Văn bản hợp nhất 2187/VBHN-BKHĐT năm 2021 hợp nhất Nghị định hướng dẫn Luật Đấu thầu về lựa chọn nhà đầu tư do Bộ Kế hoạch và Đầu tư ban hành

DECREE

ELABORATION OF SOME ARTICLES OF THE LAW ON BIDDING ON INVESTOR SELECTION

The Government’s Decree No. 25/2020/ND-CP dated February 28, 2020 on elaboration of some Articles of the Law on Bidding on investor selection comes into force on April 20, 2020 and is amended by:

1. The Government’s Decree No. 35/2021/ND-CP dated March 29, 2021 elaborating the Law on Investment regarding PPP investments, which comes into force from March 29, 2021.

2. The Government’s Decree No. 31/2021/ND-CP dated March 26, 2021 elaborating some Articles of the Law on Investment, which comes into force from March 26, 2021.

Pursuant to the Law on Government Organization dated June 19, 2015;

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

Pursuant to the Law on Public - Private Partnership Investment dated June 18, 2020;

Pursuant to the Law on Investment dated June 17, 2020;

Pursuant to the Law on Public Investment dated June 13, 2019;

Pursuant to the Law on Land dated November 29, 2013;

At the request of the Minister of Planning and Investment;

Chapter I

GENERAL PROVISIONS

Article 1. Scope and regulated entities

1. Scope

This Decree elaborates some Articles of the Law on Bidding on selection of investors in the following projects:

c) Projects other than those mentioned in Point a and Point b of this Clause but still have to undergo bidding according to relevant laws and laws on private investment.

2. Regulated entities

a) Organizations and individuals that participate or are involved in selection of investors in the projects specified in Clause 1 of this Article.

b) Organizations and individuals whose investor selection activities are not regulated by this Decree may choose to apply regulations of this Decree. In this case, specify the contents that apply the Law on Bidding, this Decree and other laws to ensure fairness, transparency and efficiency.

Article 2. Assurance of competitiveness in bidding

An investor is considered legally and financially independent from the advisory contractor, the competent authorities, the procuring entity as prescribed in Clause 4 Article 6 of the Law on Bidding when the following conditions are fully satisfied:

1. The investor is not holding shares of stakes of the following advisory contractors:

a) The advisory contractor specialized in validation of the pre-feasibility study, feasibility study, design document, cost estimate;

2. The investor and the advisory contractor mentioned in Clause 1 of this Article is holding less than 30% of the other’s shares/stakes.

In case the investor or advisory contractor is a partnership, the holdings of other organizations and individuals in the partnership shall be equal to the total holdings of the members of the partnership.

3. The competent authority and the procuring entity is holding not more than 49% of the share/stake in the investor.

In case the investor is a partnership, the holding of the competent authority or the procuring entity in the partnership shall be calculated as follows:

Where:

Xi: holding of the competent authority or procuring entity in partnership member i

Yi: capital contribution ratio of member i in the partnership agreement.

n: quantity of members in the partnership.

Article 4. Publishing bidding information

1. Responsibility to publish bidding information on Vietnam National E-Procurement System (VNEPS):

a) Ministries, ministerial agencies, governmental agencies, the People’s Committees of provinces and competent persons shall publish the regulations in Point g and Point h Clause 1 Article 8 of the Law on Bidding;

d) Investors shall update information about their capacity and experience to the investor database in accordance with Clause 1.d Article 5 and Clause 1.k Article 8 of the Law on Bidding.

2. Information about projects on the list of state secrets shall be published in accordance with state secret protection laws.

3. When invalid information is found, the Ministry of Planning and Investment shall post a notice on VNEPS and the information provider shall make adjustments accordingly.

This Clause does not apply to projects belonging to prohibited business lines in accordance with regulations of law on investment.

Article 5. Bidding information publishing duration

2. The information specified in Points a, d, dd, g, h, i, l Clause 1 Article 8 of the Law on Bidding shall be published within 07 working days from the issuance date of the document.

3. Within 02 working days from the day on which the any of the information mentioned in Points b, c, d, dd, g Clause 1 Article 8 of the Law on Bidding is posted on VNEPS, Vietnam Public Procurement Review Journal (VPPR) shall publish it on 01 issue.

Article 6. Points of time during investor selection process

1. The investor selection plan shall be validated within 20 days from the receipt of adequate documents, and approved within 10 days from the receipt of the validation report.

2. The time limit for an investor to prepare the capacity profile and submit the bid shall be 30 days from the day on which the project list is posted.

5. The time limit for preparing the proposal shall be at least 30 days from the first day on which the request for proposals is issued to the bid closing date. Investors shall submit their proposals before bid closing time.

6. The time limit for preparing the bid shall be at least 60 days for domestic bidding or 90 days for international bidding from the first day on which the bidding documents are issued to the bid closing date. Investors shall submit their bids before bid closing time.

8. The procuring entity shall send the notice of investor selection result to the investors by post or fax within 05 working days from the day on which the result is approved.

10. The competent person shall decide other time limits according to Appendix I hereof and take responsibility for the punctuality and quality of investor selection tasks.

Article 7. Investor selection costs

3. Costs of preparation and validation of bidding documents and request for proposals; evaluation of bids and proposals; validation of investor selection result:

a) The cost of preparation of bidding documents or request for proposals shall be 0,05% of the total investment but shall not be smaller than 10.000.000 VND or greater than 200.000.000 VND;

b) The cost of validation of bidding documents or request for proposals and validation of investor selection result shall be 0,02% of the total investment but shall not be smaller than 10.000.000 VND or greater than 100.000.000 VND;

c) The cost of evaluation of bids or proposals shall be 0,03% of the total investment but shall not be smaller than 10.000.000 VND or greater than 200.000.000 VND.

5. The costs specified in Clauses 2, 3, 4 of this Article apply when the competent authority and procuring entity directly carry out investor selection. In case a counselor is hired to perform the tasks in Clauses 2, 3 and 4 the costs depend on the volume and duration of work, the counselor’s capacity, experience and wage, and other elements.

In case the counsellor’s wage is not specified, it will be determined according to the wages paid to counselors of similar projects over a specifiec period of time or in the total investment.

6. The cost of payment for the counsellors on settlement of investors’ petitions against the investor selection result shall be 0,02% of total investment of the complaining investors but shall not be smaller than 20.000.000 VND or greater than 200.000.000 VND.

7. The Ministry of Planning and Investment shall provide guidance on the costs of publishing bidding information, participation in VNEPS, management and use of revenues from collection of these costs.

8. The management and use of the revenues mentioned in Clauses 1, 2, 3, 4, 5, 6 of this Article shall comply with instructions of the Ministry of Finance.

Article 10. Selection of investors in land-using projects

1. International competitive bidding shall be carried out if the project fully satisfies the following requirements:

a) The total estimated cost of the project (excluding cost of compensation, assistance and relocation, land levy, land rent) is at least 800.000.000.000 VND;

b) At least two investors are qualified in terms of capacity and experience as prescribed in Clause 3 Article 13 of this Decree, including at least one foreign investor;

c) It is not any of the cases specified in Point a and Point c Clause 2 a of this Article.

2. Domestic competitive bidding shall be carried out in the following cases:

b) At least two investors are qualified in terms of capacity and experience as prescribed in Clause 3 Article 13 of this Decree, including none foreign investor;

c) The project involves national defense or security matters under decision of the Prime Minister at the request of a competent authorities and consensus with the Ministry of National Defense (for national defense matters) or the Ministry of Public Security (for security matters).

3. Direct contracting is applied as prescribed in Point b Clause 4 Article 22 of the Law on Bidding.

A land-using investment project is subject to investor selection uses land if it satisfies the following conditions:

1. The project is the one specified in Point b Clause 1 Article 1 of this Article but does not use public investment capital to construct works. Projects on construction of urban areas and commercial housing; office buildings; commercial and services works shall be classified in accordance with regulations of law on construction. In the case of a project having multiple functions, the determination of whether the project uses land shall be carried out based on its main work or main work at the highest level if the project has multiple main works in accordance with regulations of law on construction.

2. The project is on the approved list of projects on land that needs expropriating in accordance with regulations of law on land, located in a land area that is currently being managed or used by the State but will be allocated or leased out by the provincial People’s Committee or economic zone management board to the approved investor.

3. The project belongs to a residential housing development program or plan in accordance with regulations of law on housing; an urban development program (if any) in accordance with regulations of law on urban development.

4. The project conforms to the socio-economic development plan or construction planning on a scale of 1/2.000 or 1/500 (if any); or the urban zoning planning a scale of 1/2.000 or 1/5.000 as prescribed by law.

5. The project is not qualified to hold a land use right auction in accordance with regulations of law on land.

6. The project does not fall into the case specified in Point b Clause 4 Article 22 and Article 26 of the Law on Bidding.

1. The project specified in Article 11 of this Decree shall be incorporated into the list of land-using investment projects. To be specific:

a) For the project subject to approval for its investment guidelines in accordance with regulations of law on investment, the decision on approval for investment guidelines also serves as the decision on approval for the list of land-using investment projects.

According to the decision on approval for investment guidelines under regulations of law on investment, the Department of Planning and Investment shall cooperate with relevant authorities in determining preliminary requirements on the investor’s capacity and experience, and submit a report to the President of the provincial People’s Committee for approval prior to announcing the list of projects. For the project executed in a economic zone, the economic zone management board shall determine and approve preliminary requirements on the investor’s capacity and experience prior to announcing the list of projects.

b) For the project not subject to approval for its investment guidelines in accordance with regulations of law on investment, the compilation and approval of the list of land-using investment projects shall comply with Clauses 2 and 3 of this Article.

