors clearly defined in the tender documents;

- For bidding documents evaluated as meeting technical requirements, comparisons and rankings are made based on the proposed state capital contribution. The investor proposing the lowest state capital contribution is ranked first and invited for preliminary contract negotiations.

c) Social benefit and state benefit method:

- The social benefit and state benefit method evaluates investors who propose the most effective project implementation plan, with related contents clearly defined in the tender documents. Investment effectiveness is assessed through the proposed budget submission criteria;

- For bidding documents evaluated as meeting technical requirements, comparisons and rankings are made based on the proposed budget submission. The investor proposing the largest budget submission is ranked first and invited for preliminary contract negotiations.

d) Combined method:

The combined method is developed based on combining the methods stipulated in Points a, b, and c of this Clause.

Article 28. Review and Approval of Tender Documents

1. The tender documents must be reviewed in accordance with Clause 2 of Article 82 of this Decree before approval.

2. The approval of the tender documents must be in writing, based on the proposal for approval and the report on the review of the tender documents.

Section 3

SELECTION OF INVESTORS

Article 29. Issuing Tenders

The tender invitation letter shall be sent to investors listed in the shortlist, specifying the time and place for issuing the tender documents, the deadline for submission, and the opening date of tenders.

Article 30. Issuance, Amendment, and Clarification of Tender Documents

1. The tender documents shall be issued to investors listed in the shortlist. For joint venture investors, only one member of the joint venture needs to purchase the tender documents.

2. In case of amending the tender documents after issuance, the tender issuer must send the decision to amend along with the amended contents of the tender documents to investors who have purchased or received the tender documents.

3. If clarification of the tender documents is required, the investor must submit a request to the tender issuer at least seven working days (for domestic tenders) or fifteen days (for international tenders) prior to the submission deadline for consideration and resolution. The clarification of the tender documents shall be carried out by the tender issuer through one or more of the following methods:

a) Sending a clarification document to investors who have purchased the tender documents;

b) In cases where necessary, organizing a pre-tender conference to discuss contents in the tender documents that the investors do not understand. The discussion contents must be recorded in minutes and clarified in a document sent to investors who have purchased the tender documents.

The clarification content of the tender documents must not contradict the approved tender document content. If clarification of the tender documents leads to the need to amend the tender documents, such amendment shall be carried out in accordance with Clause 2 of this Article.

4. The decision to amend and the clarification document of the tender documents are part of the tender documents.

Article 31. Preparation, Submission, Acceptance, Management, Amendment, and Withdrawal of Bid Documents

1. Investors are responsible for preparing and submitting bid documents according to the requirements of the tender documents.

2. The tender issuer shall accept and manage submitted bid documents under a confidential file management system until the results of the investor selection are publicly disclosed; in all cases, information in the bid documents of one investor shall not be disclosed to another investor, except for information made public during the opening of tenders. Bid documents sent to the tender issuer after the submission deadline will not be opened, are invalid, and will be rejected. Any documents sent by the investor after the submission deadline to amend or supplement the submitted bid documents are invalid, except for documents sent by the investor to clarify the bid documents upon the tender issuer's request or documents clarifying and supplementing to prove the investor's eligibility.

3. When wishing to amend or withdraw submitted bid documents, the investor must submit a written request to the tender issuer. The tender issuer will only approve the amendment or withdrawal of the bid documents if the written request is received before the submission deadline.

4. If an investor needs to change their participation status (name) in the tender compared to the name in the shortlist, they must notify the tender issuer in writing at least seven working days before the submission deadline. The tender issuer shall report to the competent authority for examination and decision on the change of the investor's status, specifically as follows:

a) Permitting a joint venture or adding a new member from outside the shortlist to the joint venture;

b) Not accepting an investor whose member has withdrawn from the joint venture without replacing them with a new member having equivalent or higher capability and experience.

Article 32. Opening Technical Proposal Documents

1. Opening Technical Proposal Documents: The opening of technical proposal documents must be conducted publicly and commence within one hour from the closing time of the tender. Only technical proposal documents received by the tender inviter before the closing time according to the tender invitation shall be opened in the presence of representatives of investors attending the bid opening ceremony, regardless of their presence or absence.

2. Bid Opening Procedure: The bid opening shall be conducted for each bid proposal in alphabetical order of investor names and in the following sequence:

- Checking seals;

- Opening the document and reading out clearly the information on: Investor name; number of original and copied technical proposal documents; bid proposal under the technical proposal; validity period of the technical proposal document; contract implementation period; value and validity of the bid guarantee; other related information.

3. Bid Opening Minutes: All information stipulated in Clause 2 of this Article must be recorded in the bid opening minutes. The bid opening minutes must be signed and confirmed by representatives of the tender inviter and investors attending the bid opening ceremony. These minutes must be sent to all bidders.

4. Representatives of the tender inviter must sign and confirm on the original bid proposal form, power of attorney of the legal representative of the investor (if any); joint venture agreement (if any); bid guarantee; important contents of each technical proposal document.

5. Financial and commercial proposal documents of all investors must be sealed in a separate envelope by representatives of the tender inviter and investors attending the bid opening ceremony.

Article 33. Principles for Evaluating Bid Proposals

1. Evaluation of bid proposals must be based on the evaluation criteria and other requirements in the tender invitation, based on submitted bid proposals, explanatory documents clarifying bid proposals of investors to ensure the selection of investors with sufficient capability, experience, technology, financial and commercial capacity to implement the project.

2. Evaluation shall be conducted on copies, investors are responsible for the consistency between the original and copy. In case there is a discrepancy between the original and copy but does not change the ranking order of investors, the original shall be the basis for evaluation.

3. In case there is a discrepancy between the original and copy leading to different evaluation results, changing the ranking order of investors, the bid proposal of that investor will be disqualified.

Article 34. Clarification of Bid Proposals

1. After the bid opening, investors are responsible for clarifying their bid proposals according to the tender inviter's requirements. Clarification of the contents of technical and financial-commercial proposals in the bid proposal must ensure the principle of not changing the fundamental content of the submitted bid proposal.

2. After the closing time, if investors discover that their bid proposals lack documents proving their legitimate status, capability, and experience, investors (in cases where changes in status are accepted) may submit documents to the tender inviter to clarify their legitimate status. The tender inviter has the responsibility to accept and review these clarification documents; supplementary documents regarding legitimate status, capability, and experience are considered part of the bid proposal.

3. Clarification of bid proposals can only be carried out between the tender inviter and investors whose bid proposals need clarification, ensuring the principle of not altering the essence of the bidding investor. The content of bid proposal clarification must be documented in writing and preserved by the tender inviter as part of the bid proposal.

Article 35. Correcting errors and adjusting discrepancies

1. Correcting errors means revising mistakes in the bidding dossier including arithmetic errors, unit errors; differences between technical proposal contents and financial-commercial proposal contents, and other errors.

2. Adjusting discrepancies means modifying missing or excess contents in the bidding dossier compared to the tender invitation document requirements. Adjusting discrepancies shall be carried out on the principle of ensuring fairness, transparency, and economic efficiency.

3. After discovering errors or discrepancies, the tenderer must notify the investor in writing about the errors, discrepancies, and the correction of errors and adjustment of discrepancies. Within seven working days from the date of receiving the tenderer's notification, the investor must provide written comments to the tenderer regarding the following:

a) Acceptance or non-acceptance of the error correction results. In case the investor does not accept the error correction results, the investor’s bidding dossier will be disqualified;

b) Stating their opinion on the discrepancy adjustment results. If the investor does not accept the discrepancy adjustment results, they must clearly state the reasons for the tenderer to consider and decide.

Section 4

TECHNICAL PROPOSAL ASSESSMENT

Article 36. Assessment of technical proposal dossiers

1. Checking the validity of the technical proposal dossier, including:

a) Checking the number of original and copied technical proposal dossiers;

b) Checking the components of the technical proposal dossier, including: Bidding form belonging to the technical proposal, joint venture agreement (if any), power of attorney for signing the bidding form (if any); bid guarantee; technical proposal; other components of the technical proposal dossier;

c) Checking the consistency of content between the original and copied dossiers to serve the detailed assessment process of the technical proposal dossier.

2. Assessing the validity of the technical proposal dossier:

The investor's technical proposal dossier is considered valid when it meets all of the following contents:

a) There is an original technical proposal dossier;

b) There is a bidding form belonging to the technical proposal signed by the legal representative of the investor with a stamp (if required) according to the tender invitation document requirements. For a joint venture investor, the bidding form must be signed by the legal representative of each joint venture member with a stamp (if required) or the leading member of the joint venture representing the joint venture to sign the bidding form according to the responsibility division in the joint venture agreement;

c) The validity period of the technical proposal dossier meets the requirements specified in the tender invitation document;

d) There is a bid guarantee with value and validity period meeting the requirements of the tender invitation document. In cases where the bid guarantee is provided in the form of a letter of guarantee, the letter of guarantee must be signed by the legal representative of the financial institution with the value and validity period, beneficiary according to the requirements of the tender invitation document;

đ) Not appearing in two or more technical proposal dossiers as an independent investor or a member of a joint venture;

e) There is a joint venture agreement signed by the legal representative of each joint venture member with a stamp (if required);

g) The investor is not currently prohibited from participating in bidding activities according to the provisions of the Law on Bidding;

h) The investor ensures eligibility according to the provisions of Clause 1, Article 5 of the Law on Bidding.

3. Investors with valid technical proposal dossiers, having updated capacity and experience that meet the tender invitation document requirements will be considered and assessed in detail in terms of technical aspects.

4. Detailed assessment of technical proposal dossiers:

a) The detailed assessment of technical proposal dossiers is conducted according to the technical evaluation criteria stated in the tender invitation document;

b) Investors who meet the technical requirements will be considered and assessed for their financial-commercial proposal dossiers.

Article 37. Review and Approval of the List of Investors Meeting Technical Requirements

The list of investors meeting technical requirements must be approved in writing based on the proposal for approval and the report on reviewing the list of investors meeting technical requirements. The tenderer must notify the list of investors meeting technical requirements to all participating investors, inviting those meeting technical requirements to open financial-commercial proposal envelopes.

