How is the advisory council in investor selection regulated?

Article 82 of Decree 25/2020/ND-CP (effective April 20, 2020) stipulates the following provisions regarding the Advisory Council:

- Chairman of the Advisory Council:

+ The Chairman of the Central Advisory Council is an authorized representative from the Ministry of Planning and Investment. The Central Advisory Council is responsible for advising on the resolution of petitions related to nationally significant projects decided by the National Assembly, Group A investment projects, or equivalent;

+ The Chairman of the Ministerial Advisory Council (hereinafter referred to as the Ministerial Level Advisory Council) is the head of the unit assigned to manage bidding activities within these agencies. The Chairman of the Local Advisory Council is the Director of the Department of Planning and Investment. The Ministerial and Local Level Advisory Councils are responsible for advising on the resolution of petitions related to projects decided by the ministries, ministerial-level agencies, agencies under the Government of Vietnam, and local authorities concerning PPP projects or the approval of feasibility study reports (for Group C PPP projects), except for the projects specified in point (a) of this section.

- Members of the Advisory Council:

+ Members of the Central Advisory Council include individuals from the unit assigned to manage bidding activities within the Ministry of Planning and Investment, representatives from relevant state authorities, and representatives from related associations and professions. Members of the Ministerial Level Advisory Council include individuals from the unit assigned to manage bidding activities within these agencies, representatives from relevant state authorities, and representatives from related associations and professions. Members of the Local Advisory Council include individuals from the Department of Planning and Investment, representatives from relevant state authorities, and representatives from related associations and professions.

+ Depending on the nature of each project and if necessary, the Chairman of the Advisory Council may invite additional individuals to participate as members of the Advisory Council.

+ Members of the Advisory Council must not be the relatives (biological parents, parents-in-law, spouse, children, adopted children, daughters-in-law, sons-in-law, and siblings) of the petitioner, individuals directly participating in the evaluation of bidding documents, proposal documents, individuals directly assessing the list of investors meeting technical requirements, the result of investor selection, and the approver of the investor selection result.

- Operations of the Advisory Council:

+ The Chairman of the Advisory Council shall decide to establish the Council within a maximum period of 05 working days from the date of receipt of the petition from the investor. The Advisory Council operates on a case-by-case basis;

+ The Advisory Council works collectively, deciding by majority vote, with a report of the results sent to the competent authority for consideration and decision; each member has the right to reserve their opinion and is legally responsible for their opinion.

- Permanent Support Unit of the Advisory Council:

+ The Permanent Support Unit of the Central Advisory Council is the unit assigned to manage bidding activities of the Ministry of Planning and Investment. The Permanent Support Unit of the Ministerial Level Advisory Council is the unit assigned to manage bidding activities within these agencies. The Permanent Support Unit of the Local Advisory Council is the unit assigned to manage bidding activities of the Department of Planning and Investment. The Permanent Support Unit does not include individuals directly involved in the assessment of investor selection results for that project.

+ The Permanent Support Unit performs administrative tasks as stipulated by the Chairman of the Advisory Council; receives and manages the fees submitted by the investor who files the petition in accordance with Clause 6 Article 7 of this Decree.

Sincerely!