2. Compile a list of land-using projects regarding the project not subject to approval for its investment guidelines in accordance with regulations of law on investment:

a) If the project is set up by a specialized agency affiliated to the provincial People’s Committee or agency affiliated to the provincial or district-level People's Committee:

The specialized agency affiliated to the provincial People’s Committee or agency affiliated to the provincial or district-level People's Committee shall prepare and submit a land-using investment project proposal to the Department of Planning and Investment for consolidation. The proposal shall contain the project’s name; objectives; scale; total estimated cost of project execution, investment capital; capital raising plan; investment duration and schedule; information about current use of land in the project location, expected demand for land use (if any); purposes of land; approved planning criteria; language used to publish the list of projects; analysis of socio-economic efficiency of the project, assurance of national defense and security assurance, and sustainable development of the project and preliminary requirements on the investor’s capacity and experience.

b) If the project is proposed by an investor:

The investor is entitled to propose to execute an investment project using land not included in the list of land-using investment projects as approved by the President of the provincial People’s Committee. The investor shall prepare and submit a project proposal to Department of Planning and Investment for consolidation. The proposal consists of:

- A written request for permission to execute the land-using project, including a commitment to bear all the costs and risks if the proposal is rejected;

- Contents of the project proposal shall contain the project’s name; investment objectives; investment scale; total estimated cost of project execution, investment capital; capital raising plan; investment duration and schedule; analysis of socio-economic efficiency of the project, assurance of national defense and security assurance, and sustainable development of the project;

- The proposal for expected demand for land use; information about current use of land in the project location (if any); purposes of land; approved planning criteria;

- Documents about the investor’s legal status, capacity and experience;

- Other documents (if any) required to explain the project proposal.

3. Approve the list of land-using investment projects:

a) Within 30 days from the receipt of the project proposal specified in Point a or b Clause 2 of this Article, the Department of Planning and Investment shall cooperate with relevant authorities in compiling the list of land-using investment projects; assessing the satisfaction of the conditions for determining whether an investment project uses land prescribed in Article 11 of this Decree; determine preliminary requirements on the investor’s capacity and experience, and submit a report to the President of the provincial People’s Committee. Where necessary, the duration of implementation may be extended upon request.

b) Within 10 days from the receipt of the report, the the President of the provincial People’s Committee shall consider approving the list of land-using investment projects, including the preliminary requirements on the investor’s capacity and experience.

4. Announce the list of projects”

a) According to the decision on approval for investment guidelines under regulations of law on investment or the approved list of land-using investment projects, the Department of Planning and Investment or the economic zone management board (for the project executed in an economic zone) shall publish the list of projects as prescribed in Point c Clause 1, Clause 4 Article 4 and Clause 2 Article 5 of this Decree.

b) Information to be published includes:

- Project’s name; investment objectives; investment scale; total estimated cost of project execution, investment capital; capital raising plan; investment duration and schedule;

- Current use of land in the project location, area of land used for project execution; purposes of land; approved planning criteria;

- Preliminary requirements on the investor’s capacity and experience;

- Deadline for the investor to submit the application for registration of project execution;

- The investor shall submit the application for registration of project execution through VNEPS;

- Other necessary information.

1. Investors shall prepare and submit an application for registration of project execution on VNEPS according to the information published according to Point b Clause 4 Article 12 of this Decree. The application for registration of project execution shall include the application form; documents about the investors’ legal status, capacity, experience, and other relevant documents (if any).

2. Upon the expiry of the time limit for registration of project execution, the Department of Planning and Investment or economic zone management board (for the project executed in an economic zone) shall carry out preliminary assessment of the capacity and experience of the investors that have submitted applications for registration of project execution on VNEPS.

3. According to the result of preliminary assessment of capacity and experience, the authority specified in Clause 2 of thus Article shall make a submission to the President of the provincial People's Committee or the economic zone management board (for the project executed in an economic zone) for decision to organize the implementation in one of the cases specified in Clauses 4, 5 and 6 of this Article.

4. If two investors or more satisfy preliminary requirements on capacity and experience:

a) The President of the provincial People’s Committee shall issue a decision to carry out competitive bidding as prescribed in Clause 1 or Clause 2 Article 10 of this Decree and assign a specialized agency affiliated to the provincial People’s Committee or the district-level People’s Committee to act as the procuring entity.

b) The head of the economic zone management board shall issue a decision to carry out competitive bidding as prescribed in Clause 1 or Clause 2 Article 10 of this Decree and assign an unit affiliated to the economic zone management board to act as the procuring entity with regard to the project executed in the economic zone.

5. If only one investor carries out the registration and satisfies preliminary requirements on capacity and experience or multiple investors carry out the registration but only one investor satisfies preliminary requirements on capacity and experience, it is required to follow the procedures for investor approval in accordance with regulations of law on investment.

6. Under the competent authority’s decision and approval specified in Clauses 4 and 5 of this Article, the Department of Planning and Investment or economic zone management board (for the project executed in an economic zone) shall publish a list of qualified investors on VNEPS or send a notification of completion of procedures for announcing the list of projects if there is not any investor satisfying preliminary requirements on capacity and experience.

Article 14. Retention of bidding information

1. All documents releant to the process of investor selection shall be retained for at least 03 years after the project execution contract is terminated, except for the documents specified in Clause 2, 3, 4 of this Article.

2. Financial - commercial proposals of investors that fail the technical evaluation shall be returned as is to them together with the return or release of bid security paid by unsuccessful investors. In case an investor refuses to receive the documents, the procuring entity shall consider destroying them while ensuring confidentiality of information therein.

3. In case of bid cancellation, relevant documents shall be retained for 12 months from the day on which the project cancellation decision is issued.

4. Documents about finalization of the project execution contract and successful investors shall be retained in accordance with regulations of law on document retention.

Article 15. Team of experts

1. Participants in the expert team shall have bidding practitioner’s certificate under the roadmap specified by the Ministry of Planning and Investment, except for those specified in Clause 3 and Clause 4 of this Article.

2. Depending on the nature and complexity of the project, the expert team may consists of experts in technology, finance, commerce, administration, law, land and relevant fields.

3. An individual who is not one of those specified in Clause 2 Article 16 of the Law on Bidding and wishes to participate in an expert team shall have:

a) A certificate of training in bidding;

b) Have professional knowledge relevant to the project;

c) Have foreign language skills suitable for the project;

d) Be conversant with specific contents of the project;

dd) At least 05 years’ experience of work in the fields relevant to the project.

4. In special cases where opinions of experts in certain fields are needed, they are not required to have the certificate of training in bidding.

5. Training in bidding for investor selection shall be carried out in accordance with bidding laws.

Article 16. Investor selection under relevant laws and laws on private sector involvement

a) The list of projects (including preliminary requirements on capacity and experience) must be approved and made publicly available on VNEPS, serving as the basis for determination of investors interested in and submitting applications for registration of project execution.

b) If there are two investors or more satisfying the preliminary requirements on capacity and experience, the bidding shall be held by applying the competitive bidding process, including:

- Preparation for investor selection;

- Organization of investor selection;

- Assessment of the technical proposal; appraisal and approval of the list of technically qualified investors;

- Opening and assessment of the financial - commercial proposal;

- Submission, appraisal, approval and publishing of investor selection results;

- Negotiation, completion and execution of a contract.

c) If only one investor carries out the registration and satisfies preliminary requirements on capacity and experience or multiple investors carry out the registration but only one investor satisfies preliminary requirements on capacity and experience, it is required to follow the procedures for investor approval in accordance with regulations of law on investment.

d) If there is not any investor satisfying preliminary requirements on capacity and experience, it is required complete the procedures for announcing the list of projects.

2. Responsibility for investor selection shall be assigned in accordance with the Law on Bidding and thid Decree, unless otherwise prescribed by investment laws, relevant laws and private investment laws.

Chapter II

Section 2. INVESTOR SELECTION PLAN

Article 24. Preparation of investor selection plan

1. Basis for preparation of investor selection plan:

- The decision on approval for investment guidelines (for projects subject to approval for investment guidelines according to investment laws) or the decision on approval for the list of land-using projects (for projects not subject to approval for investment guidelines according to investment laws);

- The decision to apply competitive bidding;

- Relevant documents (if any).

2 . On the basis of the documents specified in Clause 1 of this Article, the procuring entity shall prepare the investor selection plan and submit it to a competent person and the validating unit.

3. The documents to be submitted include:

a) The written request for approval which contains brief description of the preparation process and contents of the plan as prescribed in Article 25 of this Decree;

b) The table for monitoring progress of investor selection tasks as prescribed in Clause 10 Article 6 and Point h Clause 1 Article 8 of this Decree;

c) Enclosures including photocopies of the documents mentioned in Clause 1.

Article 25. Contents of investor selection plan

1. The project’s name.

4. Methods and types of investor selection:

b) The type of investor selection shall be either single stage one envelop (SSOE) or single-stage two-envelop (SSTE) procedure as prescribed ion Article 28 or Article 29 of the Law on Bidding.

5. Initiation time of investor selection:

The investor selection process shall be initiated when the bidding documents or request for proposals are issued, which is a specific month or quarter of the year.

6. Type of contract:

b) For a land-using project, the type of contract shall be a land-using project contact.

7. Contract duration:

Contract duration is the number of years or months from the effective date of the contract to the date on which the parties fulfill their contractual obligations.

Article 26. Validating and approving the investor selection plan

1. Validating the investor selection plan:

a) Validation includes the validation and assessment of the contents specified in Article 25 of this Decree;

b) The validating unit shall prepare and submit the validation report to the competent person for approval.

2. On the basis of the validation report, the competent person shall issue a decision to validate the investor selection plan and a table for monitoring progress of investor selection tasks as the basis for initiation of the investor selection process.

Chapter IV

COMPETITIVE BIDDING FOR SELECTION OF INVESTORS IN LAND-USING PROJECTS

Section 1. Detailed procedures

Article 46. Detailed procedures

1. Preparation for investor selection, including:

a) Preparation of bidding documents;

b) Validation and approval of the bidding documents.

