Circular No. 66/2025/TT-BCT amending and supplementing certain provisions of Circular No. 27/2024/TT-BCT dated November 21, 2024 of the Ministry of Industry and Trade on standards for evaluating tender documents and sample tender documents for selecting investors to implement energy infrastructure investment projects.

CIRCULAR
Amending and supplementing certain articles of Circular No. 27/2024/TT-MININD dated November 21, 2024 of the Ministry of Industry and Trade on criteria for evaluating tender documents and sample tender documents for selecting investors to implement public investment energy projects
Pursuant to Law on Bidding No. 22/2023/QH15 amended and supplemented by Law No. 57/2024/QH15 and Law No. 90/2025/QH15;
Pursuant to Law on Electricity No. 61/2024/QH15;
Pursuant to Decree No. 78/2025/ND-CP of the Government detailing some provisions and measures to organize and guide the implementation of the Law on Legislative Acts, amended and supplemented by Decree No. 187/2025/ND-CP;

Pursuant to Decree No. 115/2024/ND-CP of the Government detailing some provisions and measures to implement the Law on Bidding regarding the selection of investors to implement public investment projects involving land use, amended and supplemented by Decree No. 17/2025/ND-CP and Decree No. 225/2025/ND-CP;

Pursuant to Decree No. 56/2025/ND-CP of the Government detailing some provisions of the Law on Electricity regarding power development planning, power grid development schemes, power project investment construction, and bidding to select investors for electricity business projects, amended and supplemented by Decree No. 100/2025/ND-CP;

Pursuant to Decree No. 40/2025/ND-CP of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade, amended and supplemented by Decree No. 109/2025/ND-CP and Decree No. 193/2025/ND-CP;

At the proposal of the Director of the Electricity Management Department;

The Minister of Industry and Trade promulgates this Circular amending and supplementing certain articles of Circular No. 27/2024/TT-MININD dated November 21, 2024 of the Ministry of Industry and Trade on criteria for evaluating tender documents and sample tender documents for selecting investors to implement public investment energy projects.

Article 1. Amending and supplementing certain articles of Circular No. 27/2024/TT-MININD amended and supplemented by Circular No. 32/2025/TT-MININD

1. Amending and supplementing certain clauses of Article 3 as follows:

a) Amending and supplementing Clause 2 as follows:

"The inviting party is an agency, organization, unit under or directly under the Ministry of Industry and Trade, provincial People's Committee; agency, unit directly under the Management Board of economic zones (for projects implemented in economic zones); People's Committee at the commune level entrusted with the task of inviting interested parties."

b) Abolishing Clause 3

c) Amending and supplementing Clause 4 as follows:

“2. "4. The agency deciding to organize the bidding to select investors includes the Ministry of Industry and Trade, provincial People's Committee, Management Board of economic zones."2. Amending and supplementing certain clauses of Article 4 as follows:

a) Supplementing Clause 2a after Clause 2 as follows:

"2a. For projects applying the simplified direct investment designation procedure as provided for in point b, Clause 1, Article 44d of Decree No. 115/2024/ND-CP amended and supplemented by Clause 18, Article 2 of Decree No. 225/2025/ND-CP, the requirement for capacity and effectiveness in developing the electricity industry shall be based on the contents specified in Appendix III attached to this Circular."

b) Amending and supplementing Clause 3 as follows:"3. The draft power purchase agreement in the tender invitation document shall be established based on the main contents of the power purchase agreement corresponding to the type of power plant issued by the Minister of Industry and Trade."

c) Amending and supplementing Clause 4 as follows:

"4. In Appendices I, II, and III attached to this Circular, italicized content serves as guidance and illustration and will be detailed in the tender invitation document, tender document, and request document based on the scale, nature, and specific conditions (if any) of each project."

d) Abolishing Clause 5.

3. Replacing the term "public investment energy project" with the term "electricity business investment project" in Clause 1, Clause 2, and Clause 3 of Article 1; Clause 2 of Article 2; and the title of Article 4.

4. Amending and supplementing certain contents of Appendix I issued together with Circular No. 27/2024/TT-MININD amended and supplemented by Circular No. 32/2025/TT-MININD in Appendix I issued together with this Circular.

5. Amending and supplementing certain contents of Appendix II issued together with Circular No. 27/2024/TT-MININD amended and supplemented by Circular No. 32/2025/TT-MININD in Appendix II issued together with this Circular.

Article 2. Implementation Provisions

1. This Circular takes effect from January 15, 2026.

2. For projects that have approved tender invitation documents, tender documents, and request documents but have not yet been issued by the time this Circular takes effect, the inviting party, tenderer, and requester shall review and update the documents and report to the competent authority for approval according to the provisions of the Law on Bidding, Decree No. 115/2024/ND-CP amended and supplemented by Decree No. 225/2025/ND-CP, and this Circular.

3. From the date Decree No. 225/2025/ND-CP takes effect until the date this Circular takes effect, projects that have issued tender invitation documents, tender documents, and request documents in accordance with the Law on Bidding, Decree No. 115/2024/ND-CP, and Decree No. 225/2025/ND-CP shall continue to select investors based on the issued tender invitation documents, tender documents, and request documents.

Deputy Minister

Vice Minister

(Signed)

Nguyen Hoang Long

3. From the date this Circular takes effect until the date Decree No. 225/2025/NĐ-CP comes into force, for projects that have issued Request for Expressions of Interest, Tender Documents, or Request for Proposals, they shall comply with the provisions of the Bidding Law, Decree No. 115/2024/NĐ-CP, and Decree No. 225/2025/NĐ-CP, and shall select investors according to the Request for Expressions of Interest, Tender Documents, or Request for Proposals that have been issued./.