Section 5

OPENING AND EVALUATING FINANCIAL-COMMERCIAL PROPOSALS

Article 38. Opening Financial-Commercial Proposals

1. Check the sealing of the envelopes containing the financial-commercial proposals.

2. Open the financial-commercial proposals:

a) Only proceed to open the financial-commercial proposals of investors listed in the list of investors meeting technical requirements in the presence of representatives of investors attending the opening ceremony of financial-commercial proposals, regardless of their presence or absence.

b) Require each investor's representative attending the opening of financial-commercial proposals to confirm whether there is or is not a letter proposing service price reduction or state capital contribution reduction or increased state budget payment attached to their financial-commercial proposal.

c) The opening of financial-commercial proposals shall be conducted sequentially according to the alphabetical order of the names of investors listed in the list of investors meeting technical requirements, following the sequence below:

- Checking seals;

- Open the envelope and clearly read out information including: Investor name; number of original and copied financial-commercial proposal documents; bid form included in the financial-commercial proposal; validity period of the financial-commercial proposal; total investment amount and total project capital, service price, state capital contribution for construction support (if applicable), state budget payment recorded in the bid form (if applicable); value of service price reduction or state capital contribution reduction or increased state budget payment (if applicable); technical points of bidding documents evaluated as meeting technical requirements; other related information.

3. Record of Opening Financial-Commercial Proposals

a) All information mentioned in Clause 1 and Clause 2 of this Article must be recorded in the record of opening financial-commercial proposals. The record of opening financial-commercial proposals must be signed and confirmed by the representative of the tenderer and the investor attending the opening of financial-commercial proposals. This record must be sent to investors meeting technical requirements.

b) The representative of the tenderer must sign and confirm on all pages of the original financial-commercial proposal documents.

Article 39. Evaluating Financial-Commercial Proposals

1. Verify the legality of the financial-commercial proposals, including:

a) Check the number of original and copied financial-commercial proposal documents.

b) Check the components of the financial-commercial proposal documents, including: Bid form included in the financial-commercial proposal; other components of the financial-commercial proposal documents.

c) Check the consistency of content between the original and copied documents to serve the detailed evaluation process of the financial-commercial proposal documents.

2. Evaluate the legality of the financial-commercial proposals:

An investor’s financial-commercial proposal will be considered legal when it meets the following contents fully:

a) There is an original financial-commercial proposal document.

b) There is a bid form included in the financial-commercial proposal signed and stamped (if applicable) by the authorized representative of the investor according to the tender document requirements; the total investment amount and total project capital, service price, state capital contribution, state budget payment recorded in the bid form must be specific, fixed in figures and words, consistent and logical with the investor's financial plan, without proposing different values for the same content or attaching conditions detrimental to the competent authority or the tenderer. For joint venture investors, the bid form must be signed and stamped (if applicable) by the authorized representative of each joint venture member or the head of the joint venture signing the bid form on behalf of the joint venture according to the division of responsibilities in the joint venture agreement.

c) The validity of the financial-commercial proposal document meets the requirements stipulated in the tender document.

Investors with legal financial-commercial proposal documents will be subject to detailed financial-commercial evaluation.

3. Detailed Evaluation of Financial-Commercial Proposals and Ranking of Investors

a) The detailed evaluation of financial-commercial proposals and ranking of investors is carried out according to the evaluation criteria specified in the tender document.

b) After selecting the ranked list of investors, the expert team prepares a report for the tenderer to review. The report must include the following contents:

- The list of investors reviewed, ranked, and their ranking order.

- The list of investors not meeting requirements and excluded; reasons for excluding investors.

- Comments on the competitiveness, fairness, transparency, and economic efficiency during the selection process. In cases where competitiveness, fairness, transparency, and economic efficiency are not guaranteed, the reasons must be clearly stated and measures to address them proposed.

- Contents of the tender document that are inconsistent with the bidding laws leading to unclear or differing interpretations during implementation or potentially distorting the selection results (if any); propose measures to address them.

Article 40. Preliminary Contract Negotiations

1. The first-ranked investor shall be invited to conduct preliminary contract negotiations. In case the invited investor does not attend or refuses to conduct preliminary contract negotiations, the investor will not be refunded the tender guarantee.

2. Preliminary contract negotiations must be based on the following grounds:

a) Tender evaluation report;

b) Tender documents and clarifications to tender documents (if any) of the investor;

c) Invitation to tender.

3. Principles for preliminary contract negotiations:

a) No preliminary negotiations shall be conducted on contents that the investor has bid in accordance with the requirements of the invitation to tender;

b) Preliminary contract negotiations shall not alter the basic contents of the tender documents.

4. Contents of preliminary contract negotiations:

a) Preliminary negotiations on contents that are insufficiently detailed, unclear, or unsuitable, inconsistencies between the invitation to tender and tender documents, and among different contents within the tender documents which may lead to disputes or affect the responsibilities of the parties during contract implementation;

b) Preliminary negotiations on issues arising during the selection process of investors (if any), aiming to perfect the detailed contents of the project;

c) Negotiations on other necessary contents.

5. During the preliminary contract negotiations, the parties involved shall complete the draft investment agreement and draft contract.

6. In case preliminary contract negotiations fail, the tenderer shall report to the competent authority for consideration and decision to invite the next-ranked investor to conduct preliminary contract negotiations; if preliminary negotiations with subsequent ranked investors also fail, the tenderer shall report to the competent authority for consideration and decision to cancel the tender according to Clause 1, Article 17 of the Bidding Law.

Article 41. Principles for Award Approval

An investor shall be proposed for selection when meeting the following conditions:

1. Having valid bid documents;

2. Meeting the requirements for capacity and experience;

3. Meeting the technical requirements;

4. Having the lowest service price, not exceeding the service price determined in the feasibility study report approved, in compliance with the legal provisions on prices, fees, and charges for the service price method; proposing the lowest state capital contribution and not exceeding the state capital contribution value determined in the feasibility study report approved for the state capital contribution method; proposing the largest budget revenue submission for the social benefit, state benefit method.

Chapter 6

REVIEW, APPROVAL, AND PUBLIC ANNOUNCEMENT OF RESULTS

SELECTION OF INVESTORS

Article 42. Review, Approval, and Public Announcement of Investor Selection Results

1. Based on the tender document evaluation result report, the tenderer shall submit the investor selection results, clearly stating the tenderer's opinions on the evaluation contents of the expert team.

2. The investor selection results must be reviewed according to Clause 4, Article 83 of this Decree before approval.

3. The investor selection results must be approved in writing, based on the approval proposal and the review report on the investor selection results.

4. In case an investor is selected as the winner, the approval document for the investor selection results must include the following contents:

a) Project name, location, and scale;

b) Name of the winning investor;

c) Type of contract;

d) Commencement date, completion date of construction, operation, and transfer of the project works;

đ) Conditions for land use to implement the project (location, area, purpose, duration of land use);

e) Total investment and total capital of the project;

g) Service price, state capital contribution portion, or budget revenue submission portion;

h) Other matters requiring attention (if any).

5. In case the tender is canceled according to Clause 1, Article 17 of the Bidding Law, the reasons for cancellation and the responsibilities of the related parties upon cancellation must be clearly stated in the approval document for the investor selection results or the decision document to cancel the tender.

6. After receiving the approval document for the investor selection results, the tenderer must publish information about the investor selection results according to Point đ, Clause 1, Article 4 and Point c, Clause 1 or Point b, Clause 2, Article 5 of this Decree; send the notification document of the investor selection results to participating investors within the time limit specified in Clause 13, Article 6 of this Decree. The content of the notification of the investor selection results includes:

a) Information stipulated in Clause 4 of this Article;

b) List of non-selected investors and summaries of the reasons for non-selection of each investor;

c) Plan for negotiations, completion, and signing of contracts with the selected investor.

Section 7

NEGOTIATIONS, COMPLETION, AND SIGNING OF CONTRACTS

Article 43. Negotiation and Completion of Contracts

1. Based on the results of investor selection and preliminary contract negotiation outcomes, the competent state agency shall organize negotiations and complete contracts with the selected investors.

2. Content of Negotiation and Completion of Contracts

a) The content of negotiation and completion of contracts shall not fundamentally alter the contents of the preliminary contract negotiations as stipulated in Clause 4, Article 40 of this Decree and the results of investor selection. The content of negotiation and completion of contracts includes the following:

- Details of the contents in preliminary contract negotiations;

- Basis for signing the project contract;

- Any changes to special contract terms (if applicable).

b) In addition to the contents prescribed in Point a of this Clause, the tenderer shall report to the authorized decision-maker on other negotiation and contract completion contents that are appropriate to the type of project contract.

3. In case negotiations and completion of contracts are unsuccessful, the tenderer shall report to the authorized decision-maker to review and decide to invalidate the results of investor selection and invite the next-ranked investor to conduct preliminary contract negotiations and proceed with the steps as prescribed in Articles 40, 41, and 42 of this Decree and Clause 1 and Clause 2 of this Article.

Article 44. Signing Investment Agreements and Contracts

1. The signing of investment agreements shall be carried out in accordance with the Government's regulations on PPP investment.

2. Contracts signed between the parties must comply with the provisions of Articles 69, 70, 71, and 72 of the Bidding Law and the Government's regulations on PPP investment.

Chapter IV

EXTENSIVE SELECTION OF INVESTORS FOR PPP PROJECT GROUP C

PPP PROJECT GROUP C

Article 45. Detailed Procedures

1. Preparation for investor selection, including:

a) Preparing tender documents;

b) Reviewing and approving tender documents.

2. Organizing investor selection, including:

a) Inviting tenders;

b) Issuing, amending, clarifying tender documents;

c) Preparing, submitting, receiving, managing, amending, withdrawing tender proposals;

d) Opening technical proposal documents.

3. Evaluating technical proposal documents, including:

a) Checking and evaluating the validity of technical proposal documents;

b) Detailing the evaluation of technical proposal documents;

c) Approval of a list of investors meeting technical requirements.

4. Opening and evaluating financial-commercial proposal documents, including:

a) Opening financial-commercial proposal documents;

b) Checking and evaluating the validity of financial-commercial proposal documents;

c) Detailed evaluation of financial-commercial proposal submissions and ranking of investors.

5. Submitting, reviewing, approving, and publicly announcing the results of investor selection.

6. Negotiation, completion, and signing of contracts, including:

a) Negotiating and finalizing contracts;

b) Signing of contracts.

Article 46. Preparation of Tender Documents

1. Basis for preparing tender documents:

a) Decision to approve the project proposal; project documentation and related materials;

b) Preliminary screening results (if applicable);

c) Investment selection plan approved;

d) Relevant laws and state policies.