2. Organization of investor selection, including:

a) Inviting bids;

b) Issuance, revision, clarification of the bidding documents;

c) Preparation, submission, receipt, management, revision, withdrawals of bids;

d) Opening technical proposals.

3. Evaluation of technical proposals, including:

a) Inspection of validity of technical proposals;

b) Detailed evaluation of technical proposals;

c) Validation and approval of technically qualified investors.

4. Opening and evaluation of financial - commercial proposals, including:

a) Opening financial - commercial proposals;

b) Inspection and evaluation of validity of financial - commercial proposals;

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

5. Submission, validation, approval and publishign of investor selection result.

6. Contract negotiation and conclusion, including:

a) Contract negotiation;

b) Contract conclusion and publishing of contract information.

Section 2. PREPARATION OF INVESTOR SELECTION

Article 47. Preparation of bidding documents

1. Basis for preparation of bidding documents:

b) The approved plan for investor selection;

c) Applicable regulations of law on land, housing, real estate trade, investment, construction and relevant laws.

2. Contents of bidding documents:

The bidding documents must not contain any conditions that restrict participation of investors or give advantage to one or some investors causing unfair competition. The bidding documents shall contain adequate information for investors to prepare their bids, to be specific:

a) Overall information about the project, including the project’s name, purposes, location, scale; initial execution schedule; status of the land area; planning criteria;

b) Instructions for investors, including bidding procedures and the bid data sheet;

c) Project execution, architecture, environment, safety requirements and other contents of the project (if any);

d) Bid evaluation criteria, including criteria for evaluating investors’ capacity and experience, technical criteria, financial criteria and evaluation methods;

dd) Bid forms, including the letter of bid, technical proposal, financial - commercial proposal, bid security, commitment of finance organization (if any) and other forms;

e) Land allocation or land lease duration; land use purposes and proportions;

g) Land levy or land rent estimated by the procuring entity using the most appropriate land pricing method and input parameters.

The land levy or land rent shall be paid by the successful investor (the selected investor) when a decision on land allocation or land lease is issued by a state authority in accordance with land laws;

h) Total cost of project execution (excluding the cost of compensation, assistance and relocation land levy or land rent (m1)) estimated by the procuring entity in accordance with construction laws, ensuring efficient use of the land area.

i) Plan and cost of compensation, assistance and relocation. The cost of compensation, assistance and relocation (m2) is calculated according to:

- Land compensation;

- Remaining value of investment in the land area upon land expropriation by the State (if any);

- Compensation for housing, construction, property on land and business loss upon land expropriation by the State;

- Assistance amount upon land expropriation by the State (if any), including: assistance in life stabilization; training, career change and job finding; assistance in relocation; other assistance;

- Cost of organization of land clearance and compensation.

k) Minimum state budget contribution (m3) calculated by the procuring entity as follows:

m3 = S x ΔG x k, where:

- S: area of levied land or leased land;

- ΔG: average increase in value after land use right auction per unit of area of land with the same uses in the same area. In case such a land area is not available, land data of administrative divisions with similar socio-economic conditions may be used;

- k: coefficient of average increase in value after land use right auction, with account taken of the similarity of the land area of the project and other factors (if any).

This value is relative, is the basis for investors to propose state budget contribution, and independent from the land levy or land rent payable the the investor according to land laws.

l) The draft contract, including project execution requirements, land allocation or land lease duration; land area; estimated land levy or land rent and method for determination thereof; input parameters or how to determine input parameters according to the applied pricing method; applicable regulations; bonuses and penalties; force majeure events; reconsideration of contract during project operation and other contents.

Article 48. Bid evaluation criteria and method

The bid evaluation method shall be expressed through the evaluation criteria in the bidding documents, including:

1. The basis for establishment of the preliminary capacity and experience requirements that are approved according to Clause 3 Article 12 of this Decree, criteria and methods for evaluation thereof, additional criteria (if necessary) according to Point d Clause 1 Article 19 of this Decree. In case of a partnership, the investor’s capacity and experience shall be the total capacity and experience of its members; the lead investor of the partnership shall have at least 30% holding; each member shall have at least 15% holding in the partnership.

2. Method and criteria for evalution of technical capacity:

a) Technical criteria:

- Relevance of the project’s objectives for the socio-economic development or industry development plan; the construction planning has a ratio of 1/2.000 or 1/500 (if any), or the urban sector planning has a ratio of 1/2.000 or 1/5.000 as prescribed by law.

- The project’s scale, architechtural solutions and basic functions of the project;

- Environment and safety requirements;

- Other criteria on a case-by-case basis.

b) Technical evaluation method:

A scale of 1 – 100 or 1 – 1000 shall be used for technical criteria with minimum and maximum score for each criterion. The total passing score shall not be smaller than 70%; the passing score of and each criterion mentioned in Point a of this Clause shall not be smaller than 60%.

c) The scoring system mentioned in Point a of this Clause shall be suitable for the type of the project execution contract and the maximum score shall be 100%.

3. Financial criteria and evaluation method:

a) Financial criteria:

- Total cost of the project (M1);

- Cost of compensation, assistance and relocation (M2);

- Investment efficiency (M3).

Where:

+ M1 is the total estimated cost of the project (excluding cost of compensation, assistance and relocation, land levy, land rent) proposed by the investor in the bid according to the value of m1 specified in the bidding documents;

+ M2 is the cost of compensation, assistance and relocation, land levy, land rent proposed by the investor in the bid according to the value of m2 specified in the bidding documents.

In case the approved cost of compensation, assistance and relocation is smaller than the value of M2, the difference shall be paid to state budget; In case it is higher than M2, the difference shall be covered by the investor and be included in the project’s total capital.

The investor may offset the approved cost of compensation, assistance and relocation against the land levy or land rent payable. The cost of compensation, assistance and relocation that remains after offsetting (if any) shall be included in the project’s total capital.

+ M3 is the investor’s proposed state budget contributions specified in the bid in addition to the investor’s liabilities to state budget prescribed by applicable law.

b) Financial - commercial evaluation method

- State interest-based method shall apply to financial evaluation. Technically qualified bids shall be ranked according to their investment efficiency. Investment efficiency shall be evaluated according to M3;

- When M1 ≥ m1 and M2 ≥ m2, M3 ≥ m3, the investor that proposes the highest M3 will be first-ranked and proposed as successful investor.

1. Bidding documents shall be validated and approved in accordance with Clause 2 Article 75 of this Decree before approval.

2. Approval for the bidding documents shall be made in writing on the basis of the request for approval and the report on validation of the bidding documents.

Section 3. ORGANIZATION OF INVESTOR SELECTION

Article 50. Conditions for issuance of bidding documents

Bidding documents shall be issued for selection of investor in a land-using project when the following conditions are fully satisfied:

1. The conditions specified in Clause 2 Article 7 of the Law on Bidding are satisfied;

2. The construction planning has a ratio of 1/2.000 or 1/500 (if any), or the urban sector planning has a ratio of 1/2.000 or 1/5.000 and is approved by a competent authority as prescribed by law.

1. The invitation to bid shall be published in accordance with Point d Clause 1 Article 4 and Clause 1 Article 5 of this Decree.

2. Bidding documents shall be issued to all investors. The procuring entity shall publish the physical and electronic bidding documents on VNEPS free of charge.

3. If the bidding documents have to be revised after issuance, the revision decision and the revisions must be posted by the procuring entity on VNEPS.

4. In case the bidding documents have to be clarified, the investor shall send the procuring entity a written request for clarification at least 07 working days (for domestic bidding) or 15 days (for international bidding) before the bid closing date. Clarification of the bidding documents shall be carried out by the procuring entity in one or some of the following manners:

a) Post the clarifying document on VNEPS;

b) If necessary, a pre-bid meeting may be held to discuss the contents that need clarifying in the bidding documents. The minutes of the meeting prepared by the procuring entity shall be used as the clarifying document, which shall be published on VNEPS.

The clarifications must not contradict the approved contents of the bidding documents. In case the bidding documents have to be revised after clarification, the revisions shall be made in accordance with Clause 3 of this Article.

5. The revision decision and clarifying document shall be part of the bidding documents.

6. Extending bid submission deadline

a) The procuring entity shall post the extension notice together with the decision to approve extension on VNEPS.

b) the extension notice shall specify the reason for extension and the new bid closing time.

1. The investor shall prepare and submit the bid according to requirements of the bidding documents.

2. The procuring entity shall receive all bids submitted by investors before the bid closing time and treat them as secret documents until the investor selection result is disclosed; Do not reveal information in one investor’s bid to any other investor, except the information that is disclosed during bid opening.

3. The investor that wishes to revise, replace or withdraw the bid shall submit a written request to the procuring entity. Such a request shall only be granted if it is received before the bid closing time.

4. The bids and documents sent by investors to the procuring entity after the bid closing time shall not be opened, considered invalid and eliminated, except documents clarifying bids requested by the procuring entity or clarifying, supplementary documents proving the investors’ lawful status, capacity and experience.

1. Technical proposals shall be publicly opened within 01 hour from the bid closing time. The bid opening record shall be sent to all bidding investors.

2. The procuring entity’s representative shall sign the original copy of the bid form, power of attorney of the investor’s legal representative (if any); the partnetship agreement (if any); the bid guarantee; important documents of each technical proposal.

3. Financial – commercial proposals of all investors shall be sealed by the procuring entity in a separate bag. The seal shall be signed by the procuring entity’s representative and the investors that participate in the technical proposal opening ceremony.

1. Bid evaluation shall be carried out on the basis for criteria for bid evaluation and other requirements in the bidding documents, the submitted bids, bid-clarifying documents provided by the investors in order to select a qualified investor with feasible technical, financial – commercial plans for execution of the project.

