Is the number of participating investors limited in international investor selection for PPP projects in Vietnam?
- Is the number of participating investors limited in international investor selection for PPP projects in Vietnam?
- What is the preparation for international investor selection in case of competitive bidding for PPP projects in Vietnam?
- What are the regulations on bid evaluation tasks for international investor selection for PPP projects in Vietnam?
Is the number of participating investors limited in international investor selection for PPP projects in Vietnam?
Pursuant to Article 31 of the Law on Public – Private Partnership Investment 2020 stipulates as follows:
Domestic or international investor selection
1. The selection of domestic investors shall be made in the forms prescribed in Articles 37, 38, 39 and 40 of this Law. Only investors established under Vietnamese law may participate in this selection process.
2. The selection of international investors shall be made in the forms prescribed in Articles 37, 38, 39 and 40 of this Law. Both investors established as per foreign law and those established as per Vietnamese law may participate in this selection process.
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The above regulations state that the selection of international investors for PPP projects is carried out through the forms prescribed from Article 37 to Article 40 of the Law on Investment according to the current public-private partnership method.
Reference to Article 37 of the Law on Public – Private Partnership Investment 2020 stipulates as follows:
Open bidding
1. Open bidding is an approach to selecting investors in which the number of participating investors is not limited.
2. Open bidding must be applied to all PPP projects, except the cases specified in Articles 38, 39 and 40 of this Law.
Accordingly, open bidding is an approach to selecting investors in which the number of participating investors is not limited.
From the above regulations, it can be concluded that public bidding for PPP projects is not limited to the number of international investors participating.
Is the number of participating investors limited in international investor selection for PPP projects in Vietnam?
What is the preparation for international investor selection in case of competitive bidding for PPP projects in Vietnam?
Pursuant to Article 36 of Decree 35/2021/ND-CP stipulates as follows:
Detail procedures for investor selection in case of competitive bidding and competitive negotiation
The detailed procedures for investor selection are specified in the diagrams in Section I, II and III Appendix V of this Decree. To be specific:
1. Shorlisting:
a) For projects that apply competitive bidding with prequalification prescribed in Point and Point b Clause 2 Article 34 of this Decree, the shortlist shall be made according to the prequalification result prescribed in Article 38, 39, 40, 41 and 42 of this Decree;
b) For projects that apply competitive negotiation prescribed in Clause 1 Article 38 of PPP Law, the shortlist shall be made according to the result of investors’ interest survey prescribed in Clause 4 Article 25 of this Decree;
b) For projects that apply competitive negotiation prescribed in Clause 2 and Clause 3 Article 38 of PPP Law, the shortlist shall be made according to Article 43, 44, 45 and 46 of this Decree. Competitive negotiation shall be carried out according to the shortlist as prescribed in Article 47 of this Decree, which is the basis for preparation of bidding documents.
2. Preparation for investor selection includes: preparing, validating, approving the bidding documents as prescribed in Article 49 and Article 50 of this Decree. For projects that apply competitive negotiation as prescribed in Clause 1 Article 38 of PPP Law, during the preparation of bidding documents, the procuring entity shall discuss with the shortlisted investors to complete the bidding documents as prescribed in Article 48 of this Decree.
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Accordingly, the preparation for selection of international investors for public bidding for PPP projects includes the following activities:
- Preparing, validating, approving the bidding documents according to the provisions of Article 49 of Decree 35/2021/ND-CP and Article 50 of Decree 35/2021/ND-CP.
- For projects that apply competitive negotiation as prescribed in Clause 1 Article 38 of Law on Public – Private Partnership Investment 2020, during the preparation of bidding documents, the procuring entity shall discuss with the shortlisted investors to complete the bidding documents as prescribed in Article 48 of Decree 35/2021/ND-CP.
What are the regulations on bid evaluation tasks for international investor selection for PPP projects in Vietnam?
In Clause 4, Article 36 of Decree 35/2021/ND-CP stipulating that for projects applying open bidding for PPP projects, the bid evaluation tasks for foreign investors is carried out as follows:
- For projects that apply competitive bidding or competitive negotiation as prescribed in Clause 1 Article 38 of PPP Law: opening, evaluating technical proposals and financial - commercial proposals in accordance with Articles 53, 54, 55, 56, 57, 58 and 59 of Decree 35/2021/ND-CP;
- For projects that apply competitive negotiation prescribed in Clause 2 and Clause 3 Article 38 of PPP Law: opening bids and evaluating bids as prescribed in Article 60 and Article 61 of Decree 35/2021/ND-CP.
- Negotiation, completion, conclusion of the PPP project contract, disclosure of information about the PPP project contract as prescribed in Article 64 and Article 65 of Decree 35/2021/ND-CP
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