What are details of Decree 115/2024/ND-CP providing guidance on the Law on Bidding on the selection of investors for executing investment projects with land use in Vietnam?
What are details of Decree 115/2024/ND-CP providing guidance on the Law on Bidding on the selection of investors for executing investment projects with land use in Vietnam?
On September 16, 2024, the Government of Vietnam issued Decree 115/2024/ND-CP, which comes into force in Vietnam from September 16, 2024, detailing certain articles and measures to enforce the Bidding Law and the Land Law regarding the selection of investors for executing investment projects with land use in Vietnam, including:
[1] Details of certain articles of the Bidding Law on selecting investors for executing investment projects with land use:
- Clause 6, Article 6 on ensuring competition in the selection of investors- Clause 6, Article 10 on preferences in the selection of investors
- Clause 3, Article 15 on costs for selecting investors
- Clause 4, Article 35 on methods for selecting investors
- Clause 3, Article 46 on procedures for selecting investors
- Clause 5, Article 50 and Point c Clause 2, Article 84 on procedures, costs, and timelines for online bidding to select investors; national database on investor selection; cases of non-bidding investor selection on the National Bidding System
- Clause 5, Article 62 on methods and criteria for evaluating bidding documents
- Clause 2, Article 73 on the contents of contracts for investment projects using land
- Clause 4, Article 86 on inspection and supervision of bidding activities to select investors
- Clause 4, Article 88 on dealing with situations in the selection of investors
- Clause 2, Article 96 on transitional provisions
[2] Details of Point b, Clause 1, and Clause 9, Article 126 of the Land Law 2024 on selecting investors for executing investment projects with land use.
[3] Measures to enforce the Bidding Law on selecting investors for executing investment projects with land use include:
- Publishing information on investment projects using land for projects not subject to investment policy approval;
- Implementing investment projects using land.
[4] Conditions regarding the competence and experience of members of the expert group, appraisal group; connecting and sharing information between the National Bidding System and other information systems; handling violations in bidding activities according to the corresponding regulations in Articles 19, 96, and 125 of Decree 24/2024/ND-CP.
What are details of Decree 115/2024/ND-CP providing guidance on the Law on Bidding on the selection of investors for executing investment projects with land use in Vietnam? (Image from Internet)
What are the bases for approving the bidding documents for selecting investors for executing investment projects with land use in Vietnam?
Based on Article 13 of Decree 115/2024/ND-CP, the bases for approving the bidding documents in Vietnam are as follows:
Article 13. Bases for approving the bidding documents
1. Planning, plans, programs including:
a) Relevant planning and plans as prescribed by the law on planning, sector management law, and relevant laws in case of changes in relevant planning and plans from the time of investment policy approval or project information approval;
b) Detailed planning or sub-regional planning at a 1/2,000 scale approved by the competent authority. For investment projects using land with multiple functions, the project is determined based on the main construction of the project or the highest-level construction in cases of multiple main constructions as prescribed by the construction law.
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Thus, the bases for approving the bidding documents for selecting investors for executing investment projects with land use in Vietnam are:
[1] Planning, plans, programs including:
- Relevant planning, plans as prescribed by the law on planning, sector management law, and relevant laws in case of changes in relevant planning and plans from the time of investment policy approval or project information approval.
- Detailed planning or sub-regional planning at a 1/2,000 scale approved by the competent authority. For investment projects using land with multiple functions, the project is determined based on the main construction of the project or the highest-level construction in cases of multiple main constructions as prescribed by the construction law.
[2] The list of land areas for conducting bidding to implement investment projects using land as decided by the provincial People's Council.
The list of works and projects requiring land recovery approved by the competent authority.
The annual land use plan at the district level (for projects not subject to investment policy approval) according to the land law.
[3] The decision approving the investment policy for projects subject to investment policy approval according to the investment law or the document approving project information for projects not subject to investment policy approval.
[4] The progress monitoring table for activities selecting investors approved according to Clause 2, Article 12 of Decree 115/2024/ND-CP.
[5] Other documents as prescribed by sector management law and relevant laws (if any).
When will bidding information be provided and published on National Bidding System in Vietnam?
Based on Article 8 of the Law on Bidding 2023 stipulating the provision and publishing of bidding information in Vietnam:
Article 8. Provision and publishing of bidding information
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- The information specified in Points a, d, g, h, i, Clause 1 and Points a, d, dd, e, Clause 2, Article 7 of this Law must be posted on the National Bidding System no later than 05 working days from the date the document is issued or the contract becomes effective.
Thus, the investor selection result must be posted on the National Bidding System no later than 05 working days from the date the document is issued or the contract becomes effective.