2. Contents of the Tender Invitation Document:

a) The tender documents shall not include any conditions that limit the participation of investors or create advantages for one or some investors, thereby causing unfair competition;

b) The tender documents must contain all necessary information for investors to prepare their bidding documents, including the following basic contents:

- General information about the project, including the content and scope of the project, detailed description of the project's outputs, services provided when the project is completed;

- Guidelines for investors, including bidding procedures and bidding data sheets;

- Project requirements according to the approved project proposal, including:

+ Technical requirements: Implementation standards, quality requirements, construction works, products, or services provided; detailed descriptions of technical requirements and technical criteria used in bid evaluation, environmental and safety requirements;

+ Financial-commercial requirements: Investment and business organization plans; financial plan (total investment capital, capital structure, and financing methods; state investment capital participating in the project (if applicable); expenses; revenue sources, prices, fees for goods and services; payback period, profit); specific risk allocation requirements;

- Bid evaluation criteria including capacity and experience evaluation criteria for cases where preliminary screening is not applied (in cases where preliminary screening is applied, there is no need to specify capacity and experience evaluation criteria for investors but investors must update information about their capacity and experience); technical; financial-commercial and methods for evaluating these aspects;

- Bid forms;

- Type of project contract, contract conditions, and draft contract.

Article 47. Standards and methods for evaluating tender documents

The method of evaluating bidding documents is reflected through the evaluation criteria in the tender documents, including:

1. Standards and methods for evaluating capacity and experience as prescribed in Point d Clause 1 Article 17 of this Decree in cases where prequalification is not applied.

2. Standards and methods for evaluating technical aspects as prescribed in Clause 1 Article 27 of this Decree.

3. Methods for evaluating financial-commercial aspects as prescribed in Clause 2 Article 27 of this Decree.

Article 48. Reviewing and Approving Tender Invitations

1. The tender documents must be reviewed in accordance with Clause 2 of Article 82 of this Decree before approval.

2. The approval of tender invitations must be in writing and based on the approval proposal and the report on the review of tender invitations.

Article 49. Organizing the Selection of Investors

The organization of investor selection shall be carried out in accordance with the provisions of Section 3 Chapter III of this Decree. In cases where prequalification is not applied, the tender invitation, issuance of tender documents, and opening of technical proposals shall be conducted according to the following regulations:

1. Tender Invitation

The tender invitation announcement shall be published in accordance with Point đ Clause 1 Article 4 and Point b Clause 1 or Point a Clause 2 Article 5 of this Decree.

2. Issuance of Tender Documents

Tender documents shall be issued to investors participating in open bidding. For joint venture investors, only one member of the joint venture needs to purchase the tender documents, including cases where the joint venture has not yet been formed at the time of purchasing the tender documents.

3. Opening Technical Proposals

Technical proposals shall be opened in accordance with Article 32 of this Decree, including cases where only one investor submits a tender document.

Article 50. Evaluation of Technical Proposals

1. The verification and evaluation of the validity of technical proposals shall be carried out in accordance with Clause 1 and Clause 2 Article 36 of this Decree.

2. Evaluation of Capacity and Experience:

The evaluation of capacity and experience shall be conducted based on the evaluation criteria for capacity and experience stated in the tender invitation. In cases where prequalification is applied, there is no need to evaluate the capacity and experience of investors, but it is necessary to require investors to update information about their capacity and experience.

3. Investors with valid technical proposals that meet the requirements for capacity and experience shall be considered and evaluated technically.

4. Detailed evaluation of technical proposals shall be carried out in accordance with Clause 4 Article 36 of this Decree.

Article 51. Reviewing and Approving Lists of Investors Meeting Technical Requirements

The reviewing and approving of lists of investors meeting technical requirements shall be carried out in accordance with Article 37 of this Decree.

Article 52. Opening and Evaluating Financial-Commercial Proposals

The opening and evaluation of financial-commercial proposals shall be carried out in accordance with Articles 38 and 39 of this Decree.

Article 53. Principles for Awarding Contracts

An investor shall be proposed for selection when meeting the following conditions:

1. Having valid bid documents;

2. Meeting the requirements for capacity and experience;

3. Meeting the technical requirements;

4. Having the lowest service price, not exceeding the service price determined in the approved project proposal, consistent with legal provisions on prices, fees, and charges for the service price method; having the lowest state capital contribution proposal and not exceeding the value of the state capital contribution determined in the approved project proposal for the state capital contribution method; having the largest government budget submission proposal for the social benefit, state benefit method.

Article 54. Submission, Review, Approval, and Public Disclosure of the Investor Selection Results

The submission, review, approval, and public disclosure of the investor selection results shall be carried out in accordance with the provisions of Article 42 of this Decree.

Article 55. Negotiation, Completion, and Signing of Contracts

1. Basis for negotiation and completion of contracts:

a) The results of the investor selection;

b) The tender evaluation report;

c) The tender dossier and clarifications to the tender dossier (if any) of the investor;

d) Tender invitation documents.

2. Principles for negotiation and completion of contracts:

a) Negotiations shall not be conducted on matters that the investor has bid in accordance with the requirements of the tender invitation;

b) The negotiation and completion of the contract shall not alter the basic contents of the tender dossier.

3. Contents of negotiation and completion of contracts:

a) Negotiate about details that are insufficiently detailed, unclear, or unsuitable, inconsistencies between the tender invitation and the tender dossier, and among different parts of the tender dossier which may lead to disputes or affect the responsibilities of the parties during the implementation of the contract;

b) Negotiate about issues arising during the investor selection process (if any) with the aim of completing the detailed contents of the project;

c) Negotiations on other necessary contents.

4. In case negotiations and completion of the contract are unsuccessful, the tenderer shall report to the competent authority for consideration and decision to cancel the investor selection results and invite the next ranked investor to negotiate and complete the contract;

5. The contract signed by the parties must comply with the provisions of Articles 69, 70, 71, Clauses 1, 3, and 4 of Article 72 of the Bidding Law, Point a of Clause 2 of Article 8 of this Decree, and the Government's regulations on PPP investment.

Chapter V

EXTENSIVE SELECTION OF INVESTORS FOR PPP PROJECT GROUP C

INVESTMENT PROJECTS USING LAND

Section 1

DETAILED PROCEDURE

Article 56. Detailed Procedures

1. Preparation for investor selection, including:

a) Preparing tender documents;

b) Reviewing and approving tender documents.

2. Organizing investor selection, including:

a) Inviting tenders;

b) Issuing, amending, clarifying tender documents;

c) Preparing, submitting, receiving, managing, amending, withdrawing tender proposals;

d) Opening technical proposal documents.

3. Evaluating technical proposal documents, including:

a) Checking and evaluating the validity of technical proposal documents;

b) Detailing the evaluation of technical proposal documents;

c) Reviewing and approving the list of investors meeting technical requirements.

4. Opening and evaluating financial-commercial proposal documents, including:

a) Opening financial-commercial proposal documents;

b) Checking and evaluating the validity of financial-commercial proposal documents;

c) Detailing the evaluation of financial-commercial proposal documents and ranking investors;

d) Preliminary contract negotiation.

5. Submitting, reviewing, approving, and publicly announcing the results of investor selection.

6. Negotiating, finalizing, and signing contracts, including:

a) Negotiating and finalizing contracts;

b) Signing of contracts.

Section 2

PREPARATION FOR INVESTOR SELECTION

Article 57. Preparation of Tender Invitation Documents

1. Basis for preparing tender documents:

a) The list of projects published in accordance with the regulations;

b) Preliminary screening results (if applicable);

c) Investment selection plan approved;

d) Current laws and regulations on land, housing, real estate business, investment, construction, and related laws;

2. Contents of the Tender Invitation Document:

a) The tender documents shall not include any conditions that limit the participation of investors or create advantages for one or some investors, thereby causing unfair competition;

b) The tender documents must contain all necessary information for investors to prepare their bidding documents, including the following basic contents:

- General information about the project including the name of the project; objectives, functions; location; scale; preliminary schedule; current status of the land area, land fund; planning indicators;

- Guidelines for investors, including bidding procedures and bidding data sheets;

- Requirements for implementing the project; architectural requirements; environmental and safety requirements; other project contents (if any);

- Criteria for evaluating the tender dossier including criteria for assessing capacity and experience for cases where prequalification is not applied (in cases where prequalification is applied, there is no need to specify criteria for assessing the capacity and experience of investors, but investors must update their capacity and experience information); technical, financial-commercial evaluation criteria, and methods for evaluating these contents;

- Bidding forms, including bid submission forms, technical proposals, financial and commercial proposals, bidding guarantees, commitments from financial organizations (if any), and other forms;

- Land transfer period or lease period; purpose of land use; land use structure;

- Basis for determining the amount of land use fee and land lease fee that the investor must pay to the state budget within the granted land transfer or lease period;

- Preliminary plan for compensation and land clearance;

- Floor price = m₁ + m₂

Where:

+ m₁ is the preliminary total cost of implementing the project (excluding compensation and land clearance costs) determined by the tenderer for each specific project to ensure the maximum utilization and effectiveness of the land area, land fund, land area, land use coefficient, and spatial land use planning based on approved district development plans at a scale of 1/2000 or detailed construction plans at a scale of 1/500 (if available);

+ m₂ is the total compensation and land clearance costs built by the tenderer based on the plan prescribed in Article 11 of this Decree.

The tender invitation documents must stipulate that if the actual compensation and land clearance costs are lower than the proposed compensation and land clearance costs by the investor, the difference will be paid into the state budget; if higher, the investor must make up the shortfall. The investor will be allowed to deduct the actual compensation and land clearance costs from the land lease fees but not exceeding the land lease fees payable according to the land law regulations.

- Draft contract including project implementation requirements, land transfer or lease period; land area, land fund area; land lease fees, land use fees; methods for deducting actual compensation and land clearance costs from land lease fees, payment methods for land use fees; coordination responsibilities of organizations performing compensation and land clearance tasks; applicable provisions; contract rewards and penalties; force majeure; review of the contract during project operation, and other contents.

Article 58. Standards and methods for evaluating tender documents

The method of evaluating bidding documents is reflected through the evaluation criteria in the tender documents, including:

1. Standards and methods for evaluating capacity and experience as prescribed in Point d Clause 1 Article 17 of this Decree in cases where prequalification is not applied.

2. Standards and methods for technical evaluation:

a) Based on the scale, nature, and type of specific projects, technical evaluation criteria, including:

- The compatibility of the project objectives proposed by the investor with the approved detailed planning at a scale of 1/2,000 or 1/500 (if available);

- Requirements regarding the scale of the project, architectural solutions, and basic functions of the construction works;

- Environmental and safety requirements;

- Other standards appropriate to each specific project.

b) Method for technical evaluation:

Use a scoring method on a scale of 100 or 1,000 points to establish technical evaluation standards, wherein the minimum and maximum scores must be specified for each general and detailed standard. When establishing technical evaluation standards, the minimum score required to meet the criteria must not be lower than 70% of the total technical points, and the score of each content requirement stipulated in Point a Clause 1 of this Article must not be lower than 60% of the maximum points for that content.

c) The structure of the weight of points corresponding to the contents stipulated in Point a of this Clause must be appropriate to each specific project but must ensure that the total weight of points equals 100%.

