Circular No. 32/2025/TT-BCT amending and supplementing certain articles of Circular No. 27/2024/TT-BCT dated November 21, 2024, of the Minister of Industry and Trade on standards for evaluating tender documents and sample tender documents for selecting investors to implement energy projects.

CIRCULAR

Amending and supplementing certain provisions of Circular No. 27/2024/TT-BCT dated November 21, 2024, issued by the Minister of Industry and Trade on criteria for evaluating tender documents and sample bidding documents for selecting investors to implement public investment projects in energy works

Pursuant to the Law on Bidding dated June 23, 2023;

Pursuant to the Electricity Law dated November 30, 2024;

Pursuant to the Law Amending and Supplementing Certain Provisions of the Planning Law, Investment Law, Public-Private Partnership Investment Law, and Bidding Law dated November 29, 2024;

Pursuant to Decree No. 40/2025/NĐ-CP dated February 26, 2025, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

Pursuant to Decree No. 115/2024/NĐ-CP dated September 16, 2024, issued by the Government detailing certain provisions and measures for implementing the Law on Bidding regarding the selection of investors to implement investment projects involving land use;

Pursuant to Decree No. 56/2025/NĐ-CP dated March 3, 2025, issued by the Government detailing certain provisions of the Electricity Law on planning for electricity development, plans for developing power supply networks, investment construction of electricity projects, and bidding to select investors for electricity business projects;

At the proposal of the Director of the Electricity Administration;

The Minister of Industry and Trade issues this Circular amending and supplementing certain provisions of Circular No. 27/2024/TT-BCT dated November 21, 2024, issued by the Minister of Industry and Trade on criteria for evaluating tender documents and sample bidding documents for selecting investors to implement public investment projects in energy works.

Article 1. Amending and supplementing certain provisions of Circular No. 27/2024/TT-BCT dated November 21, 2024, issued by the Minister of Industry and Trade on criteria for evaluating tender documents and sample bidding documents for selecting investors to implement public investment projects in energy works

1. Amend Clause 1 of Article 1 as follows:

"1. In detail, Clause 2 of Article 49 of Decree No. 115/2024/NĐ-CP dated September 16, 2024, issued by the Government detailing certain provisions and measures for implementing the Law on Bidding regarding the selection of investors to implement investment projects involving land use on criteria for evaluating the effectiveness of investment in industry, sector, and locality for energy works projects shall be amended according to Clause 3 of Article 22 of Decree No. 56/2025/NĐ-CP dated March 3, 2025, issued by the Government detailing certain provisions of the Electricity Law on planning for electricity development, plans for developing power supply networks, investment construction of electricity projects, and bidding to select investors for electricity business projects."

2. Amend Clause 1 of Article 2 as follows:

"1. Organizations and individuals related to bidding to select investors for projects as stipulated in Clause 1 of Article 17 of Decree No. 56/2025/NĐ-CP."

3. Amend Clause 2 of Article 3 as follows:

"2. The inviting party is an agency or unit under the Ministry of Industry and Trade; specialized agencies, agencies, and units directly under provincial People's Committees; agencies and units directly under Economic Zone Management Boards (for projects implemented in economic zones)."

4. Amend Clause 3 of Article 4 as follows:

"3. Basis for drafting the power purchase agreement:

a) The draft power purchase agreement is drafted based on the main contents prescribed in Appendix III issued together with Circular No. 12/2025/TT-BCT dated February 1, 2025, issued by the Minister of Industry and Trade on methods for determining the price of power generation services; principles for calculating electricity prices to implement electricity projects; main contents of the power purchase agreement;

b) For small renewable energy power plant projects, the draft power purchase agreement is drafted based on the main contents prescribed in Appendix IV issued together with Circular No. 10/2025/TT-BCT dated February 1, 2025, issued by the Minister of Industry and Trade on methods for determining and applying avoided cost tariffs for small renewable energy power plants; main contents of the power purchase agreement."

5. Amend Article 6 as follows:

"Article 6. Criteria for evaluating the effectiveness of investment in the electricity industry

1. For electricity business projects with a price framework issued by the Ministry of Industry and Trade, the criteria for evaluating the effectiveness of the electricity industry are electricity prices and are implemented according to Clause 1 of Article 19 of Decree No. 56/2025/NĐ-CP.

2. For electricity business projects without a price framework issued by the Ministry of Industry and Trade, the criteria for evaluating the effectiveness of the electricity industry are the minimum value in monetary terms paid to the state budget annually and are implemented according to Clause 2 of Article 19 of Decree No. 56/2025/NĐ-CP."

6. Amending and supplementing certain contents of Appendix I issued together with Circular No. 27/2024/TT-BCT at Appendix I issued together with this Circular.

7. Amending and supplementing certain contents of Appendix II issued together with Circular No. 27/2024/TT-BCT at Appendix II issued together with this Circular.

Article 2. Implementation Provisions

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

2. For ongoing bidding processes to select investors for electricity business projects, the following shall apply:

a) In cases where this Circular comes into effect before the tender documents are issued, the tender documents must be prepared according to this Circular;

b) In cases where the tender documents have been issued according to Circular No. 27/2024/TT-BCT but this Circular comes into effect before the investor selection results are approved, the following shall apply: if tender documents have been received, continue evaluating the tender documents based on the issued tender documents; if no tender documents have been received, the agency deciding to organize the bidding process to select investors may extend the tender closing time and amend the tender documents according to this Circular.