Circular No. 44/2017/TT-BGTVT stipulates the model tender documents for lease and exploitation of port infrastructure, wharf infrastructure, and inland container terminals invested with state capital.

CIRCULAR

Regulations on the model tender documentation for leasing and operating port infrastructure, wharves, and inland water ports funded by state capital

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Pursuant to the Vietnam Maritime Code No. 95/2015/QH13 dated November 25, 2015;

Pursuant to the Law on Bidding No. 43/2013/QH13 dated November 26, 2013;

Pursuant to the Construction Law No. 50/2014/QH13 dated June 18, 2014;

Pursuant to Decree No. 63/2014/NĐ-CP dated June 26, 2014 of the Government detailing certain provisions of the Law on Procurement regarding the selection of contractors;

Pursuant to the Government Decree No. 46/2015/NĐ-CP dated May 12, 2015 on management of construction quality and maintenance of construction works;

Pursuant to the Government Decree No. 58/2017/NĐ-CPdated May 10, 2017 of the Government detailing certain provisions of the Vietnam Maritime Code on maritime activity management;

Pursuant to the Government Decree No. 38/2017/NĐ-CP dated April 4, 2017 on investment in construction and management of operation of inland water ports;

Pursuant to Decree No. 12/2017/NĐ-CP dated February 10, 2017, issued by the Government on the functions, tasks, powers, and organizational structure of the Ministry of Transport;

At the proposal of the Director of the Infrastructure Department and the Director of the Vietnam Maritime Administration,

The Minister of Transport issues this Circular qRegulations on the model tender documentation for leasing and operating port infrastructure, wharves, and inland water ports funded by state capital.

Article 1. Scope of Regulation and Applicability

Article 1. This Circular stipulates the model tender documentation for leasing and operating port infrastructure, wharves, and inland water ports funded by state capital.

Article 2. This Circular applies to agencies, organizations, and individuals related to the tendering activities for leasing and operating port infrastructure, wharves, and inland water ports funded by state capital.

Article 3. Models of tender documentation for leasing and operating port infrastructure, wharves, and inland water ports funded by state capital

Clause 1. The model request for proposal specified in Appendix I of this Circular includes:

Point a) Part One - Instructions for bidders;

Point b) Part Two - Conditions and model lease contract for port infrastructure, wharves, and inland water ports specified in Appendix III of this Circular.

Clause 2. The model tender invitation specified in Appendix II of this Circular includes:

Point a) Part One - Instructions for bidders;

Point b) Part Two - Conditions and model lease contract for port infrastructure, wharves, and inland water ports specified in Appendix III of this Circular.

Article 4. Application of models of tender documentation for leasing and operating port infrastructure, wharves, and inland water ports funded by state capital

Clause 1. Application of tender documentation in selecting lessees for port infrastructure, wharves, and inland water ports funded by state capital as follows:

Point a) The model request for proposal shall be applied in cases of direct award selection.

Point b) The model tender invitation shall be applied in cases of open tender and selective tender.

Point c) The model lease contract shall apply to all cases of direct award, open tender, and selective tender.

Clause 2. The accompanying documents issued with this Circular serve as guidance and illustrative purposes and will be concretized based on the scale and nature of the tender package.

Clause 3. When applying the accompanying documents issued with this Circular, agencies, organizations, and individuals shall base their specific requirements on the scale and nature of the tender package, ensuring compliance with current regulations and feasibility.

Article 4. Effective date

Clause 1. This Circular takes effect from January 1, 2018.

Clause 2. Repeal Circular No. 01/2014/TT-BGTVT dated January 24, 2014 detailing the model request for proposal and tender invitation for leasing and operating port infrastructure, wharves funded by state capital.

Clause 3. For contracts signed for leasing and operating port infrastructure, wharves before the effective date of this Circular, they shall continue to be implemented until the expiration of the contract.

Clause 4. The organization of selection of lessees for port infrastructure, wharves, and inland water ports funded by other sources of capital shall be determined by the investor to apply the provisions of this Circular and relevant laws.

State-owned enterprises that have been assigned by the Ministry of Agriculture and Rural Development to conduct offshore wind power project surveys before the effective date of this Circular shall continue to implement according to the assigned documents; any new matters arising after the effective date of this Circular shall be implemented in accordance with the provisions of this Circular.

Clause 1. The Vietnam Maritime Administration shall be responsible for monitoring and summarizing the implementation of this Circular and promptly reporting to the Ministry of Transport any issues arising during implementation for timely resolution.

Clause 2. The Director of the Ministry's Office, the Inspector General, Heads of Departments, the Director of the Vietnam Maritime Administration, the Director of the Department of Construction Management and Quality Control of Transportation Works, Directors of Provincial Departments of Transport under centrally governed cities, and related agencies, organizations, and individuals are responsible for implementing this Circular./.