3. Standards and methods for financial and commercial evaluation:

a) Financial and commercial evaluation standards include:

- Investment proposal price (A) = M₁ + M₂

- Investment efficiency (B) = M₂ + M₃

Where:

+ M₁ is the total actual cost of implementing the project (excluding compensation and land clearance costs) proposed by the investor in the tender document.

+ M₂ is the compensation and land clearance value proposed by the investor in the tender document, which must be transferred entirely to the relevant unit or organization according to regulations after being selected to carry out compensation and land clearance for the project area.

+ M₃ is the state budget contribution value proposed by the investor in the tender document.

b) Method for financial and commercial evaluation:

- Use the social benefit and state benefit method to evaluate financial and commercial aspects.

- For tender documents evaluated as meeting technical requirements, compare and rank based on investment efficiency (B). Investors with proposed prices (A) not lower than the floor price, compensation and land clearance values (M₂) not lower than m₂, and the highest investment efficiency (B) will be ranked first and invited for preliminary contract negotiations.

Article 59. Review and approval of tender invitation documents

The review and approval of tender invitation documents shall be carried out in accordance with the provisions of Article 28 of this Decree.

Section 3

SELECTION OF INVESTORS

Article 60. Conditions for issuing tender invitation documents

Tender invitation documents may only be issued to select investors for projects involving land use when the following conditions are met:

1. Meeting the conditions prescribed in Clause 2 of Article 7 of the Bidding Law;

2. Having detailed planning at a scale of 1/2,000 or 1/500 (if available).

Article 61. Selection of investors

The organization of investor selection shall be carried out in accordance with the provisions of Section 3 Chapter III of this Decree. In cases where prequalification is not applied, the tender invitation, issuance of tender documents, and opening of technical proposals shall be conducted according to the following regulations:

1. Tender Invitation

The tender invitation announcement shall be published in accordance with Point đ Clause 1 Article 4 and Point b Clause 1 or Point a Clause 2 Article 5 of this Decree.

2. Issuance of Tender Documents

Tender documents shall be issued to investors participating in open bidding. For joint venture investors, only one member of the joint venture needs to purchase the tender documents, including cases where the joint venture has not yet been formed at the time of purchasing the tender documents.

3. Opening Technical Proposals

Technical proposals shall be opened in accordance with Article 32 of this Decree, including cases where only one investor submits a tender document.

Section 4

TECHNICAL PROPOSAL ASSESSMENT

Article 62. Evaluation of technical proposal documents

1. The verification and evaluation of the validity of technical proposals shall be carried out in accordance with Clause 1 and Clause 2 Article 36 of this Decree.

2. Evaluation of Capacity and Experience:

The evaluation of capacity and experience shall be conducted based on the evaluation criteria for capacity and experience stated in the tender invitation. In cases where prequalification is applied, there is no need to evaluate the capacity and experience of investors, but it is necessary to require investors to update information about their capacity and experience.

3. Investors with valid technical proposals that meet the requirements for capacity and experience shall be considered and evaluated technically.

4. Detailed evaluation of technical proposals shall be carried out in accordance with Clause 4 Article 36 of this Decree.

Article 63. Review and approval of lists of investors meeting technical requirements

The review and approval of lists of investors meeting technical requirements shall be carried out in accordance with the provisions of Article 37 of this Decree.

Section 5

OPENING AND EVALUATING FINANCIAL-COMMERCIAL PROPOSALS

Article 64. Opening Financial-Business Proposal Files

The opening of financial-business proposal files shall be carried out in accordance with the provisions of Article 38 of this Decree. Specifically, the information that must be clearly read at the opening of financial-business proposal files includes: Name of investor; number of original copies and photocopies of the financial-business proposal file; tender submission included in the financial-business proposal; validity period of the financial-business proposal file; total implementation cost of the project (excluding compensation and land clearance costs) proposed by the investor (M), compensation and land clearance value proposed by the investor (M), state budget contribution value (M), if any; proposed increase in state budget contribution value (if any); technical points of tender documents evaluated as meeting technical requirements; other related information.₁), compensation value, land clearance value proposed by the investor (M₂), value submitted to the state budget (M₃), if any; proposed increase value for state budget submission (if any); technical aspects of tender documents evaluated as meeting technical requirements; other related information.

Article 65. Evaluation of Financial-Business Proposal Files

The evaluation of financial-business proposal files shall be carried out in accordance with the provisions of Article 39 of this Decree. Specifically, the assessment of the validity of the tender submission within the financial-business proposal file is based on the following contents: The tender submission must be signed by the lawful representative of the investor and stamped (if required) according to the tender invitation document; the total implementation cost of the project (excluding compensation and land clearance costs) proposed by the investor (M), if any, must be specifically and fixedly stated in figures and words, consistent and logical, without proposing different values for the same content or accompanied by conditions detrimental to the competent state authority or the tender inviter. For joint venture investors, the tender submission must be signed by the lawful representative of each joint venture member and stamped (if required) or signed by the leading member of the joint venture representing the joint venture according to the division of responsibilities in the joint venture agreement.₁), compensation value, land clearance value proposed by the investor (M₂), value submitted to the state budget (M₃), if any, must be specific, fixed in figures and words, consistent and logical, not proposing different values for the same content or accompanied by conditions detrimental to the competent state authority or the tender inviter. For joint venture investors, the tender application must be signed by the legal representative of each joint venture member (with seal, if any) or by the leading member representing the joint venture according to the responsibilities assigned in the joint venture agreement.

Article 66. Preliminary Contract Negotiations

1. The first-ranked investor shall be invited to conduct preliminary contract negotiations. In case the invited investor does not attend or refuses to conduct preliminary contract negotiations, the investor will not be refunded the tender guarantee.

2. Preliminary contract negotiations must be based on the following grounds:

a) Tender evaluation report;

b) Tender documents and clarifications to tender documents (if any) of the investor;

c) Invitation to tender.

3. Principles for preliminary contract negotiations:

a) No preliminary negotiations shall be conducted on contents that the investor has bid in accordance with the requirements of the invitation to tender;

b) Preliminary contract negotiations shall not alter the basic contents of the tender documents.

4. Contents of preliminary contract negotiations:

a) Preliminary negotiations on contents that are insufficiently detailed, unclear, or unsuitable, inconsistencies between the invitation to tender and tender documents, and among different contents within the tender documents which may lead to disputes or affect the responsibilities of the parties during contract implementation;

b) Preliminary negotiations on issues arising during the selection process of investors (if any), aiming to perfect the detailed contents of the project;

c) Negotiations on other necessary contents.

5. During the preliminary contract negotiations, the parties involved proceed to finalize the draft contract.

6. In case preliminary contract negotiations fail, the tenderer shall report to the competent authority for consideration and decision to invite the next-ranked investor to conduct preliminary contract negotiations; if preliminary negotiations with subsequent ranked investors also fail, the tenderer shall report to the competent authority for consideration and decision to cancel the tender according to Clause 1, Article 17 of the Bidding Law.

Article 67. Principles for Award Approval

The investor proposed for selection must meet all of the following conditions:

1. Having valid bid documents;

2. Meeting the requirements for capacity and experience;

3. Meeting the technical requirements;

4. Having a proposed price from the investor (A) not lower than the approved floor price in the tender invitation document, having a compensation and land clearance value (M), and having the highest investment effectiveness (B).₂) not lower than m₂ and with the highest investment efficiency (B).

Chapter 6

REVIEW, APPROVAL, AND PUBLIC ANNOUNCEMENT OF RESULTS

INVESTOR SELECTION; NEGOTIATION, COMPLETION AND SIGNING OF CONTRACTS

AND CONTRACT SIGNING

Article 68. Submission, Review, Approval and Public Announcement of Investor Selection Results

1. The submission, review, approval and public announcement of investor selection results shall be carried out in accordance with the provisions of Clauses 1, 2, 3, 5 and 6 of Article 42 of this Decree.

2. In cases where a winning bidder is selected, the approval document for the investor selection results shall include the following contents:

a) Project name; objectives, functions; location; scale;

b) Name of the winning investor;

c) Project implementation period and progress;

d) Land use conditions for project implementation (location, area, purpose, duration of land use), progress of detailed construction planning approval at a scale of 1/500;

đ) Total project implementation cost (excluding compensation and land clearance costs); land use fee, lease fee; state budget contribution value;

e) Other contents (if any).

Article 69. Negotiation, completion and signing of contracts

1. Based on the results of investor selection and preliminary contract negotiation outcomes, the competent state agency shall organize negotiations and complete contracts with the selected investors.

2. Content of Negotiation and Completion of Contracts

a) The content of negotiation and completion of the contract shall not fundamentally change the preliminary negotiation contents of the contract as stipulated in Clause 4, Article 66 of this Decree and the result of investor selection. The negotiation and completion content of the contract includes the following:

- Details of the contents in preliminary contract negotiations;

- Basis for signing the project contract.

b) In addition to the contents prescribed in Point a of this Clause, the tenderer reports to the competent authority to decide on other negotiation and completion contents of the contract.

3. In case the negotiation and completion of the contract are unsuccessful, the tenderer reports to the competent authority to consider and decide to cancel the result of investor selection and invite the next ranked investor to conduct preliminary negotiations on the contract and implement the steps as prescribed in Articles 66, 67, and 68 of this Decree and Clause 1, Clause 2 of this Article.

4. The signing of the contract shall be carried out according to the provisions of Articles 69, 70, 71, and 72 of the Bidding Law. The winning investor implements the investment project using land in accordance with the contract, investment laws, construction laws, and other relevant laws.

Chapter VI

DIRECT ASSIGNMENT IN INVESTOR SELECTION

Section 1

DIRECT ASSIGNMENT OF INVESTORS TO IMPLEMENT PPP PROJECTS

Article 70. Preparation for Investor Selection

1. Preparation of Request Documents

a) Basis for preparing request documents:

The preparation of request documents must be based on the provisions of Clause 1, Article 26 or Clause 1, Article 46 (for Group C PPP projects) of this Decree.

b) Contents of the request documents include:

- General information about the project; guidance for investors;

- Requirements for the project based on the project proposal (for Group C PPP projects) or the approved feasibility study report;

- Evaluation criteria for the proposal including technical evaluation criteria, financial-commercial evaluation criteria, and methods for evaluating these contents, without specifying evaluation criteria for the investor's capacity and experience but requiring the investor to update information on their capacity and experience;

- Bid forms; contract conditions and draft contract.

- Evaluation criteria and methods for proposals as prescribed in Article 27 or Clause 2 and Clause 3, Article 47 (for Group C projects) of this Decree, but without comparing and ranking investors meeting financial-commercial requirements.