2. The photocopies shall be used for evaluation. The investors are responsible for the consistency between the originals copies and the photocopies. In case of minor discrepancies between the original copy and the photocopy which do not change the investor’s rankings, the original copy shall be used for evaluation. In case of major discrepancies between the original copy and the photocopy which result in a change in an investor’s rankings, that bid will be eliminated.

3. During bid evaluation, the procuring entity shall inspect the technical, financial – commercial contents of the bids to make sure the bids do not contain discrepancies, additional conditions or omitted basic contents. To be specific:

a) Discrepancies are contents that are different from those specified in the bidding documents;

b) Additional conditions are those imposed by the investor that are restrictive or express partial consent to the requirements in the bidding documents;

c) Omitted contents are the information or documents that are not fully provided by the investor as required by the bidding documents.

4. If the bid fulfills the basic requirements in the bidding documents, the procuring entity may accept the flaws that are not the aforementioned discrepancies, additional conditions or ommitted contents, which, if accepted by the procuring entity or revised, supplemented or replaced by the investor, will:

a) Significantly affect the scope and requirements in terms of technology, quality of works, infrastructure system;

b) Cause significant restrictions and inconsistency between the bidding documents and entitlements of the procuring entity, the contract-signing authority, competent authority or obligations of the investor in the contract;

c) Unfairly affect competitiveness of other investors whose bids satisfy the basic requirements in the bidding documents.

5. A bid that fails to satisfy the basic requirements in the bidding documents will be eliminated; revisions to the discrepancies, additional conditions or ommitted contents to make a bid satisfactory are not permitted.

1. After bids are opened, the investors shall clarify their bids if requested by the procuring entity.

2. After bid closing, the procuring entity shall receive clarifying documents, supplementary documents proving the investors' lawful status, capacity and experience in case the investors find that their existing information and documents about their capacity and experience are not submitted together with the bidding documentation. These documents shall be consider part of the bids.

3. The clarification of contents about the investor’s lawful status, capacity and experience must not change the nature of the investor’s lawful status, capacity and experience. The clarification of technical, financial - commercial contents in the bid must not change the basic contents of the submitted bid.

4. The clarification shall be carried out between the procuring entity and the investor whose bid has to be clarified. The clarification shall be made into a written document and retained by the procuring entity as part of the bid.

Section 4. EVALUATION OF TECHNICAL PROPOSALS

1. Inspection of validity of technical proposals, including:

a) Inspection of the quantity of original copies and photocopies of the technical proposal;

b) Inspection of components of the technical proposal, including: the bid form, partnership agreement (if any), letter of authorization to sign the bid form (if any); bid buarantee; documents proving the signor’s lawful status (if any); documents proving the investor’s lawful status, capacity and experience; the technical proposal; other components of the technical proposal;

c) Inspection of consistency between the original copies and photocopies serving detailed evaluation of the technical proposal.

2. Evaluation of the validity of the technical proposal:

A technical proposal shall be considered valid when:

a) There is the original copy of the technical proposal;

b) There is a valid bid form;

c) The effect of the technical proposal is conformable with regulations of the bidding documents;

d) There is a valid bid guarantee;

dd) The investor does not submit more than one technical proposal as independent investor or partnership member;

e) There is a valid partnership agreement in case of a partnership;

g) The investor is not being banned from bidding under bidding laws;

h) The investor has lawful status as prescribed in Article 5 of the Law on Bidding.

3. Evaluation of capacity and experience:

Evaluation of capacity and experience shall be carried out according to the criteria and method specified in the bidding documents.

4. Investors that have valid technical proposals and satisfy capacity and experience requirements shall have their technical proposals undergo detailed evaluation

5. Detailed evaluation of technical proposals

Detaile evaluation of technical proposals shall be carried out according the criteria and method specified in the bidding documents.

1. The list of technically qualified investors shall be approved in writing on the basis of the written request for approval and the report on validation of the list of technically qualified investors.

2. In case of investor appointment, do not validate and approve the list of technically qualified investors.

3. The procuring entity shall send the list of technically qualified investors to all bidding investors and invite them to participate in the opening of financial – commercial proposals, specify the opening time and location.

Section 5. OPENING AND EVALUATION OF FINANCIAL - COMMERCIAL PROPOSALS

1. Financial – commercial proposals of the investors on the list of technically qualified investors shall be publicly opened within at the time and location specified in the notification of the list of technically qualified investors. The bid opening record shall be sent to all bidding investors.

2. The procuring entity’s representative shall sign the original copy of the bid form, power of attorney of the investor’s legal representative (if any); the partnetship agreement (if any); the bid guarantee; important contents of each financial – commercial proposal.

1. Inspection of validity of financial - commercial proposals, including:

a) Quantity of original copies and photocopies of the financial – commercial proposal;

b) Components of the financial – commercial proposal, including: the bid form, other components of the financial – commercial proposal;

c) Consistency between the original copies and photocopies of the technical proposal.

2. Evaluation of the validity of a financial - commercial proposal:

A financial – commercial proposal shall be considered valid when:

a) There is the original copy of the financial – commercial proposal;

b) There is a valid bid form;

c) The values in the bids are specific, expressed in both numbers and words, rational, logical and consistent, and are not associated with conditions that are disadvantageous ot the authorities or procuring entity (including: total investment proposed by the investor (M1); value of compensation, assistance and relocation proposed by the investor (M2); proposed payment to state budget in addition to the investor’s liabilities to state budget prescribed by applicable laws (M3); proposed increase in payment to state budget in addition to the investor’s liabilities to state budget prescribed by applicable laws (if any);

d) The effect of the financial – commercial proposal is conformable with regulations of the bidding documents.

3. The investors whose financial - commercial proposals are valid (hereinafter referred to as “financially qualified investors”) shall undergo detailed financial evaluation. Detailed financial – commercial evaluation and investor ranking shall be carried out according the criteria and method specified in the bidding documents.

4. After bid evaluation is complete, the team of experts shall submit a report to the procuring entity for consideration. The report shall have the following contents:

a) The list of ranked investors;

b) The list of disqualified investors and reasons for disqualification;

c) Remarks on the competiveness, fairness, transparency and efficiency of the investor selection process. In case competiveness, fairness, transparency or efficiency is not ensured, provide explanation and propose solutions.

5. If necessary, the procuring entity may request the competent person to consider allowing the first-ranked investor to enter into preliminary contract negotiation to facilitate the process of negotiation of the contract after the investor selection result is available.

Article 56. Rules for investor selection

An investor will be proposed as successful investor when the following conditions are fully satisfied:

1. The bid is valid.

2. The investor’s capacity and experience are qualified.

3. The technical proposal is qualified.

4. All the following conditions are satisfied:

a) M1 ≥ m1;

b) M2 ≥ m2;

c) M3 ≥ m3 and is the highest.

Section 6. SUBMISSION, VALIDATION, APPROVAL AND PUBLISHING OF INVESTOR SELECTION RESULT; CONTRACT NEGOTIATION AND CONCLUSION

Article 57. Submission, validation, approval and publishing of investor selection result

a) On the basis of the bid evaluation result report, the procuring entity shall submit the investor selection result, specifying the comments of the procuring entity on the evaluation by the team of experts.

b) The investor selection result shall be validated in accordance with Clause 4 Article 76 of this Decree prior to approval.

c) The decision to approve the investor selection result shall be made in writing on the basis of the written request for approval and the report on validation of the investor selection result.

2. In case an investor is selected, the decision to approve the investor selection result shall contain the following information:

a) The project’s name, objectives and scale;

b) Name of the successful bidder (the selected investor);

c) The estimated project execution schedule;

d) The project’s location, land area, land use purposes and duration;

dd) The total estimated cost of the project (excluding cost of compensation, assistance and relocation, land levy, land rent);

e) Estimated land levy or land rent payable by the investor:

g) Other information (if any).

3. In case the bidding process is cancelled according to Clause 1 Article 17 of the Law on Bidding, the approval decision or cancellation decision shall specify the reasons for cancellation and responsibility of the parties.

4. After the investor selection result approval decision is available, the procuring entity shall publish the information specified in Point d Clause 1 Article 4 and Clause 2 Article 5 of this Decree; send a notice of investor selection result to the investors within the time limit specified in Clause 8 Article 6 of this Decree. The notice of investor selection result shall contain:

a) The information specified in Clause 2 of this Article;

b) The list of unsuccessful investors and reasons for the elimination of each one;

c) The plan for negotiation and conclusion of the contract with the selected investor.

5. After the approval decision is available, the investor shall issue a decision to establish a project management enterprise to execute the project or directly execute the project. The management, operation and dissolution of the project management enterprise shall comply with regulations of law on enterprises, investment and project execution contract.

Article 58. Contract negotiation and conclusion

1. The first-ranked investor will be invited to negotiate the contract. In case the first-ranked investor does not come or refuses to come to negotiate the contract, the bid security will not be refunded.

2. Basis for contract negotiation:

a) The bid evaluation report;

b) The bid, clarifying and revising documents (if any) provided by the investor;

c) The bidding documents.

3. Rules for contract negotiation:

a) Do not negotiate the contents that are already conformable with the bidding documents;

b) The contract negotiation must not change the basic contents of the bid.

4. Contents of contract negotiation and conclusion:

a) Negotiate the contents that are not adequately detailed or consistent between the bidding documents and the bid, the discrepancies in the bid that may lead to disputes or affect the responsibility of the parties during contract execution;

b) Negotiate the issues that arise during the investor selection process (if any) in order to complete details of the project;

c) Negotiate the schedule for transfer of construction area; transfer of payment for compensation, assistance and relocation and state budget contribution to competent authorities;

d) The basis for determination of land levy or land rent according to land laws; method for land pricing as the basis for determination of land levy or land rent at the time of land allocatin or land lease; input parameters or how to determine input parameters according to the applied pricing method;

dd) Other necessary issues.

