Has the Decree 23/2024/ND-CP providing guidelines for the Bidding Law regarding the selection of investors to implement projects through bidding in Vietnam been issued yet?

Has the Decree 23/2024/ND-CP providing guidelines for the Bidding Law regarding the selection of investors to implement projects through bidding in Vietnam been issued yet?

On February 27, 2024, the Government issued Decree 23/2024/ND-CP providing guidelines for the Bidding Law regarding the selection of investors for projects that require bidding according to sector-specific regulations.

According to Decree 23/2024/ND-CP, detailed provisions of the Bidding Law regarding the selection of investors for projects that require bidding according to sector-specific regulations include:

- Clause 6 Article 6: Ensuring competition in the selection of investors.

- Clause 6 Article 10: Incentives in the selection of investors.

- Clause 3 Article 15: Costs of selecting investors.

- Clause 4 Article 35: Methods of selecting investors.

- Clause 3 Article 46: Procedures for selecting investors.

- Clause 5 Article 50, and Point c, Clause 2, Article 84: Procedures, processes, costs, and roadmap for selecting investors through online bidding systems; national databases on investor selection; cases where investor selection is not conducted on the national bidding network system.

- Clause 5 Article 62: Methods and criteria for evaluating bidding documents.
- 73, Clause 2: Content of investment and business project contracts.

- Clause 4 Article 86: Inspection and supervision of investor selection activities.

- Clause 4 Article 88: Handling situations in the selection of investors.

- Clause 2 Article 96: Provisions on referrals.

Measures for implementing the Bidding Law regarding the selection of investors include:

- Publicizing information on investment projects for business investment projects that do not require investment decision approval.

- Implementing and carrying out business investment projects.

Has the Decree 23/2024/ND-CP providing guidelines for the Bidding Law regarding the selection of investors to implement projects through bidding in Vietnam been issued yet? - image from internet

Which projects are under the cases that require the selection of investors through bidding in Vietnam?

Article 4 of the Decree 23/2024/ND-CP specifies the projects that require the selection of investors through bidding, including:

- International football betting projects according to the regulations on horse racing, dog racing, and international football betting business laws.

- Solid waste treatment facility construction projects according to environmental protection laws.

- Dredging projects in port waters, inland waterways combined with product recovery according to maritime and inland waterway transportation laws.

- Specialized aviation service projects at airports, excluding domestic airline operation centers at airports, according to civil aviation laws.

- Specialized transportation infrastructure projects according to road transportation laws, including mixed-use areas serving public and commercial purposes.

- Renovation and reconstruction projects for apartment buildings according to housing laws.

- Water supply infrastructure projects, water supply system construction projects according to laws on water production, supply, and consumption.

- Projects that require bidding when there are at least two interested investors who register for implementation, including:

+ Projects in the fields of education, vocational training, healthcare, culture, sports, and environment according to laws on socialization promotion, excluding solid waste treatment facility construction projects according to environmental protection laws and water supply infrastructure projects, water supply system construction projects according to laws on water production, supply, and consumption.

+ Horse racing and dog racing investment projects, including horse racing and dog racing betting activities according to laws on horse racing, dog racing, and international football betting business laws; social housing construction projects according to housing laws.

What are the procedures and processes for selecting investors for projects that apply the method of Single Stage - Two Envelope Bidding Procedure in Vietnam?

Under Clause 2 Article 8 of Decree 23/2024/ND-CP, the procedures and processes for selecting investors for projects that apply the method of Single Stage - Two Envelope Bidding Procedure in Vietnam are regulated as follows:

Step 1: Publicize the business investment project.

Step 2: Prepare the first-stage investor selection bidding.

Step 3: Organize the first-stage investor selection bidding.

Step 4: Prepare and organize the second-stage investor selection bidding.

Step 5: Evaluate the second-stage bidding documents.

Step 6: Submit, assess, approve, and publicly announce the investor selection results.

Step 7: Negotiate, finalize, and sign the contract.

Best regards!