2. Review and Approval of Request Documents:

a) The request documents must be reviewed in accordance with the provisions of Clause 2, Article 82 of this Decree before approval;

b) The approval of the request documents must be in writing, based on the approval application and the review report of the request documents.

Article 71. Organization of Investor Selection

1. The request documents are issued to the identified investors.

2. Investors prepare and submit proposal documents in accordance with the request documents.

Article 72. Evaluation of Proposal Documents and Preliminary Contract Negotiations

1. The evaluation of proposal documents must be conducted according to the evaluation criteria and methods specified in the request documents. During the evaluation process, the tenderer invites investors to clarify or amend and supplement necessary information in the proposal documents.

2. Preliminary contract negotiations are conducted in accordance with the provisions of Clause 4, Article 40 of this Decree, except for Group C projects.

Article 73. Principles for Reviewing Bid Success

An investor shall be proposed for selection when meeting the following conditions:

1. Having a valid proposal file;

2. Meeting the requirements for capacity and experience;

3. Meeting the technical requirements;

4. Having a service price not exceeding the service price determined in the feasibility study report or project proposal (for Category C projects) approved, in accordance with the legal provisions on prices, fees, and charges for the service pricing method; having a reasonable state capital contribution proposal not exceeding the state capital contribution value determined in the feasibility study report or project proposal (for Category C projects) approved for the state capital contribution method; having a reasonable budget submission proposal and the total investment amount, total project capital not lower than the total investment amount, total project capital determined in the feasibility study report or project proposal (for Category C projects) approved for the social benefit, state benefit method.

Article 74. Submission, Examination, Approval, and Publicizing the Results of Direct Assignment

1. The submission, examination, approval, and publicizing of the results of direct assignment shall be carried out in accordance with the provisions of Article 42 of this Decree.

Article 75. Negotiation, Completion, and Signing of Contracts

1. The negotiation and completion of contracts shall be carried out in accordance with the provisions of Article 43 of this Decree.

2. The signing of investment agreements and contracts shall be carried out in accordance with the provisions of Article 44 of this Decree.

3. For Category C projects, the negotiation, completion, and signing of contracts shall be carried out in accordance with the provisions of Article 55 of this Decree.

Section 2

DIRECT ASSIGNMENT OF INVESTORS TO IMPLEMENT INVESTMENT PROJECTS

INVOLVING LAND USE

Article 76. Preparation for Selecting Investors

1. Preparing Request Files:

a) Basis for preparing request documents:

- List of projects published in accordance with regulations;

- Preliminary selection results (if any);

- Approved investor selection plan;

- Current legal provisions on land, housing, real estate business, investment, construction, and related legal provisions.

b) The contents of the request files shall comply with the provisions of Clause 2, Article 57 of this Decree but do not need to specify evaluation criteria for the capacity and experience of investors and require investors to update information on their capacity and experience. Evaluation standards and methods for proposal files shall comply with the provisions of Clauses 2 and 3, Article 58 of this Decree but do not need to compare and rank investors meeting financial-commercial requirements.

2. Review and Approval of Request Documents:

a) The request documents must be reviewed in accordance with the provisions of Clause 2, Article 82 of this Decree before approval;

b) The approval of request files must be in writing based on the approval proposal and the request file examination report.

Article 77. Organizing Selection of Investors

1. The request documents are issued to the identified investors.

2. Investors prepare and submit proposal documents in accordance with the request documents.

Article 78. Evaluating Proposal Files and Initial Contract Negotiations

1. The evaluation of proposal files must be conducted according to the evaluation criteria stipulated in the request file. During the evaluation process, the tenderer may invite investors to clarify or modify and supplement necessary information in the proposal files.

2. Initial contract negotiations shall be carried out in accordance with the provisions of Article 66 of this Decree.

Article 79. Principles for Reviewing Bid Success

The investor proposed for selection must meet all of the following conditions:

1. Having a valid proposal file;

2. Meeting the requirements for capacity and experience;

3. Meeting the technical requirements;

4. Having an investor's proposed price (A) not lower than the floor price approved in the request file, having compensation and land clearance values (M₂) not lower than m₂ and having a reasonable investment effectiveness (B).

Article 80. Submission, Examination, Approval, and Publicizing the Results of Direct Assignment

The submission, examination, approval, and publicizing of the results of direct assignment shall be carried out in accordance with the provisions of Article 68 of this Decree.

Article 81. Negotiation, completion, and signing of contracts

1. The negotiation and completion of contracts shall be carried out in accordance with the provisions of Clause 1 and Clause 2 of Article 69 of this Decree.

2. The signing of contracts shall be implemented in accordance with the provisions of Articles 69, 70, 71, and 72 of the Bidding Law. The winning investor shall implement the investment project using land in accordance with the contract, investment laws, construction laws, and other relevant laws.

Chapter VII

CONTENT OF REVIEW AND RESPONSIBILITY GRADING

REVIEW AND APPROVAL IN THE SELECTION OF INVESTORS

Article 82. Review of tender invitation documents for prequalification, tender invitation documents, and request documents

1. Review of tender invitation documents for prequalification

a) Documents submitted for review and approval include:

- The proposal requesting approval of the tender invitation document for prequalification from the tenderer;

- Draft tender invitation document for prequalification;

- Copies of legal documents serving as the basis for prequalification;

- Other related documents.

b) The content of the review includes:

- Checking the documents serving as the basis for preparing the tender invitation document for prequalification;

- Verifying the suitability of the tender invitation document for prequalification with the scale, objectives, scope of work, and implementation time of the project; its compliance with bidding laws and other relevant laws;

- Considering different opinions (if any) between organizations and individuals involved in preparing the tender invitation document for prequalification;

- Other related contents.

c) The review report includes:

- An overview of the project content and the legal basis for preparing the tender invitation document for prequalification;

- Observations and opinions of the reviewing entity on the legal basis, compliance with bidding laws and other relevant laws; consensus or non-consensus opinions on the draft tender invitation document for prequalification;

- Recommendations and suggestions of the reviewing entity regarding the approval of the tender invitation document for prequalification; measures to address cases where the tender invitation document for prequalification does not comply with bidding laws and other relevant laws; solutions for cases lacking sufficient grounds for approving the tender invitation document for prequalification;

- Other opinions (if any).

d) Before signing the review report, the reviewing entity should organize a meeting among the parties to resolve any remaining issues if deemed necessary.

2. Review of tender invitation documents and request documents

a) Documents submitted for review and approval include:

- The proposal requesting approval of the tender invitation document and request document from the tenderer;

- Draft tender invitation document and request document;

- Copies of documents: Decision approving the investment selection plan; document approving the prequalification results (if any);

- Other related documents.

b) The content of the review includes:

- Checking the documents serving as the basis for preparing the tender invitation document and request document;

- Verifying the suitability of the tender invitation document and request document with the scale, objectives, scope of work, and implementation time of the project; their compliance with bidding laws and other relevant laws;

- Considering different opinions (if any) between organizations and individuals involved in preparing the tender invitation document and request document;

- Other related contents.

c) The review report includes:

- An overview of the project content and the legal basis for preparing the tender invitation document and request document;

- Observations and opinions of the reviewing entity on the legal basis, compliance with bidding laws and other relevant laws; consensus or non-consensus opinions on the draft tender invitation document and request document;

- Recommendations and suggestions of the reviewing entity regarding the approval of the tender invitation document and request document; measures to address cases where the tender invitation document and request document do not comply with bidding laws and other relevant laws; solutions for cases lacking sufficient grounds for approving the tender invitation document and request document;

- Other opinions (if any).

d) Before signing the review report, the reviewing entity should organize a meeting among the parties to resolve any remaining issues if deemed necessary.

Article 83. Reviewing Preliminary Screening Results, List of Investors Meeting Technical Requirements, and Investor Selection Results

1. General principles:

a) The preliminary screening results, list of investors meeting technical requirements, and investor selection results must be reviewed before approval;

b) For projects applying a one-stage one-envelope method, only the investor selection results shall be reviewed;

c) For projects applying a one-stage two-envelope method, the list of investors meeting technical requirements must be reviewed before approving the list of investors meeting technical requirements;

d) The ranking list of investors shall not be reviewed before approval; the ranking list of investors shall be approved based on the tenderer's proposal;

e) Before signing the review report, the reviewing unit may organize meetings among the parties to resolve remaining issues if deemed necessary;

2. Reviewing Preliminary Screening Results:

a) The review dossier includes:

- Report on the evaluation results of the preliminary screening application files;

- Tenderer's submission regarding the evaluation results of the preliminary screening application files, including the tenderer's opinions on the experts' comments, proposals, and recommendations;

- Copies of relevant documents: Invitation for preliminary screening, bid closing and opening records, preliminary screening application files of investors, and other necessary related documents;

b) The content of the review includes:

- Checking the documents serving as the basis for preliminary screening;

- Checking compliance with time regulations during the preliminary screening process;

- Checking compliance with the invitation for preliminary screening and bidding laws during the preliminary screening process;

c) The review report includes:

- Overview of the project and legal basis for selecting investors;

- Summary of the organization and implementation process and the supervising agency's proposal on the preliminary screening results;

- Comments on compliance with bidding laws and other relevant laws during the preliminary screening process;

- Consensus or disagreement opinions on the preliminary screening results; recommendations for handling cases where non-compliance with bidding laws is discovered during the preliminary screening process or solutions for cases without sufficient grounds to conclude the preliminary screening results;

- The reviewing unit's opinion on ensuring competition, fairness, transparency, and efficiency during the preliminary screening process;

- Recommendations and suggestions from the reviewing unit;

- Other opinions;

3. Reviewing the List of Investors Meeting Technical Requirements:

a) The review dossier includes:

- Tenderer's submission regarding the evaluation results of the technical proposal;

- Report on the evaluation results of the technical proposal;

- Copies of relevant documents: Tender invitation, bid closing and opening records, technical proposal files of investors, and other necessary related documents;

b) The content of the review includes:

- Checking the evaluation of technical proposal files; compliance with bidding laws and other relevant laws during the technical proposal evaluation process;

- Other related contents.

c) The review report includes:

- Summary of the investor selection process from shortlisting (if applicable) to presenting the list of investors meeting technical requirements;

- Comments on compliance with bidding laws and other relevant laws during the investor selection process;

- The reviewing unit's opinion on ensuring competition, fairness, transparency, and economic efficiency during the investor selection process;

- Recommendations and suggestions to the tenderer and the expert team;

- Consensus or disagreement opinions on the technical proposal evaluation results; recommendations for handling cases where non-compliance with bidding laws is discovered during the investor selection process or solutions for cases without sufficient grounds to conclude the technical proposal evaluation results;