6. In case the contract negotiation is not successful, the procuring entity shall request the competent person to consider cancelling the investor selection result and invite the investor ranked second to negotiate the contract. In case the contract negotiation with all the next investor is not successful, the procuring entity shall request the competent person to consider issuing a decision on bid cancellation as prescribed in Point a Clause 1 Article 17 of the Law on Bidding.

Article 59. Contract conclusion and publishing of contract information

a) The proposed successful bid price (money proposed to be paid to the state budget by the selected investor in the bid package) shall be the value of the signed contract.

b) The costs of project execution and costs of compensation, assistance and relocation proposed by the selected investor in the bid package shall be recorded in the contract; if the change of planning, policy or law affects such costs, regulations of law on investment, construction, land, planning, housing and real estate business, and other relevant regulations of law shall apply.

c) The land levy or land rent determined in accordance with land laws plus state budget contribution shall be recognized as market price at the time of land allocation or land lease specified in the contract.

2. The contract shall be concluded in accordance with Article 69, 70, 71, 72 of the Law on Bidding.

3. Within 07 working days from the day on which the contract is concluded, the procuring entity shall publish information about the contract on the VNEPS. Information published:

a) Name of the project; contract number; contract conclusion date;

b) Name and address of the competent authority;

c) Name and address of the investor;

d) The project’s objectives and scale;

dd) The estimated project execution schedule;

e) The project’s location, land area, land use duration;

g) The total estimated cost of the project (excluding cost of compensation, assistance and relocation, land levy, land rent);

h) The estimated land levy or land rent; method for land pricing as the basis for determination of land levy or land rent at the time of land allocatin or land lease; input parameters or how to determine input parameters according to the applied pricing method;

i) Other information (if any).

Article 60. Initiation of a land-using project

Chapter V

DIRECT CONTRACTING AND SPECIAL INVESTOR SELECTION PROCESS

Section 2. APPOINTMENT OF INVESTOR FOR LAND-USING PROJECTS

Article 67. Preparation for investor selection

1. Preparation of request for proposals:

- The list of projects that need land expropriation as prescribed by land laws, located in land areas that are managed or used by the State and will be assigned or leased out by the People’s Committee of the province or economic zone management board to the approved investor;

- The housing development program as prescribed by housing laws; urban development program (if any) as prescribed by urban development laws;

- The socio-economic development or industry development plan; the construction planning with a ratio of 1/2.000 or 1/500 (if any), or the urban sector planning with a ratio of 1/2.000 or 1/5.000 as prescribed by law;

- The approved plan for investor selection;

- Applicable regulations of law on land, housing, real estate trade, investment, construction and relevant laws.

b) The request for proposals shall contain the information specified in Clause 2 Article 47 of this Decree. The criteria and evaluation method specified in Article 48 of this Decree shall apply though financially qualified investors need not to be ranked.

2. Validation and approval of request for proposals and selection of investor:

a) The request for proposals shall be validated in accordance with Clause 2 Article 75 of this Decree prior to approval;

b) Approval for the request for proposals shall be made in writing on the basis of the request for approval and the report on validation of the request for proposals;

Article 68. Organization of investor selection

1. The request for proposals shall be issued to the selected investor.

2. The investor shall prepare and submit the proposal accordingly.

Article 69. Evaluation of proposals

The proposal shall be evaluated according to the criteria specified in the request for proposals. During ethe process of evaluation, the procuring entity shall invite the investor to visit to clarify or make necessary revisions to the proposal.

Article 70. Rules for investor selection

An investor will be proposed as successful investor when the following conditions are fully satisfied:

1. The proposal is valid;

2. The investor’s capacity and experience are qualified;

3. The technical proposal is qualified;

4. All of the following conditions are satisfied:

a) M1 ≥ m1;

b) M2 ≥ m2;

c) M3 ≥ m3.

Article 71. Submission, validation, approval and publishing of direct contracting result

Article 57 of this Decree shall apply to submission, validation, approval and publishing of direct contracting result.

Article 72. Contract negotiation, conclusion and publishing of contract information

1. Contract negotiation and completion shall be carried out in accordance with Clause 1, 2, 3, 4, 5 Article 58 of this Decree.

2. Article 59 of this Decree shal apply to conctract conclusion and publishing of contract information.

3. The selected investor shall execute the project in accordance with Article 60 fo this Decree.

Section 3. SPECIAL INVESTOR SELECTION PROCESS

Article 73. Procedures for validating and approving the plan for special investor selection process

1. A competent person shall prepare the proposal for application of special investor selection process, submit it to the Prime Minister and the Ministry of Planning and Investment for validation.

2. Within 30 days form the receipt of adequate documents, the Ministry of Planning and Investment shall validate the plan and submit a report to the Prime Minister.

3. On the basis for the competent person’s proposal and the validation report submitted by the Ministry of Planning and Investment, the Prime Minister shall consider approving the plan for application of special investor selection process.

Article 74. Proposal for application of special investor selection process

1. The written request for for application of special investor selection process shall contain the following information:

a) Basic information about the project;

c) The plan for application of special investor selection process, including the steps of investor selections, solutions for the special issues and individuality of the project to ensure investment efficiency).

2. Relevant legal documents.

3. Other descripting documents (if any).

Chapter VI

VALIDATION CONTENTS, VALIDATION AND APPROVAL RESPONSIBILITIES IN INVESTOR SELECTION

2. Validating bidding documents and request for proposals:

- The procuring entity’s written request for approval for the bidding documents/request for proposals:

- The draft bidding documents/request for proposals;

- Photocopies of the decision to approve the investor selection plan;

- Relevant documents.

b) Validation contents:

- Inspection fo documents that are the basis for preparation of bidding documents/request for proposals;

- Inspection of the relevance of the bidding documents/request for proposals for the project scale, objectives, scope of work and duration; its conformity to bidding laws and relevant laws;

- Dissenting opinitions (if any) between the organizations and individuals participating in the preparation of the bidding documents/request for proposals;

- Other relevant contents.

c) The validation report shall contain:

- Overalls about the project and legal basis for preparation of the bidding documents/request for proposals;

- Opinions of the validating units on the legal basis, conformity with bidding laws and relevant laws; assenting and dissenting opinions about the draft bidding documents/request for proposals;

- Opinions of the validating units on approval for the bidding documents/request for proposals; what to do if the bidding documents/request for proposals is found to be unconformable with bidding laws and relevant laws; what to do if the bidding documents/request for proposals are not qualified for approval;

- Other opinions (if any).

d) Before signing the validation report, the validating unit need to hold a meeting between the parties to resolve the issues if necessary.

1. General principles:

b) In case of single-stage one-envelop process, only validate the investor selection result;

c) In case of single-stage two-envelop process, the list of technically qualified investors must be validated prior to approval;

d) The list of ranked investors shall not be validated prior to approval; the list will be approved at the request of the procuring entity;

dd) Before signing the validation report, the validating unit may hold a meeting between the parties to resolve the issues if necessary.

3. Validation of the list of technically qualified investors:

a) An application for validation includes:

- The procuring entity’s document regarding the result of technical proposal evaluation;

- The report on technical proposal evaluation result;

- Photocopies of the bidding documents, bid closing and bid opening records, technical proposals and other necessary documents.

b) Validation contents:

- Evaluation of technical proposals; conformity of bidding laws and relevant laws during the processs;

- Other relevant contents.

c) The validation report shall contain:

- Brief summary of the investor selection process from shortlisting (if any) to submission of the list of technically qualified investors;

- Remarks on conformity with regulations of bidding laws and relevant laws during the investor selection process;

- The validating unit’s opinions about the competiveness, fairness, transparency and efficiency of the investor selection process;

- Proposals and recommendations to the procuring entity and the expert team;

- Assenting or dissenting opinions about of the technical proposal evaluatoin result; recommendations for violations against bidding laws or unample basis for reaching a verdict;

- Other opinions.

4. Validation of investor selection result:

a) An application for validation includes:

- The procuring entity’s document regarding the investor selection result;

- The report on bid/proposal evaluation;

- Photocopies of the bidding documents/request for proposals, bid closing and bid opening records, bids/proposals and other necessary documents.

- The relevance and conformity of the bidding documents/request for proposals; conformity with bidding laws and relevant laws;

- Punctuality during the investor selection process;

- Conformity with regulations of law on submission of investor selection result.

c) The validation report shall contain:

- Overalls about the project and legal basis for the investor selection;

- Brief summary of the investor selection process from shortlisting (if any) to submission of the investor selection result;

- Remarks on conformity with regulations of bidding laws and relevant laws during the investor selection process;

- The validating unit’s opinions about the competiveness, fairness, transparency and efficiency of the investor selection process;

- Proposals and recommendations to the procuring entity and the expert team;

- Assenting or dissenting opinions about of the investor selection result; recommendations for violations against bidding laws or unample basis for reaching a verdict;

- Other opinions.

1. Approve lists of projects.

2. Approve investor selection plans and investor selection results.

3. Approve bidding documents, requests for proposals, lists of technically qualified investors, lists of ranked bidders (this task may be authorized to the head of a specialized agency affiliated ot the People’s Committee of the province, or to the President of the People’s Committee of a district).

4. Perform other tasks that are responsibilities of the competent persons specified in Article 73 of the Law on Bidding.

1. Peform the tasks that are responsibilities of the procuring entity as prescribed in Article 75 of the Law on Bidding.

2. Perform other investor selection tasks as authorized by their superiors.

Article 79. Responsibilities of validating units

1. The Ministry of Planning and Investment shall validate investor selection plans in special cases approved by the Prime Minister according to Article 26 of the Law on Bidding and other cases as requested by the Prime Minister.

