Issuance of templates for selecting investors to implement projects in cases where bidding must be organized in Vietnam

Issuance of templates for selecting investors to implement projects in cases where bidding must be organized in Vietnam

On March 6, 2024, the Minister of Planning and Investment issued Circular 03/2024/TT-BKHDT, which regulates the templates for bidding documents to select investors for projects that require bidding according to the regulations of sector and field management laws.

There are three templates for selecting investors to implement projects that fall under the category of bidding requirements, including:

(1) Template for Invitation for EOIs, EOI request.

(2) Template for Single-stage one-envelope procedure.

(3) Template for Single-stage two-envelope procedure.

Issuance of templates for selecting investors to implement projects in cases where bidding must be organized in Vietnam - image from internet

What information is included in the investor selection in Vietnam?

Pursuant to Clause 2 Article 7 of the Law on Bidding in 2023, information on investor selection includes:

- Information on the investment project as prescribed in Clause 2 Article 47 of this Law;

- Invitation for EOIs, EOI request; EOI selection results;

- Invitation for bid, bidding documents and any addenda or responses to requests for clarification thereof;

- Investor selection results;

- Main contents of the contract;

- Actions against violations of the bidding law;

- Other relevant information.

Who are eligible for incentives in investor selection in Vietnam?

Pursuant to Clause 4 Article 10 of the Law on Bidding in 2023 stipulating investors eligible for incentives in investor selection in Vietnam:

Incentives in contractor and investor selection

...

4. Investors eligible for incentives in investor selection:

a) Investors that apply technological solutions for reducing environmental pollution to their projects which pose high risk of adverse environmental impacts as prescribed by the Law on environmental protection;

b) Investors that commit to make transfer of technologies included in the List of priority high technologies as prescribed by the Law on high technologies or the List of technologies of which the transfer is encouraged as prescribed by the Law on technology transfer.

5. Incentives in investor selection:

a) In case where investors are equally evaluated, the investor eligible for incentives shall be ranked higher than those ineligible for incentives;

b) Extra points shall be given to eligible investors during evaluation and ranking of their bids.

As regulations above, following investors are eligible for incentives in investor selection:

- Investors that apply technological solutions for reducing environmental pollution to their projects which pose high risk of adverse environmental impacts;

- Investors that commit to make transfer of technologies included in the List of priority high technologies as prescribed by the Law on high technologies or the List of technologies of which the transfer is encouraged as prescribed by the Law on technology transfer.

What are investor selection procedures in Vietnam?

Pursuant to Article 35 of the Law on Bidding in 2023 stipulating investor selection procedures in Vietnam:

Investor selection procedures

1. Single-stage one-envelope procedure:

a) Single-stage one-envelope procedure shall be adopted in the case of competitive bidding or limited bidding;

b) An investor shall submit their bid, including both the technical proposal and the financial proposal contained in one envelope, in accordance with the requirements laid down in the bidding documents;

c) All bids shall be opened at the same bid opening.

2. Single-stage two-envelope procedure:

a) Single-stage two-envelope procedure shall be adopted in the case of competitive bidding for investment projects involving valuable architectural structures as prescribed by the Law on architecture;

b) An investor shall simultaneously submit the technical proposal and the financial proposal in two separate envelopes in accordance with the requirements laid down in the bidding documents;

c) There are two bid opening sessions to be conducted. Technical proposals shall be opened immediately after the deadline for submission of bids. Only financial proposals of investors whose technical proposals were considered responsive shall be opened for further evaluation.

3. Two-stage one-envelope procedure:

Two-stage one-envelope procedure shall be adopted in the case of competitive bidding for investment projects which have specific sectoral, regional or local socio-economic development requirements but of which specific technical, social, economic and environmental standards are not yet determined.

4. The Government shall elaborate this Article.

As regulations above, there are 03 investor selection procedures in Vietnam:

- Single-stage one-envelope procedure

- Single-stage two-envelope procedure

- Two-stage one-envelope procedure

Best regards!