- Other opinions;

4. Reviewing Investor Selection Results:

a) The review dossier includes:

- Tenderer's submission regarding the investor selection results;

- Report on the evaluation results of tender and proposal files;

- Preliminary contract negotiation minutes;

- Copies of relevant documents: Tender invitation, request for proposal, bid closing and opening records, tender and proposal files of investors, and other necessary related documents;

b) The content of the review includes:

- Checking the consistency and compliance with tender invitation and request for proposal documents; compliance with bidding laws and other relevant laws;

- Checking compliance with time regulations during the contract negotiation and completion process;

- Checking compliance with laws on reporting investor selection results;

c) The review report includes the following contents:

- Overview of the project and legal basis for selecting investors;

- Summary of the entire investor selection process from shortlisting (if applicable) to presenting the investor selection results;

- Comments on compliance with bidding laws and other relevant laws during the investor selection process;

- The reviewing unit's opinion on ensuring competition, fairness, transparency, and economic efficiency during the investor selection process;

- Recommendations and suggestions to the tenderer and the expert team;

- Consensus or disagreement opinions on the investor selection results; recommendations for handling cases where non-compliance with bidding laws is discovered during the investor selection process or solutions for cases without sufficient grounds to conclude the investor selection results;

- Other opinions;

Article 84. Responsibilities of the Minister; Head of a ministry-equivalent agency, agency under the Government, other central agencies; Chairman of the People's Committee at the provincial level

1. For PPP projects where the Prime Minister approves the investor selection plan and the results of the investor selection that they are not the tendering entity:

a) Provide comments in writing on the investor selection plan and the results of the investor selection as required;

b) Carry out other tasks related to investor selection according to the authorization of the Prime Minister.

2. For PPP projects where the Prime Minister approves the investor selection plan and the results of the investor selection that they are the tendering entity:

a) Approve the prequalification documents, prequalification results, tender invitation documents, request for proposal documents, list of investors meeting technical requirements;

b) Sign and manage the implementation of contracts with selected investors;

c) Carry out other tasks within the responsibility of the tendering entity as stipulated in Article 75 of the Bidding Law.

3. For PPP projects and investment projects using land where they have the authority:

a) Approve the investor selection plan and the results of the investor selection;

b) Approve the prequalification documents, prequalification results, tender invitation documents, request for proposal documents, list of investors meeting technical requirements, or authorize the head of the tendering entity to approve;

c) Carry out other tasks within the responsibility of the authority holder as stipulated in Article 73 of the Bidding Law;

d) For investment projects using land, the Chairman of the People's Committee at the provincial level assigns the specialized department at the provincial level, equivalent specialized agency, or the People's Committee at the district level to be the tendering entity.

Article 85. Responsibilities of the Chairman of the People's Committee at the district level

1. For PPP projects and investment projects using land where they are the tendering entity:

a) Carry out tasks within the responsibility of the tendering entity as stipulated in Article 75 of the Bidding Law;

b) Carry out other tasks related to investor selection according to the authorization of the superior authority.

2. For PPP projects where they have the authority:

a) Approve the investor selection plan;

b) Approve the prequalification documents, prequalification results, tender invitation documents, request for proposal documents, list of investors meeting technical requirements, and the results of the investor selection;

c) Carry out other tasks within the responsibility of the authority holder as stipulated in Article 73 of the Bidding Law.

Article 86. Responsibilities of the appraisal unit

1. The Ministry of Planning and Investment is responsible for organizing the appraisal of the following contents:

a) Investor selection plans and results of the investor selection within the approval authority of the Prime Minister;

b) Selection methods for investors in special cases examined and decided by the Prime Minister according to Article 26 of the Bidding Law and other cases requested by the Prime Minister;

c) Projects proposed by investors applying the direct award method within the examination and decision-making authority of the Prime Minister according to Point c Clause 3 Article 9 of this Decree.

2. The Department of Planning and Investment is responsible for organizing the appraisal of the following contents:

a) Investor selection plans for projects where the Chairman of the People's Committee at the provincial level is the authority holder;

b) Prequalification documents, prequalification results, tender invitation documents, request for proposal documents, list of investors meeting technical requirements, and the results of the investor selection for projects where the Chairman of the People's Committee at the provincial level is the authority holder.

3. Agencies and organizations assigned tasks by the Minister; Head of a ministry-equivalent agency, agency under the Government, other central agencies are responsible for appraising the following contents:

a) Investor selection plans for projects where the Minister; Head of a ministry-equivalent agency, agency under the Government, other central agencies are the authority holders;

b) Prequalification documents, prequalification results, tender invitation documents, request for proposal documents, list of investors meeting technical requirements, and the results of the investor selection for projects where the Minister; Head of a ministry-equivalent agency, agency under the Government, other central agencies are the authority holders.

4. The planning and finance department at the district level is responsible for appraising the investor selection plans, prequalification documents, tender invitation documents, request for proposal documents, prequalification results, list of investors meeting technical requirements, and the results of the investor selection for projects where the Chairman of the People's Committee at the district level is the authority holder or has been authorized.

Chapter VIII

HANDLING SITUATIONS AND RESOLVING PETITIONS

IN INVESTOR SELECTION

Article 87. Handling Situations in the Selection of Investors

1. In cases where it is necessary to adjust or modify the contents of the investor selection plan, procedures for adjusting the investor selection plan must be carried out according to the provisions of the law before the technical proposal submission dossier opening date (for open tendering) or the proposal submission dossier (for direct award).

2. For PPP projects and investment projects using land, in urgent situations affecting the effectiveness of investment, the person authorized to decide on the selection of investors through open tendering without prequalification must ensure principles of competition, fairness, transparency, and economic efficiency. In such cases, the tender invitation documents must include requirements regarding the investor's capacity and experience.

3. If at the time of tender closing, no investor submits a prequalification proposal submission dossier or tender proposal submission dossier, the tender inviter must report to the authorized person for consideration and resolution in one of the following two ways:

a) Extending the tender closing deadline by up to thirty days;

b) Deciding to cancel the tender while requiring the tender inviter to adjust the prequalification proposal invitation documents, tender proposal invitation documents, and reorganize the investor selection process or consider changing the investment form due to the project not attracting investors.

4. If at the time of signing the contract, the winning bidder does not meet the technical and financial capacity conditions stipulated in Clause 2, Article 70 of the Bidding Law, then the next ranked investor shall be invited for preliminary contract negotiations; contract negotiations and completion (for PPP group C projects). In this case, the investor invited for preliminary contract negotiations; contract negotiations and completion must restore the validity of the tender proposal submission dossier and ensure the tender in cases where the tender proposal submission dossier has expired and ensure the tender of the investor whose proposal submission dossier has been refunded or released.

5. After evaluating the financial-commercial proposal dossiers, if all investors are rated equally well, the investor with the highest technical score will be ranked first.

6. If all investors meeting the technical requirements and listed in the ranking all propose service prices, state capital contributions higher than those determined in the feasibility study report or project proposal (for PPP group C projects) approved, the authorized person will consider and handle in one of the following two ways:

a) Permitting these investors to resubmit their financial-commercial proposals;

b) Permitting these investors to resubmit their financial-commercial proposals simultaneously with the authorized person reviewing the service prices, state capital contributions determined in the feasibility study report or project proposal (for PPP group C projects) approved, if necessary.

7. For the selection of investors in projects using land, if all investors propose equal investment effectiveness (B), preference will be given to selecting the investor proposing a higher national budget contribution (M₃). If investors propose equal compensation, land clearance values (M₂) and equal national budget contributions (M₃), the investor proposing the highest price not lower than the floor price will be recommended for selection.

8. In addition to the above cases, when situations arise in the selection of investors, the tender inviter must report to the authorized person for consideration and decision based on ensuring the objectives of bidding are competition, fairness, transparency, and economic efficiency.

Article 88. Conditions for considering and resolving complaints

1. The complaint must be from a bidder participating in the tender.

2. The complaint form must bear the signature of the person who signed the bid proposal or a legal representative of the bidder, and be stamped (if applicable).

3. The person responsible for resolving the complaint receives the complaint form in accordance with Articles 3, 4, and 5, Clause 92 of the Bidding Law.

4. The content of the complaint has not been initiated by the bidder in court.

5. The costs for resolving the complaint as stipulated in Clause 6, Article 7 of this Decree shall be paid by the investor to the standing office assisting the Advisory Council in cases where the complaint concerns the selection results of investors, which are resolved by authorized persons.

Article 89. Advisory Council

1. Chairman of the Advisory Council

a) The Chairman of the Central Advisory Council is the authorized representative of the Ministry of Planning and Investment. The Central Advisory Council is responsible for advising on the resolution of complaints regarding national key projects decided by the National Assembly on investment orientation, Group A investment projects, or equivalent;

b) The Chairman of the Ministry-level Advisory Council, agency at the level of a ministry, government agency, or other central agency (hereinafter referred to as the Ministry-level Advisory Council), is the head of the unit entrusted with managing bidding activities within these agencies. The Chairman of the local Advisory Council is the Director of the Department of Planning and Investment. The Ministry-level and local Advisory Councils are responsible for advising on the resolution of complaints concerning projects decided on investment orientation by ministries, agencies at the level of a ministry, government agencies, or other central agencies, localities, except for projects specified in Point a of this Clause.

2. Members of the Advisory Council

a) Members of the Central Advisory Council include individuals from units entrusted with managing bidding activities under the Ministry of Planning and Investment, representatives of competent state agencies, representatives of associations and related professions. Members of the Ministry-level Advisory Council include individuals from units entrusted with managing bidding activities under these agencies, representatives of competent state agencies, representatives of associations and related professions. Members of the local Advisory Council include individuals from the Department of Planning and Investment, representatives of competent state agencies, representatives of associations and related professions.

b) Based on the nature of each project and when necessary, the Chairman of the Advisory Council may invite additional individuals to participate as members of the Advisory Council.

c) Members of the Advisory Council shall not be relatives (biological parents, parents-in-law, spouse, biological children, adopted children, daughters-in-law, sons-in-law, full siblings) of the person who signed the complaint form, of individuals directly involved in evaluating bid proposals and submission documents, of individuals directly assessing the list of investors meeting technical requirements, selection results, and of the person who approved the selection results.

3. Hoạt động của Hội đồng tư vấn

a) Chủ tịch Hội đồng tư vấn ra quyết định thành lập Hội đồng trong thời hạn tối đa là 05 ngày làm việc, kể từ ngày nhận được đơn kiến nghị của nhà đầu tư. Hội đồng tư vấn hoạt động theo từng vụ việc;

b) Hội đồng tư vấn làm việc theo nguyên tắc tập thể, biểu quyết theo đa số, có Báo cáo kết quả làm việc gửi người có thẩm quyền xem xét, quyết định; từng thành viên được quyền bảo lưu ý kiến và chịu trách nhiệm trước pháp luật về ý kiến của mình.