3. The Department of Planning and Investment of a province shall validate:

a) Investor selection plans and investor selection results of the projects for which the the President of the People’s Committee of the province is the competent person;

Chapter VII

HANDLING OF PETITIONS AND VARIOUS SITUATIONS DURING INVESTOR SELECTION PROCESS

Article 80. Handling situations

1. In case the investor selection plan has to be revised, the revision procedures shall be completed before opening technical proposals (for competitive bidding) or the proposal (for direct contracting)

a) Extend the bid closing time for up to 30 more days; or

b) Decide bid cancellation and request the procuring entity to revise the bidding documents and reinitate the investor selection process.

a) Extend the time limit; or

b) Plan the reannouncement of the project information.

In case the project is executed within a economic zone, the chief of the economic zone management board shall choose one of the aforementioned options.

a) Inform and instruct the investor to submit the application for approval for the investment guidelines as prescribed by investment laws if the process ensures transparency, competitiveness and the project requires faster progress;

b) Extend the deadline so other potential investors have the opportunity to access information and submit their applications, thus increase competitiveness.The qualified investor is not required to re-submit the application.

After deadline extension, on the basis of preliminary of enegy and experience, carry on the procedures specified in Clause 3 Article 13 of this Decree.

6. In case of direct contracting, the investor may propose an earlier bid closing and bid opening time than that specified in the request for proposals. In this case, the procuring entity shall inform the competent person for approval.

7. In case the successful investor fails to satisfy the technical and financial criteria specified in Clause 2 Article 70 of the Law on Bidding by the time the contract is concluded, the next-ranked investor will be invited to negotiate the contract. In this case, the invited investor shall restore the effect of the bid and bid security (if expired or returned)

8. In case all investors are equally ranked after financial evaluation, the investor that has the highest technical score will be first-ranked.

12. In case an investor proposes the highest M3 but M1 < m1 for a land-using project, the procuring entity shall request the investor to clarify the pricing components and consider the following factors:

a) Economic factors relevant to application of new and advanced technology to construction, manufacture or service provision that give the bider the advantage of cost;

b) Applied economic solutions or special advantage of the investor that result in cost reduction.

Investors that fail to satisfy the aforementioned conditions will have their bids eliminated. The investor that receives assistance from any organization or individual that results in unfair competition will be eliminated.

a) Revise the bidding documents or request for proposals to ensure conformity with the written approval for investment guidelines (if any), bidding laws and relevant laws;

b) Notify all investors that have submitted their bids or proposals of the revisions; request them to suplement their bids or proposals according to the revisions or other contents of the bids or proposals if they are affected by the revisions (if necessary).

14. The procuring entity shall inform the competent person of other situations to ensure competiveness, fairness, transparency and efficiency are ensured.

Article 81. Conditions for settlement of petitions

1. The petition is made by an investor.

2. The petition form bears the signature of the person who signs the letter of bid or the investor’s legal representative, and a seal (if any).

3. The person responsible for handling petitions receives the petition form according to Clauses 3, 4, 5 Article 92 of the Law on Bidding.

4. The issue complained against has not been brought to court by the investor.

5. The petition settlement cost mentioned in Clause 6 Article 7 of this Decree shall be paid to the standing assistance team of the advisory board in case a petition against the investor selection result is handled by the competent person.

1. Chairperson of the advisory board:

The chairperson of the advisory board is the Director of Department of Planning and Investment. The advisory board shall counsel the settlement of petitions.

2. Members of the advisory board:

a) Members of the advisory board include personnel of the Department of Planning and Investment, representatives of competent authorities and relevant professional associations;

b) The chairperson of the advisory board may invite other individuals to participate as members of the advisory board depending on each project;

c) A advisory board member must not be the parent, parent-in-law, spouse, natural child, adopted child, son- or daughter-in-law, or sibling of the person who signs the petition form or any individual that directly participates in bid/proposal evaluation or any individual that directly validates the list of technically qualified investors, investor selection result, or the person who signs the approval for the investor selection result.

3. Operation of the advisory board:

a) The chairperson of the advisory board shall issue a decision to establish the advisory board within 05 working days from the day on which the investor’s petition form is received. The advisory board shall operate on a case-by-case basis;

b) The advisory board shall work on the principle of collectives, vote under the majority rule and report ot the competent person; each member has the right to express and is legally responsible for their opinions.

4. Standing assistance team of the advisory board:

a) The standing assistance team of the advisory board is a unit of Department of Planning and Investment that is assigned to manage investment activities; the standing assistance team members do not included the individuals that directly participate in the validation of the investor selection result of the same project.

b) The standing assistance team shall perform administrative tasks assigned by the chairperson of the advisory board; receive and manage the fees paid by the complaining bidder as per regulations in Clause 6 Article 7 of this Decree.

Article 83. Settlement of petitions against investor selection result

1. The time limit for handling a petition prescribed in Clause 3 and Clause 4 Article 92 of the Law on Bidding begins when the petition form is received by the administrative department of the person responsible for handling petitions.

2. The person responsible for handling petitions shall inform the investor in case the petition is rejected because the conditions specified in Article 81 of this Decree are not fully satisfied.

3. The investor may withdraw the petition during the process, provided there is a written decision on petition withdrawal

4. The written response to the petition shall contain a verdict regarding the issued complained against. If the investor’s petition is found to be true, solutions and time limit must be specified, in which case the assistance team shall request the jointly responsible organizations and individuals to pay the complaining investor an amount equal to the fee paid by the complaining investor to the advisory board. If the investor’s petition is found to be false, the written response shall contain explanation.

Chapter VIII

ACTIONS AGAINST VIOLATIONS OF LAW; INSPECTION, SUPERVISION OF BIDDING FOR INVESTOR SELECTION

Section 1. Actions against violations of law

Article 84. Penalties

1. Warnings and fines shall be imposed upon organizations and individuals that violate bidding laws in accordance with regulations of law on imposition of administrative penalties for violations against regulations on planning and investment

2. Organizations and individuals that violate Article 89 of the Law on Bidding will be banned from bidding.

3. Individuals that commit criminal offences against bidding laws shall face criminal prosecution.

4. Officials who violate bidding laws shall also be dealt with in accordance with regulations of law on officials.

Article 85. Ban from bidding

An organization or individual may be banned from bidding for a specific period of time:

1. Any of the violations specified in Clauses 1, 2, 3, 4, 5 Article 89 of the Law on Bidding will lead to a ban of 03 - 05 years.

2. Any of the violations specified in Points a, b, c, d, h Clause 6 Article 89 of the Law on Bidding will lead to a ban of 01 - 03 years.

3. Any of the violations specified in Clause 7 Article 89 of the Law on Bidding will lead to a ban of 06 – 12 months.

Article 86. Cancellation, suspension, rejection of investor selection result

1. Cancellation of bidding process is a measure taken by a competent person against violations of bidding laws and relevant laws by participants in the bidding process.

The competent person shall issue a decision on cancellation of bidding process in the cases specified in Article 17 of the Law on Bidding.

2. Suspension, rejection of investor selection result, invalidation of bidding-related decisions:

a) The bidding will be suspended and the investor selection result will be rejected if there is evidence that the violation committed by a participant in the bidding against bidding laws or relevant laws results in failure to achive the bidding objectives or falsifies the investor selection result.

b) Suspension will be imposed as soon as such a violation is committed and before the investor selection result is approved. Rejection of the investor selection result will be imposed during the period from the day on which the investor selection result is approved to the contract conclusion date;

c) The written decision on suspension or rejection of investor selection must specify the reasons, solutions and time limit for rectification;

d) Invalidation of a procuring entity’s decision will be decided by the competent person when the decision is found to be unconformable with bidding laws and relevant laws.

Article 87. Compensation for damage caused by violations against bidding laws

The organization or individual that violates bidding laws and causes damage shall pay compensation in accordance with regulations of law on damages and relevant laws.

Section 2. INSPECTION AND SUPERVISION

Article 88. Inspection of bidding process

1. Inspections include periodic inspections and unscheduled inspections that are carried out whenever there is a petition or when requested by the the Prime Minister, the President of the People’s Committee of the province, competent person of a bidding authority prescribed in Clause 2 of this Article, whether directly or by requesting a report.

4. Bidding inspection contents:

- Issuance of guidelines for investor selection; hierarchy of power in investor selection.

- Provision of training in bidding;

- Issuance of certificates of training in bidding;

- Preparation, approval, disclosure of list of projects (including preliminary required capacity and experience of investors); preliminary evaluation of investors’ capacity and experience;

- Development and approval of the investor selection plans, bidding documents, request for proposals and investor selection results;

- Contents of the concluded contract and conformity with the legal basis during the process of project conclusion and execution;

- Bidding-related reporting;

- Performance of bidding inspection and supervision tasks.

b) Unscheduled inspection: the chief inspector shall decide the inspection contents according to the request for inspection and the inspection decision.

5. An inspection report and verdict shall be made after the inspection ends. The inspecting authority shall monitor the rectification of weaknesses (if found) specified in the verdict. Propose actions against violations if found or transfer the case to an investigation authority for handling.

6. The verdict shall contain:

a) The performance of bidding tasks by the inspected unit;

b) The inspection contents;

c) Remarks;

d) Verdict;

dd) Recommendations;

Article 89. Supervision of bidding process

2. The competent person shall appoint an individual or unit licensed for bidding management to participate in supervision of the tasks specified in Clause 3 of this Article to ensure conformity with bidding laws.

a) Preparation, approval, disclosure of list of projects (including preliminary required capacity and experience of investors); preliminary evaluation of investors’ capacity and experience;

b) Preparation, validation and approval of bidding documents, request for proposals;

c) Evaluation of bids, proposals;

d) Validation of investor selection result;

dd) Negotiation, completion and conclusion of the contract.

4. Supervision method:

b) The procuring entity shall provide information about the process of investor selection to the supervising entity when receiving written request;

c) When a violation is found, the supervising entity shall send a written notice to the competent person, who will take necessary actions to ensure the efficiency of the investor selection process.

