Criteria for Assessing the Capability and Experience of Investors Registering to Implement Specialized Road Traffic Service Projects
How is the evaluation method for the capacity and experience of investors registered to implement road transport infrastructure projects regulated?
Based on the provisions in Section 1, Chapter 2 issued with Circular 1/2023/TT-BGTVT, the method for evaluating the capacity and experience of investors registered to implement road transport infrastructure projects is regulated as follows:
Depending on the scale and nature of the project, one of the following methods for evaluating the capacity and experience of the investor can be applied:
- Scoring method.- Pass-fail criteria method.- A combination of scoring and pass-fail criteria methods.
In the case of using the scoring method, the minimum score required to meet the requirements must be at least 80% of the total capacity and experience points, and the score for each basic requirement must be at least 70% of the maximum score for that requirement.
What are the evaluation criteria for the capacity and experience of investors registered to implement road transport infrastructure projects?
What are the evaluation criteria for the capacity and experience of investors registered to implement road transport infrastructure projects?
Based on the provisions in Section 2, Chapter 2 issued with Circular 1/2023/TT-BGTVT, the evaluation criteria for the capacity and experience of investors registered to implement road transport infrastructure projects are regulated as follows:
| No. | Evaluation Criteria | Requirement || --- | --- | --- || I | Financial capacity of the investor | || 1 | Minimum equity capital of the investor arranged for the project | Minimum equity capital the investor must arrange (2): ______ [state the minimum required equity capital that the investor must arrange in numbers and words. The minimum equity capital that the investor must arrange should range from 30%-50% of the total project implementation cost depending on the nature and scale of the project under review. The total project implementation cost is determined by the total value of m1 and m2].
In the case of a consortium, the equity capital of the consortium investor is the total equity capital of the consortium members. Each consortium member must meet the requirements corresponding to the equity ownership as per the consortium agreement; if any member is assessed as not meeting the requirements, the consortium investor is deemed not to meet the equity capital requirements.
The lead investor in the consortium must have a minimum equity ownership of 30%, and each consortium member must have a minimum equity ownership of 15% in the consortium. || 2 | Ability to arrange loan capital | Minimum loan capital the investor can arrange: _____[state the minimum required loan capital that the investor must arrange in numbers and words. The minimum loan capital that the investor must arrange should range from 50%-70% of the total project implementation cost depending on the nature and scale of the project under review. The total project implementation cost is determined by the total value of m1 and m2].
In the case of a consortium, this criterion is assessed based on the total loan capital value the consortium members can arrange. || II | Experience in business and operation of road transport services of the investor | The investor or consortium member has engaged in or operated specialized road transport services related to the project under review and meets one of the following conditions:
- Has been granted a Business License for services (if applicable) relevant to the investment content issued by a competent authority on at least ______ national and expressway routes [state the number of national and expressway routes depending on the scale and nature of the project under review].
- Has operated specialized road transport services related to the project under review for at least ____ years [state the number of years operating specialized road transport services depending on the scale and nature of the project under review].
(This criterion is set depending on the scale and nature of the project to require one of the two conditions.) || III | Capital conditions for foreign investors providing road transport services
Compliance with legal provisions on investment, construction, and other related regulations and international treaties to which Vietnam is a member. | |
Note:
(1) Depending on the scale, nature, and sector of the project, other financial indicators such as net asset value, revenue, profit, etc., can be adjusted or supplemented.
In the case where the investor is a newly established organization within the year, the financial capacity of the investor is assessed based on the financial report audited by an independent audit unit from the establishment date to before the deadline for submitting the project registration application, with a maximum period of 28 days.
(2) The investor's equity capital is determined based on the investor's financial data updated within a maximum of 28 days before the deadline for submitting the project registration application and the commitment to mobilize the investor's equity capital. The investor must declare information and provide documents on financial capacity according to Form No. 02 in Chapter III.
Remaining equity capital of the investor = Total equity capital - Litigation-related costs - Committed equity capital for ongoing projects and other long-term investments (if any) - Equity capital required to be retained as per regulations (Equity capital reserved for allocation or as per legal requirements for the Investor; Equity capital required to be retained for special contingency cases; Other equity capital committed to be refunded and not used for dividend declaration, etc.).
What is the preliminary requirement form for the capacity and experience of investors registered to implement road transport infrastructure projects?
Based on the provisions in Section 2, Appendix 2 issued with Circular 1/2023/TT-BGTVT, the preliminary requirement form for the capacity and experience of investors registered to implement road transport infrastructure projects is as follows:
Download the preliminary requirement form for the capacity and experience of investors registered to implement road transport infrastructure projects: Here
LawNet