4. Bộ phận thường trực giúp việc của Hội đồng tư vấn

a) Bộ phận thường trực giúp việc Hội đồng tư vấn cấp Trung ương là đơn vị được giao nhiệm vụ quản lý về hoạt động đấu thầu của Bộ Kế hoạch và Đầu tư. Bộ phận thường trực giúp việc Hội đồng tư vấn cấp Bộ là đơn vị được giao nhiệm vụ quản lý về hoạt động đấu thầu thuộc cơ quan này. Bộ phận thường trực giúp việc Hội đồng tư vấn cấp địa phương là đơn vị được giao nhiệm vụ quản lý về hoạt động đấu thầu của Sở Kế hoạch và Đầu tư. Bộ phận thường trực giúp việc không gồm các cá nhân tham gia trực tiếp thẩm định kết quả lựa chọn nhà đầu tư của dự án đó.

b) Bộ phận thường trực giúp việc thực hiện các nhiệm vụ về hành chính do Chủ tịch Hội đồng tư vấn quy định; tiếp nhận và quản lý chi phí do nhà đầu tư có kiến nghị nộp theo quy định tại Khoản 6 Điều 7 Nghị định này.

Điều 90. Giải quyết kiến nghị đối với lựa chọn nhà đầu tư

1. Thời gian giải quyết kiến nghị quy định tại Khoản 3 và Khoản 4 Điều 92 của Luật Đấu thầu được tính từ ngày bộ phận hành chính của người có trách nhiệm giải quyết kiến nghị nhận được đơn kiến nghị.

2. Người có trách nhiệm giải quyết kiến nghị thông báo bằng văn bản cho nhà đầu tư về việc không xem xét, giải quyết kiến nghị trong trường hợp kiến nghị của nhà đầu tư không đáp ứng điều kiện nêu tại Điều 88 Nghị định này.

3. Nhà đầu tư được quyền rút đơn kiến nghị trong quá trình giải quyết kiến nghị nhưng phải bằng văn bản.

4. Trong văn bản trả lời về kết quả giải quyết kiến nghị cho nhà đầu tư phải có kết luận về nội dung kiến nghị. Trường hợp kiến nghị của nhà đầu tư được kết luận là đúng phải nêu rõ biện pháp, cách thức và thời gian để khắc phục hậu quả (nếu có), đồng thời bộ phận thường trực giúp việc có trách nhiệm yêu cầu các tổ chức, cá nhân có trách nhiệm liên đới chi trả cho nhà đầu tư có kiến nghị số tiền bằng số tiền mà nhà đầu tư có kiến nghị đã nộp cho Hội đồng tư vấn. Trường hợp kiến nghị của nhà đầu tư được kết luận là không đúng thì trong văn bản trả lời phải giải thích rõ lý do.

Chương IX

XỬ LÝ VI PHẠM PHÁP LUẬT, KIỂM TRA, GIÁM SÁT, THEO DÕI

HOẠT ĐỘNG ĐẤU THẦU TRONG LỰA CHỌN NHÀ ĐẦU TƯ

Mục 1

XỬ LÝ VI PHẠM

Điều 91. Các hình thức xử lý vi phạm

1. Cảnh cáo, phạt tiền được áp dụng đối với tổ chức, cá nhân vi phạm pháp luật về đấu thầu theo quy định của pháp luật về xử phạt vi phạm hành chính trong lĩnh vực kế hoạch và đầu tư.

2. Cấm tham gia hoạt động đấu thầu được áp dụng đối với tổ chức, cá nhân vi phạm quy định tại Điều 89 của Luật Đấu thầu.

3. Truy cứu trách nhiệm hình sự đối với cá nhân vi phạm pháp luật về đấu thầu mà cấu thành tội phạm theo quy định của pháp luật về hình sự.

4. Đối với cán bộ, công chức có hành vi vi phạm pháp luật về đấu thầu còn bị xử lý theo quy định của pháp luật về cán bộ, công chức.

Điều 92. Hình thức cấm tham gia quá trình lựa chọn nhà đầu tư

Tùy theo mức độ vi phạm mà áp dụng hình thức cấm tham gia hoạt động đấu thầu đối với tổ chức, cá nhân, cụ thể như sau:

1. Cấm tham gia hoạt động đấu thầu từ 03 năm đến 05 năm đối với một trong các hành vi vi phạm quy định tại các Khoản 1, 2, 3, 4 và 5 Điều 89 của Luật Đấu thầu.

2. Cấm tham gia hoạt động đấu thầu từ 01 năm đến 03 năm đối với một trong các hành vi vi phạm tại các Điểm a, b, c, d và h Khoản 6 Điều 89 của Luật Đấu thầu.

3. Cấm tham gia hoạt động đấu thầu từ 06 tháng đến 01 năm đối với một trong các hành vi vi phạm tại Khoản 7 Điều 89 của Luật Đấu thầu.

Điều 93. Hủy, đình chỉ, không công nhận kết quả lựa chọn nhà đầu tư

1. Hủy thầu là biện pháp của người có thẩm quyền để xử lý các hành vi vi phạm pháp luật về đấu thầu và các quy định khác của pháp luật liên quan của tổ chức, cá nhân tham gia hoạt động đấu thầu.

Người có thẩm quyền có trách nhiệm quyết định hủy thầu đối với các trường hợp theo quy định tại Điều 17 của Luật Đấu thầu.

2. Đình chỉ, không công nhận kết quả lựa chọn nhà đầu tư, tuyên bố vô hiệu đối với các quyết định trong quá trình lựa chọn nhà đầu tư, cụ thể như sau:

a) Đình chỉ cuộc thầu, không công nhận kết quả lựa chọn nhà đầu tư được áp dụng khi có bằng chứng cho thấy tổ chức, cá nhân tham gia đấu thầu có hành vi vi phạm pháp luật về đấu thầu hoặc các quy định khác của pháp luật có liên quan dẫn đến không đảm bảo mục tiêu của công tác đấu thầu, làm sai lệch kết quả lựa chọn nhà đầu tư;

b) Biện pháp đình chỉ được áp dụng để khắc phục ngay khi vi phạm đã xảy ra và được thực hiện đến trước khi phê duyệt kết quả lựa chọn nhà đầu tư. Biện pháp không công nhận kết quả lựa chọn nhà đầu tư được thực hiện từ ngày phê duyệt kết quả lựa chọn nhà đầu tư đến trước khi ký kết hợp đồng;

c) Trong văn bản đình chỉ, không công nhận kết quả lựa chọn nhà đầu tư phải nêu rõ lý do, nội dung, biện pháp và thời gian để khắc phục vi phạm về đấu thầu;

d) Biện pháp tuyên bố vô hiệu đối với các quyết định của bên mời thầu do người có thẩm quyền quyết định khi phát hiện các quyết định của bên mời thầu không phù hợp quy định của pháp luật về đấu thầu và pháp luật có liên quan.

Điều 94. Bồi thường thiệt hại do vi phạm pháp luật về đấu thầu

Tổ chức, cá nhân có hành vi vi phạm pháp luật về đấu thầu gây thiệt hại thì phải chịu trách nhiệm bồi thường thiệt hại theo quy định của pháp luật về bồi thường thiệt hại và các quy định khác của pháp luật liên quan.

Mục 2

KIỂM TRA, GIÁM SÁT, THEO DÕI

Điều 95. Kiểm tra hoạt động đấu thầu trong lựa chọn nhà đầu tư

1. Kiểm tra hoạt động đấu thầu trong lựa chọn nhà đầu tư được thực hiện theo kế hoạch định kỳ hoặc đột xuất khi có vướng mắc, kiến nghị, đề nghị hoặc yêu cầu của Thủ tướng Chính phủ, Chủ tịch Ủy ban nhân dân cấp tỉnh, người có thẩm quyền của cơ quan kiểm tra về công tác đấu thầu theo quy định tại Khoản 2 Điều này. Phương thức kiểm tra bao gồm kiểm tra trực tiếp, yêu cầu báo cáo.

2. Bộ trưởng; Thủ trưởng cơ quan ngang Bộ, cơ quan thuộc Chính phủ, cơ quan khác ở Trung ương; Chủ tịch Ủy ban nhân dân cấp tỉnh; Giám đốc Sở Kế hoạch và Đầu tư, Thủ trưởng các sở, ban, ngành thuộc Ủy ban nhân dân cấp tỉnh; Chủ tịch Ủy ban nhân dân cấp huyện chỉ đạo việc kiểm tra hoạt động đấu thầu đối với các đơn vị thuộc phạm vi quản lý của mình và các dự án do mình quyết định đầu tư nhằm mục đích quản lý, điều hành và chấn chỉnh hoạt động đấu thầu bảo đảm đạt được mục tiêu đẩy nhanh tiến độ, tăng cường hiệu quả của công tác đấu thầu và kịp thời phát hiện, ngăn chặn, xử lý các hành vi vi phạm pháp luật về đấu thầu.

3. Bộ Kế hoạch và Đầu tư chủ trì, tổ chức kiểm tra hoạt động đấu thầu trên phạm vi cả nước. Các Bộ, cơ quan ngang Bộ, cơ quan thuộc Chính phủ, cơ quan khác ở Trung ương; Ủy ban nhân dân cấp tỉnh; Sở Kế hoạch và Đầu tư, các sở, ban, ngành thuộc Ủy ban nhân dân cấp tỉnh, Ủy ban nhân dân cấp huyện chủ trì, tổ chức kiểm tra hoạt động đấu thầu khi có yêu cầu của người có thẩm quyền của cơ quan kiểm tra về công tác đấu thầu. Sở Kế hoạch và Đầu tư chịu trách nhiệm giúp Ủy ban nhân dân tỉnh, thành phố trực thuộc Trung ương chủ trì, tổ chức kiểm tra hoạt động đấu thầu tại địa phương mình.