5. Responsibilities of the supervising entity:

a) Be honest and objective; do no harass the authorized person and procuring entity during the supervision process;

b) Request the authorized person and procuring entity to provide documents serving the supervision process;

c) Receive information from the investor, organizations and individuals relevant to the selection of investor in the project under supervision;

d) Protect confidentiality of information as per regulations;

dd) Perform other obligations prescribed by bidding laws and relevant laws.

Chapter IX

IMPLEMENTATION CLAUSES

Article 90. Transition clauses

2. In case a land-using project has a total estimated cost (excluding cost of compensation, assistance and relocation, land levy, land rent) from 120.000.000.000 VND to under 800.000.000.000 VND, applies international competitive bidding without prequalification, and is not bid for before the effective date of this Decree, the competent person shall consider applying international competitive bidding or domestic competitive bidding.

a) In case two or more investors are shortlisted, the project shall apply competitive bidding as prescribed in Clause 1 and Clause 2 Article 9 of Decree No. 30/2015/ND-CP. Subsequent procedures for investor selection shall be carried out in accordance with Chapters III, IV and V of Decree No. 30/2015/ND-CP. Bidding documents shall be issued to the shortlisted investors as prescribed in Clause 1 Article 30, Article 49 and Article 61 of Decree No. 30/2015/ND-CP.

b) In case only one investor is shortlisted, the project shall apply investor appointment as prescribed in Point a Clause 3 Article 9 of Decree No. 30/2015/ND-CP. Subsequent procedures for investor selection shall be carried out in accordance with Chapter VI of Decree No. 30/2015/ND-CP.

c) The contents of the bidding documents or request for proposals shall comply with regulations of Decree No. 30/2015/ND-CP, its guidng Circulars and relevant laws that are applciable when the bidding documents or request for proposals are approved.

d) The selected investor shall execute the project in accordance with the contract, regulations of law on investment, construction, land, planning and relevant laws.

4. Regulations of the Government’s Decree No. 30/2015/ND-CP and its guiding Circulars shall apply to bidding documents and requests for proposals issued before the effective date of this Decree.

Article 91. Guidance for implementation

1. The Ministry of Planning and Investment shall:

c) Take charge and cooperate with relevant authorities in developing the VNEPS and implementation road map; establish the mechanism for its management and operation; provide guidance on investor selection through the network;

d) Provide guidance on implementation of other contents of the Decree to facilitate state management of investor selection.

2. The Ministry of Finance shall provide guidance on management and use of funds relevant to investor selection.

3. Other Ministries, ministerial-level agencies, Governmental agencies and the People’s Committees of provinces shall:

a) Take charge and cooperate with the Ministry of Planning and Investment in proving model documents for selection of investors in PPP projects of Group C in their fields;

b) Provide guidance on implementation of certain contents of this Decree (if necessary), ensuring conformity with the Law on Bidding No. 43/2013/QH13 and this Decree;

c) Submit annual reports on investor selection to the Ministry of Planning and Investment, which will submit a consolidated report to the Prime Minister. For projects that apply direct contracting and special investor selection process, the report shall include the evaluation of the investor selection result according to the objectives, reasons, conditions, progress and execution plan.

4. Ministers, heads of ministerial-level agencies abd Governmental agencies, Presidents of the People’s Committees shall designate persons in charge of investor selection and assign one or some of their units to manage investor selection in their fields or their administrative divisions. The issues that are not regulated by this Decree shall be reported to the Prime Minister for consideration.

1. This Decree comes into force from April 20, 2020.

2. This Decree replaces the Government’s Decree No. 30/2015/ND-CP dated March 17, 2015 elaborating some Articles on investor selection of the Law on Bidding./.

Basis for promulgation of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021 elaborating the Law on Investment regarding PPP investments:“Pursuant to the Law on Government Organization dated June 19, 2015 and the Law dated November 22, 2019 on Amendments to the Law on Government Organization and the Law on Local Government Organization;Pursuant to the Law on Public - Private Partnership Investment dated June 18, 2020;At the request of the Minister of Planning and Investment;The Government promulgates a Decree on elaboration of some Articles of the Law on Public - Private Partnership Investment.”- Basis for promulgation of the Government’s Decree No. 31/2021/ND-CP dated March 26, 2021 elaborating some Articles of the Law on Investment:“Pursuant to the Law on Government Organization No. 76/2015/QH13 dated June 19, 2015 and the Law dated November 22, 2019 on Amendments to the Law on Government Organization and the Law on Local Government Organization;Pursuant to the Law on Investment No. 61/2020/QH14 dated June 17, 2020;Pursuant to the Law on Enterprises No. 59/2020/QH14 dated June 17, 2020;At the request of the Minister of Planning and Investment,The Government hereby promulgates a Decree to elaborate some articles of the Law on Investment.”

Anulled according to Clause 32 Article 89 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021 elaborating the Law on Investment regarding PPP investments, which comes into force from March 29, 2021.

Amended according to Clause 1 Article 108 of the Government’s Decree No. 31/2021/ND-CP dated March 26, 2021 elaborating some Articles of the Law on Investment, which comes into force from March 26, 2021.

Amended according to Clause 1 Article 89 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021 elaborating the Law on Investment regarding PPP investments, which comes into force from March 29, 2021.

Anulled according to Clause 32 Article 89 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021 elaborating the Law on Investment regarding PPP investments, which comes into force from March 29, 2021.

Anulled according to Clause 32 Article 89 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021 elaborating the Law on Investment regarding PPP investments, which comes into force from March 29, 2021.

Amended according to Point a Clause 2 Article 89 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021 elaborating the Law on Investment regarding PPP investments, which comes into force from March 29, 2021.

Amended according to Point b Clause 2 Article 89 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021 elaborating the Law on Investment regarding PPP investments, which comes into force from March 29, 2021.

Amended according to Clause 2 Article 108 of the Government’s Decree No. 31/2021/ND-CP dated March 26, 2021 elaborating some Articles of the Law on Investment, which comes into force from March 26, 2021.

Amended according to Point c Clause 2 Article 89 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021 elaborating the Law on Investment regarding PPP investments, which comes into force from March 29, 2021.

Amended according to Clause 3 Article 89 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021 elaborating the Law on Investment regarding PPP investments, which comes into force from March 29, 2021.

Amended according to Point a Clause 4 Article 89 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021 elaborating the Law on Investment regarding PPP investments, which comes into force from March 29, 2021.

Anulled according to Clause 32 Article 89 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021 elaborating the Law on Investment regarding PPP investments, which comes into force from March 29, 2021.

Amended according to Point b Clause 4 Article 89 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021 elaborating the Law on Investment regarding PPP investments, which comes into force from March 29, 2021.

Anulled according to Clause 32 Article 89 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021 elaborating the Law on Investment regarding PPP investments, which comes into force from March 29, 2021.

Amended according to Point a Clause 5 Article 89 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021 elaborating the Law on Investment regarding PPP investments, which comes into force from March 29, 2021.

Anulled according to Clause 32 Article 89 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021 elaborating the Law on Investment regarding PPP investments, which comes into force from March 29, 2021.

Amended according to Point b Clause 5 Article 89 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021 elaborating the Law on Investment regarding PPP investments, which comes into force from March 29, 2021.

Anulled according to Clause 32 Article 89 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021 elaborating the Law on Investment regarding PPP investment, which comes into force from March 29, 2021.

Anulled according to Clause 32 Article 89 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021 elaborating the Law on Investment regarding PPP investment, which comes into force from March 29, 2021.

Amended according to Clause 3 Article 108 of the Government’s Decree No. 31/2021/ND-CP dated March 26, 2021 elaborating some Articles of the Law on Investment, which comes into force from March 26, 2021.

Amended according to Clause 4 Article 108 of the Government’s Decree No. 31/2021/ND-CP dated March 26, 2021 elaborating some Articles of the Law on Investment, which comes into force from March 26, 2021.

Amended according to Clause 5 Article 108 of the Government’s Decree No. 31/2021/ND-CP dated March 26, 2021 elaborating some Articles of the Law on Investment, which comes into force from March 26, 2021.

Amended according to Clause 6 Article 108 of the Government’s Decree No. 31/2021/ND-CP dated March 26, 2021 elaborating some Articles of the Law on Investment, which comes into force from March 26, 2021.

Amended according to Point a Clause 7 Article 108 of the Government’s Decree No. 31/2021/ND-CP dated March 26, 2021 elaborating some Articles of the Law on Investment, which comes into force from March 26, 2021.

Amended according to Point b Clause 7 Article 108 of the Government’s Decree No. 31/2021/ND-CP dated March 26, 2021 elaborating some Articles of the Law on Investment, which comes into force from March 26, 2021.

Amended according to Clause 6 Article 89 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021 elaborating the Law on Investment regarding PPP investments, which comes into force from March 29, 2021.

Anulled according to Clause 32 Article 89 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021 elaborating the Law on Investment regarding PPP investment, which comes into force from March 29, 2021.

Anulled according to Clause 32 Article 89 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021 elaborating the Law on Investment regarding PPP investments, which comes into force from March 29, 2021.

Amended according to Clause 7 Article 89 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021 elaborating the Law on Investment regarding PPP investments, which comes into force from March 29, 2021.

Amended according to Point a Clause 8 Article 89 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021 elaborating the Law on Investment regarding PPP investments, which comes into force from March 29, 2021.

Anulled according to Clause 32 Article 89 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021 elaborating the Law on Investment regarding PPP investments, which comes into force from March 29, 2021.

Amended according to Point b Clause 8 Article 89 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021 elaborating the Law on Investment regarding PPP investments, which comes into force from March 29, 2021.

Anulled according to Clause 32 Article 89 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021 elaborating the Law on Investment regarding PPP investments, which comes into force from March 29, 2021.

Anulled according to Clause 32 Article 89 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021 elaborating the Law on Investment regarding PPP investment, which comes into force from March 29, 2021.

