Vietnam: What is the method of assessing the capacity and experience of investors of specialized road transport service projects?
- What is the method of assessing the capacity and experience of investors of specialized road transport services projects in Vietnam?
- What is the financial and commercial assessment method of investors of specialized road transport services projects in Vietnam?
- What are the regulations on the method of assessing the validity of a dossier of proposal for approval of an investor of a specialized road transports service project in Vietnam?
What is the method of assessing the capacity and experience of investors of specialized road transport services projects in Vietnam?
Pursuant to the provisions of Section 2, Chapter 2, Part 1, Appendix 3 promulgated together with Circular 01/2023/TT-BGTVT stipulating the assessment method of capacity and experience as follows:
Based on the scale and nature of the project to use one of the assessment methods of capacity and experience of investors as follows:
- Scoring method.
- Method of using pass and fail criteria.
- A combination of scoring and using pass and fail criteria.
In case of using the scoring method, the minimum score to be assessed as meeting the requirements must not be less than 80% of the total score of competency and experience and the assessment score of each basic required content must not be less than 70% of the maximum score of that content.
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What is the financial and commercial assessment method of investors of specialized road transport services projects in Vietnam?
Pursuant to the provisions of Section 4, Chapter 2, Part 1, Appendix 3 promulgated together with Circular 01/2023/TT-BGTVT stipulating the assessment method of capacity and experience as follows:
The investor proposes that the total cost of project implementation (M1) is not lower than m1 (M1 ≥ m1), the value of compensation, support and resettlement (M2) is not lower than m2 (M2 ≥ m2) for the project that has not been cleared, M2 = m2 for the project that has been cleared, the highest value of unconditional contributions to the state budget in Vietnam in cash in addition to the obligations of investors to the state budget in Vietnam in accordance with current law (M3), ranked first and considered for winning bids. Where:
- M1 is the preliminary total cost of project implementation approved in the project list
- m2 is the preliminary cost of compensation, support and resettlement of the land area to be supported and resettled as prescribed in Article 16 of this Circular.
- m3 is the floor price paid to the state budget in Vietnam as prescribed in Article 17 of this Circular.
- M1 is the total cost of project implementation (excluding compensation, support, resettlement, land use levy, land rent) proposed by the investor in the EIA. The project implementation plan shall be developed by the investor on the basis of conformity with the project implementation requirements at the HSCT.
- M2 is the value of compensation, support and resettlement proposed by the investor in the EIA based on the content of m2 defined in the HSCC.
- M3 is the value of unconditional contribution to the state budget in Vietnam in cash proposed by the investor in the IPR in addition to the obligations of the investor to the state budget in accordance with current laws.
During the implementation of the project, the winning investor is responsible for complying with the proposed plan, ensuring that the requirements of the bidding dossier are met. Project implementation costs shall be determined on the basis of actual implementation but must ensure compliance with relevant legal regulations and meet project implementation requirements.
What are the regulations on the method of assessing the validity of a dossier of proposal for approval of an investor of a specialized road transports service project in Vietnam?
Pursuant to subsection 1.1 Section 1 Chapter 2 Part 1 Appendix 3 promulgated together with Circular 01/2023/TT-BGTVT stipulating the method of assessing the validity of the application for investor approval as follows:
Check the dossier of the investor agreement (hereinafter referred to as the Investment Agreement)
- Check the number of copies of the HSC.
- Inspect the components of the original AGM as prescribed in Section 6 of the investor's instruction
- Check the consistency of content between the original and the photocopy to serve the detailed evaluation process of the SRC.
Assessing the eligibility of the SRC
An investor's AGM is assessed as valid when it fully meets the following contents:
- There is an original copy of the HSC.
- There is a written proposal for investor approval signed and stamped by the investor's legal representative (if any) in accordance with the provisions of the dossier of request for investor approval. For a partnership investor, the application for investor approval must be signed and sealed by the legal representative of each general partner or of the head of the consortium as assigned responsibilities in the written partnership agreement (if any).
- The validity period of the AGM satisfies the requirements specified in Section 13 of the investor's instruction
- In case of a consortium, there is a codeshare agreement signed and sealed by the legal representative of each consortium member (if any) and in the consortium agreement, it must clearly state the responsibilities of the leading member of the consortium and the general and separate responsibilities of each consortium member according to Form No. 03, Chapter III - Form.
- The investor secures the eligibility as prescribed in Section 8 of the investor's instruction
- The state budget in Vietnam submission stated in the investor approval proposal must be specific, fixed in numbers and letters, not proposing different values for the same content or accompanied by conditions detrimental to competent agencies or tenderers.
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