4. Nội dung kiểm tra đấu thầu

a) Nội dung kiểm tra định kỳ bao gồm:

- Kiểm tra việc ban hành các văn bản hướng dẫn, chỉ đạo thực hiện công tác lựa chọn nhà đầu tư, phân cấp trong lựa chọn nhà đầu tư;

- Kiểm tra công tác đào tạo về đấu thầu;

- Kiểm tra việc cấp chứng chỉ đào tạo về đấu thầu, chứng chỉ hành nghề hoạt động đấu thầu;

- Kiểm tra việc xây dựng và phê duyệt kế hoạch lựa chọn nhà đầu tư, hồ sơ mời sơ tuyển, hồ sơ mời thầu, hồ sơ yêu cầu, kết quả sơ tuyển, kết quả lựa chọn nhà đầu tư;

- Kiểm tra nội dung hợp đồng ký kết và việc tuân thủ các căn cứ pháp lý trong việc ký kết và thực hiện hợp đồng;

- Kiểm tra trình tự và tiến độ thực hiện dự án theo kế hoạch lựa chọn nhà đầu tư đã duyệt;

- Kiểm tra tình hình thực hiện báo cáo về công tác đấu thầu;

- Kiểm tra việc triển khai thực hiện hoạt động kiểm tra, giám sát về công tác đấu thầu.

b) Nội dung kiểm tra đột xuất: Căn cứ theo yêu cầu kiểm tra đột xuất, quyết định kiểm tra, Trưởng đoàn kiểm tra quy định các nội dung kiểm tra cho phù hợp.

5. Sau khi kết thúc kiểm tra, phải có báo cáo, kết luận kiểm tra. Cơ quan kiểm tra có trách nhiệm theo dõi việc khắc phục các tồn tại (nếu có) đã nêu trong kết luận kiểm tra. Trường hợp phát hiện có sai phạm thì cần đề xuất biện pháp xử lý hoặc chuyển cơ quan thanh tra, điều tra để xử lý theo quy định.

6. Nội dung kết luận kiểm tra bao gồm:

a) Tình hình thực hiện công tác đấu thầu tại đơn vị được kiểm tra;

b) Nội dung kiểm tra;

c) Nhận xét;

d) Kết luận;

đ) Kiến nghị.

Điều 96. Giám sát, theo dõi hoạt động đấu thầu trong lựa chọn nhà đầu tư

1. Giám sát, theo dõi hoạt động đấu thầu được áp dụng trong trường hợp Bộ trưởng, Thủ trưởng cơ quan ngang Bộ, cơ quan thuộc Chính phủ, cơ quan khác ở Trung ương ủy quyền cho người đứng đầu tổ chức thuộc Bộ, cơ quan ngang Bộ, cơ quan thuộc Chính phủ, cơ quan khác ở Trung ương; Chủ tịch Ủy ban nhân dân cấp tỉnh ủy quyền cho người đứng đầu cơ quan chuyên môn thuộc Ủy ban nhân dân cấp tỉnh hoặc Chủ tịch Ủy ban nhân dân cấp huyện để thực hiện trách nhiệm của người có thẩm quyền trong lựa chọn nhà đầu tư nhằm phát hiện và xử lý đối với hành vi, nội dung không phù hợp quy định của pháp luật về đấu thầu và pháp luật khác có liên quan.

2. Người có thẩm quyền cử cá nhân hoặc đơn vị có chức năng quản lý về hoạt động đấu thầu tham gia giám sát, theo dõi việc thực hiện quá trình lựa chọn nhà đầu tư đối với nội dung quy định tại Khoản 3 Điều này để đảm bảo tuân thủ theo đúng quy định của pháp luật về đấu thầu.

3. Các nội dung trong hoạt động lựa chọn nhà đầu tư phải giám sát, theo dõi bao gồm:

a) Lập, thẩm định và phê duyệt hồ sơ mời sơ tuyển, hồ sơ mời thầu, hồ sơ yêu cầu;

b) Đánh giá hồ sơ dự sơ tuyển, hồ sơ dự thầu, hồ sơ đề xuất;

c) Thẩm định và phê duyệt kết quả sơ tuyển, kết quả lựa chọn nhà đầu tư;

d) Kết quả đàm phán, hoàn thiện và ký kết hợp đồng.

4. Phương thức giám sát, theo dõi hoạt động đấu thầu:

a) Bên mời thầu có trách nhiệm công khai tên, địa chỉ liên hệ của cá nhân hoặc đơn vị giám sát, theo dõi cho các nhà đầu tư đã mua hồ sơ mời sơ tuyển, hồ sơ mời thầu, hồ sơ yêu cầu;

b) Bên mời thầu có trách nhiệm cung cấp thông tin liên quan đến quá trình lựa chọn nhà đầu tư cho cá nhân hoặc đơn vị giám sát, theo dõi khi nhận được yêu cầu bằng văn bản;

c) Khi phát hiện hành vi, nội dung không phù hợp quy định của pháp luật về đấu thầu, cá nhân hoặc đơn vị thực hiện việc giám sát, theo dõi hoạt động đấu thầu phải có trách nhiệm báo cáo kịp thời bằng văn bản đến người có thẩm quyền để có những biện pháp xử lý thích hợp, bảo đảm hiệu quả của quá trình tổ chức lựa chọn nhà đầu tư.

5. Trách nhiệm của cá nhân hoặc đơn vị giám sát, theo dõi hoạt động đấu thầu:

a) Trung thực, khách quan; không gây phiền hà cho người được ủy quyền, bên mời thầu trong quá trình giám sát, theo dõi;

b) Yêu cầu người được ủy quyền, bên mời thầu cung cấp hồ sơ, tài liệu liên quan phục vụ quá trình giám sát, theo dõi;

c) Tiếp nhận thông tin phản ánh của nhà đầu tư và các tổ chức, cá nhân liên quan đến quá trình lựa chọn nhà đầu tư của dự án đang thực hiện giám sát, theo dõi;

d) Bảo mật thông tin theo quy định;

đ) Thực hiện các trách nhiệm khác theo quy định của pháp luật về đấu thầu và pháp luật khác có liên quan.

Chương X

ĐIỀU KHOẢN THI HÀNH

Điều 97. Quy định chuyển tiếp

1. Dự án đã có quyết định phê duyệt kết quả lựa chọn nhà đầu tư trước ngày Nghị định này có hiệu lực thì không phải tổ chức lựa chọn lại nhà đầu tư theo Nghị định này.

2. Đối với hồ sơ mời sơ tuyển, hồ sơ mời thầu, hồ sơ yêu cầu được phát hành trước ngày 01 tháng 7 năm 2014 thì hoạt động đấu thầu lựa chọn nhà đầu tư thực hiện dự án căn cứ theo quy định của Nghị định số 108/2009/NĐ-CP ngày 27 tháng 11 năm 2009, Nghị định số 24/2011/NĐ-CP ngày 05 tháng 4 năm 2011, Quyết định số 71/2010/QĐ-TTg ngày 09 tháng 11 năm 2010 và các Thông tư hướng dẫn thực hiện liên quan.

3. Đối với hồ sơ mời sơ tuyển, hồ sơ mời thầu, hồ sơ yêu cầu được phát hành từ ngày 01 tháng 7 năm 2014 đến trước ngày Nghị định này có hiệu lực thi hành thì thực hiện theo quy định của Luật Đầu tư, Nghị định số 108/2009/NĐ-CP ngày 27 tháng 11 năm 2009, Nghị định số 24/2011/NĐ-CP ngày 05 tháng 4 năm 2011, Quyết định số 71/2010/QĐ-TTg ngày 09 tháng 11 năm 2010 và các Thông tư hướng dẫn thực hiện liên quan nhưng bảo đảm không trái với quy định của Luật Đấu thầu số 43/2013/QH13 ngày 26 tháng 11 năm 2013.

Điều 98. Hiệu lực thi hành

Nghị định này có hiệu lực thi hành từ ngày 05 tháng 5 năm 2015.

Điều 99. Hướng dẫn thi hành

1. Bộ Kế hoạch và Đầu tư chịu trách nhiệm:

a) Chủ trì xây dựng và ban hành mẫu tài liệu đấu thầu bao gồm mẫu hồ sơ mời sơ tuyển; hồ sơ mời thầu, hồ sơ yêu cầu lựa chọn nhà đầu tư thực hiện dự án PPP; hồ sơ mời thầu, hồ sơ yêu cầu lựa chọn nhà đầu tư thực hiện dự án đầu tư có sử dụng đất và các mẫu khác;

b) Quy định lộ trình áp dụng và hướng dẫn thực hiện chi tiết các nội dung sau đây:

- Đăng ký thông tin nhà đầu tư trên hệ thống mạng đấu thầu quốc gia theo quy định tại Điểm d Khoản 1 Điều 5 của Luật Đấu thầu;

- Cấp chứng chỉ hành nghề hoạt động đấu thầu cho các cá nhân thuộc diện phải có chứng chỉ hành nghề theo quy định tại Khoản 2 Điều 16 và Điểm c Khoản 1 Điều 19 của Luật Đấu thầu;

c) Chủ trì, phối hợp với các cơ quan liên quan xây dựng hệ thống mạng đấu thầu quốc gia và lộ trình áp dụng; xây dựng cơ chế quản lý, vận hành và hướng dẫn thực hiện lựa chọn nhà đầu tư qua mạng;

d) Hướng dẫn thực hiện các nội dung cần thiết khác của Nghị định này để đáp ứng yêu cầu quản lý nhà nước về hoạt động đấu thầu trong lựa chọn nhà đầu tư.

2. Bộ Tài chính hướng dẫn về các loại chi phí liên quan đến quá trình lựa chọn nhà đầu tư.

3. Các Bộ, cơ quan ngang Bộ, cơ quan thuộc Chính phủ, cơ quan khác ở Trung ương, Ủy ban nhân dân cấp tỉnh chịu trách nhiệm:

a) Chủ trì, phối hợp với Bộ Kế hoạch và Đầu tư ban hành mẫu tài liệu đấu thầu lựa chọn nhà đầu tư đối với dự án PPP nhóm C của ngành;

b) Trong phạm vi quản lý của mình hướng dẫn chi tiết một số nội dung của Nghị định này (nếu cần thiết) nhưng bảo đảm không trái với các quy định của Nghị định này.

4. Bộ trưởng, Thủ trưởng cơ quan ngang Bộ, Chủ tịch Ủy ban nhân dân các cấp phân công lãnh đạo phụ trách trực tiếp, chịu trách nhiệm về công tác lựa chọn nhà đầu tư và giao nhiệm vụ cho một đơn vị trực thuộc chịu trách nhiệm quản lý hoạt động lựa chọn nhà đầu tư trong phạm vi quản lý của ngành hoặc địa phương mình. Trong quá trình thực hiện Nghị định này, nếu có những phát sinh, vướng mắc cần báo cáo Thủ tướng Chính phủ xem xét, quyết định. Định kỳ hàng năm, các Bộ, cơ quan ngang Bộ, Ủy ban nhân dân cấp tỉnh phải gửi báo cáo tình hình thực hiện công tác đấu thầu lựa chọn nhà đầu tư về Bộ Kế hoạch và Đầu tư để tổng hợp báo cáo Thủ tướng Chính phủ./.