Amended according to Clause 9 Article 89 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021 elaborating the Law on Investment regarding PPP investments, which comes into force from March 29, 2021.

Amended according to Clause 3 Article 89 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021 elaborating the Law on Investment regarding PPP investments, which comes into force from March 29, 2021.

38 Amended according to Clause 11 Article 89 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021 elaborating the Law on Investment regarding PPP investments, which comes into force from March 29, 2021.

39 Amended according to Clause 11 Article 89 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021 elaborating the Law on Investment regarding PPP investments, which comes into force from March 29, 2021.

40 Amended according to Clause 11 Article 89 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021 elaborating the Law on Investment regarding PPP investments, which comes into force from March 29, 2021.

41 Amended according to Clause 11 Article 89 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021 elaborating the Law on Investment regarding PPP investments, which comes into force from March 29, 2021.

42 Amended according to Clause 11 Article 89 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021 elaborating the Law on Investment regarding PPP investments, which comes into force from March 29, 2021.

43 Amended according to Clause 12 Article 89 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021 elaborating the Law on Investment regarding PPP investments, which comes into force from March 29, 2021.

44 Amended according to Clause 13 Article 89 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021 elaborating the Law on Investment regarding PPP investments, which comes into force from March 29, 2021.

45 Amended according to Clause 14 Article 89 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021 elaborating the Law on Investment regarding PPP investments, which comes into force from March 29, 2021.

46 Amended according to Clause 15 Article 89 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021 elaborating the Law on Investment regarding PPP investments, which comes into force from March 29, 2021.

47 Amended according to Clause 16 Article 89 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021 elaborating the Law on Investment regarding PPP investments, which comes into force from March 29, 2021.

48 Amended according to Clause 17 Article 89 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021 elaborating the Law on Investment regarding PPP investments, which comes into force from March 29, 2021.

49 Amended according to Clause 8 Article 108 of the Government’s Decree No. 31/2021/ND-CP dated March 26, 2021 elaborating some Articles of the Law on Investment, which comes into force from March 26, 2021.

50 The phrase “the investor” is replaced with the phrase “the selected investor or the project management enterprise established by the selected investor to execute the project” according to Clause 9 Article 108 of the Government’s Decree No. 31/2021/ND-CP dated March 26, 2021 elaborating some Articles of the Law on Investment, which comes into force from March 26, 2021.

51 The phrase “the investor” is replaced with the phrase “the selected investor or the project management enterprise established by the selected investor to execute the project” according to Clause 9 Article 108 of the Government’s Decree No. 31/2021/ND-CP dated March 26, 2021 elaborating some Articles of the Law on Investment, which comes into force from March 26, 2021.

52 The phrase “the investor” is replaced with the phrase “the selected investor or the project management enterprise established by the selected investor to execute the project” according to Clause 9 Article 108 of the Government’s Decree No. 31/2021/ND-CP dated March 26, 2021 elaborating some Articles of the Law on Investment, which comes into force from March 26, 2021.

53 The phrase “the investor” is replaced with the phrase “the selected investor or the project management enterprise established by the selected investor to execute the project” according to Clause 9 Article 108 of the Government’s Decree No. 31/2021/ND-CP dated March 26, 2021 elaborating some Articles of the Law on Investment, which comes into force from March 26, 2021.

54 The phrase “the investor” is replaced with the phrase “the selected investor or the project management enterprise established by the selected investor to execute the project” according to Clause 9 Article 108 of the Government’s Decree No. 31/2021/ND-CP dated March 26, 2021 elaborating some Articles of the Law on Investment, which comes into force from March 26, 2021.

55 The phrase “the investor” is replaced with the phrase “the selected investor or the project management enterprise established by the selected investor to execute the project” according to Clause 9 Article 108 of the Government’s Decree No. 31/2021/ND-CP dated March 26, 2021 elaborating some Articles of the Law on Investment, which comes into force from March 26, 2021.

56 Annulled according to Clause 32 Article 89 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021 elaborating the Law on Investment regarding PPP investments, which comes into force from March 29, 2021.

57 Amended according to Point a Clause 18 Article 89 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021 elaborating the Law on Investment regarding PPP investments, which comes into force from March 29, 2021.

58 Amended according to Point b Clause 18 Article 89 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021 elaborating the Law on Investment regarding PPP investments, which comes into force from March 29, 2021.

59 Amended according to Clause 19 Article 89 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021 elaborating the Law on Investment regarding PPP investments, which comes into force from March 29, 2021.

60 Amended according to Point a Clause 20 Article 89 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021 elaborating the Law on Investment regarding PPP investments, which comes into force from March 29, 2021.

61 Annulled according to Clause 32 Article 89 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021 elaborating the Law on Investment regarding PPP investments, which comes into force from March 29, 2021.

62 Amended according to Point b Clause 20 Article 89 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021 elaborating the Law on Investment regarding PPP investments, which comes into force from March 29, 2021.

63 Amended according to Point a Clause 21 Article 89 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021 elaborating the Law on Investment regarding PPP investments, which comes into force from March 29, 2021.

64 Amended according to Point b Clause 21 Article 89 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021 elaborating the Law on Investment regarding PPP investments, which comes into force from March 29, 2021.

65 Annulled according to Clause 32 Article 89 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021 elaborating the Law on Investment regarding PPP investments, which comes into force from March 29, 2021.

66 Amended according to Point c Clause 21 Article 89 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021 elaborating the Law on Investment regarding PPP investments, which comes into force from March 29, 2021.

67 Amended according to Clause 22 Article 89 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021 elaborating the Law on Investment regarding PPP investments, which comes into force from March 29, 2021.

68 Amended according to Clause 23 Article 89 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021 elaborating the Law on Investment regarding PPP investments, which comes into force from March 29, 2021.

69 Annulled according to Clause 32 Article 89 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021 elaborating the Law on Investment regarding PPP investments, which comes into force from March 29, 2021.

70 Amended according to Point a Clause 24 Article 89 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021 elaborating the Law on Investment regarding PPP investments, which comes into force from March 29, 2021.

71 Amended according to Point b Clause 24 Article 89 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021 elaborating the Law on Investment regarding PPP investments, which comes into force from March 29, 2021.

72 Annulled according to Clause 32 Article 89 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021 elaborating the Law on Investment regarding PPP investments, which comes into force from March 29, 2021.

73 Annulled according to Clause 32 Article 89 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021 elaborating the Law on Investment regarding PPP investments, which comes into force from March 29, 2021.

74 Amended according to Point a Clause 25 Article 89 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021 elaborating the Law on Investment regarding PPP investments, which comes into force from March 29, 2021.

75 Amended according to Point b Clause 25 Article 89 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021 elaborating the Law on Investment regarding PPP investments, which comes into force from March 29, 2021.

76 Amended according to Point c Clause 25 Article 89 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021 elaborating the Law on Investment regarding PPP investments, which comes into force from March 29, 2021.

77 Annulled according to Clause 32 Article 89 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021 elaborating the Law on Investment regarding PPP investments, which comes into force from March 29, 2021.

78 Annulled according to Clause 32 Article 89 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021 elaborating the Law on Investment regarding PPP investments, which comes into force from March 29, 2021.

79 Annulled according to Clause 32 Article 89 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021 elaborating the Law on Investment regarding PPP investments, which comes into force from March 29, 2021.

80 Amended according to Point d Clause 25 Article 89 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021 elaborating the Law on Investment regarding PPP investments, which comes into force from March 29, 2021.

81 Amended according to Point dd Clause 25 Article 89 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021 elaborating the Law on Investment regarding PPP investments, which comes into force from March 29, 2021.

82 Amended according to Clause 26 Article 89 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021 elaborating the Law on Investment regarding PPP investments, which comes into force from March 29, 2021.

83 Amended according to Point a Clause 27 Article 89 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021 elaborating the Law on Investment regarding PPP investments, which comes into force from March 29, 2021.

84 Amended according to Point b Clause 27 Article 89 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021 elaborating the Law on Investment regarding PPP investments, which comes into force from March 29, 2021.

85 Amended according to Point c Clause 27 Article 89 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021 elaborating the Law on Investment regarding PPP investments, which comes into force from March 29, 2021.

86 Amended according to Point a Clause 28 Article 89 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021 elaborating the Law on Investment regarding PPP investments, which comes into force from March 29, 2021.

87 Amended according to Point b Clause 28 Article 89 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021 elaborating the Law on Investment regarding PPP investments, which comes into force from March 29, 2021.

88 Amended according to Point c Clause 28 Article 89 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021 elaborating the Law on Investment regarding PPP investments, which comes into force from March 29, 2021.

89 Annulled according to Clause 32 Article 89 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021 elaborating the Law on Investment regarding PPP investments, which comes into force from March 29, 2021.

90 Amended according to Point a Clause 29 Article 89 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021 elaborating the Law on Investment regarding PPP investments, which comes into force from March 29, 2021.

91 Amended according to Point b Clause 29 Article 89 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021 elaborating the Law on Investment regarding PPP investments, which comes into force from March 29, 2021.

92 Amended according to Point a Clause 30 Article 89 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021 elaborating the Law on Investment regarding PPP investments, which comes into force from March 29, 2021.

93 Amended according to Point b Clause 30 Article 89 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021 elaborating the Law on Investment regarding PPP investments, which comes into force from March 29, 2021.

94 Clause 1 and Clause 2 Article 92 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021 elaborating the Law on Investment regarding PPP investments, which comes into force from March 29, 2021:“Article 92. Effect1. This Decree comes into force from the day on which it is signed, except the regulations specified in Clause 2 of this Article.2. Regulations of Article 90 of this Decree come into force from October 01, 2019.” Clause 1 Article 131 of the Government’s Decree No. 31/2021/ND-CP dated March 26, 2021 elaborating some Articles of the Law on Investment, which comes into force from March 26, 2021:“Article 131. Effect1. This Decree comes into force from March 26, 2021.”

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