Bidding documents in Vietnam have been approved before October 1, 2022 but have not been released, how should the bid solicitor amend, supplement or adjust the dossier?
- Has there been a new circular guiding a number of contents on methods and criteria for evaluating bids for investor selection under the public-private partnership method?
- How will tender documents issued or approved before the effective date of Circular 09/2022/TT-BGTVT be handled?
- When is Circular 09/2022/TT-BGTVT effective?
Has there been a new circular guiding a number of contents on methods and criteria for evaluating bids for investor selection under the public-private partnership method?
Accordingly, on June 22, 2022, the Minister of Transport issued Circular 09/2022/TT-BGTVT guiding the content of methods and criteria for evaluating bids to select investors according to the method of investor selection. The form of public-private partnership and the form of a build-operate-transfer contract in the transport sector are as follows:
About the adjustment range:
- This Circular guides a number of contents on methods and criteria for evaluating bids for investor selection under the public-private partnership method and the form of a build-operate-transfer contract (below). referred to as BOT contract) in the transport sector.
About the subject of application
- This Circular applies to organizations and individuals participating in or related to investor selection activities in the form of public-private partnerships and signing BOT contracts in the transportation sector.
Regarding the application principle:
- In Appendices I, II, III, IV issued together with this Circular, contents in vertical print are mandatory, contents in italics are for guidance purposes and are concretized on the basis of depending on the size, nature and specific conditions (if any) of each field and of each project, but no standards or conditions are specified to limit the participation of investors or to create advantages for investors. one or more investors.
- Criteria for evaluation of bids must be disclosed in the bidding documents in Vietnam (hereinafter referred to as Bidding Documents). During the evaluation process of bids (hereinafter referred to as Bids) must comply with the evaluation criteria stated in the Bid, not change or add any content.
- The BOT contract signed between the contracting agency and the investor or project enterprise (hereinafter referred to as DNDA) is made according to the form of BOT contract specified in Appendix IV to this Circular. . During the process of negotiating and finalizing the contract, the parties may propose to amend and supplement the contract content to ensure that the basic content of the Bid does not change and is not contrary to the provisions of the bidding documents in Vietnam, the law on investment in the form of public-private partnership and relevant laws.
- For Build - Transfer - Operate (BTO) Contracts, Build - Own - Operate (BOO) Contracts, Build - Transfer - Lease (BLT) Contracts, Build - Lease - Transfer (BTL) and Mixed Contracts: During the implementation process, the Procuring Entity can refer to the appropriate contents of the BOT contract type specified in Appendix IV issued together with the contract. in accordance with this Circular to develop a sample type of contract in the bidding documents in Vietnam to ensure conformity with the type of contract, the specific characteristics of each field and project and relevant provisions of law
Bidding documents in Vietnam have been approved before October 1, 2022 but have not been released, how should the bid solicitor amend, supplement or adjust the dossier? (Pictures from the internet)
How will tender documents issued or approved before the effective date of Circular 09/2022/TT-BGTVT be handled?
According to Article 12 of Circular 09/2022/TT-BGTVT stipulating:
- For bidding documents in Vietnam which have been approved before the effective date of this Circular but have not yet been issued, the bid solicitor shall base on the provisions of this Circular to amend and supplement and submit it to the competent authority (after this is called the CQCTQ) to approve the adjustment.
- For bidding documents in Vietnam that have been issued before the effective date of this Circular but have not yet approved the results of investor selection, the Bid will continue to be evaluated on the basis of the issued the bidding documents in Vietnam.
- For projects that have approved investor selection results before the effective date of this Circular, the competent authority, the contract signing agency, the investor, and the DNDA shall negotiate and sign the contract. VND on the basis of the issued Bid and the Bid submitted by the investor.
- Projects that have signed contracts before the effective date of this Circular may continue to perform under the signed project contracts. In the course of implementation, in case there is an adjustment or supplement to the contract, the customs authority, the contracting agency and the investor, the project enterprise shall, on the basis of the provisions of this Circular, organize the negotiation and negotiation, sign contract appendix for implementation.
When is Circular 09/2022/TT-BGTVT effective?
According to Article 13 of Circular 09/2022/TT-BGTVT:
"Article 13. Implementation effect
1. This Circular takes effect from October 1, 2022.
2. In case the legal documents cited in this Circular are amended, supplemented or replaced, the provisions of the revised, supplemented or replaced legal documents shall apply. there."
Thus, Circular 09/2022/TT-BGTVT takes effect from October 1, 2022, promulgated by the Minister of Transport, guiding the content of methods and criteria for evaluating selected bids. investors in the form of public-private partnership and the form of a build-operate-transfer contract in the transportation industry, for those bidding documents in Vietnam approved before October 1, 2022 that have not been released yet. implementation, the bid solicitor must amend, supplement and submit to the competent authority (hereinafter referred to as the QCQC) for approval of the adjustment according to regulations.
LawNet
