What are regulations on the level of incentives when evaluating EOIs in investor selection according to Decree 23/2024/ND-CP in Vietnam?

What are regulations on the level of incentives when evaluating EOIs in investor selection according to Decree 23/2024/ND-CP in Vietnam?

Article 5 of Decree 23/2024/ND-CP stipulates the preferential incentives in investor selection as follows:

Preferential incentives in investor selection

1. Subjects entitled to incentives and the level of incentives:

a) Investors who apply advanced technology, high technology, environmentally friendly technology, and the best existing technology to minimize environmental pollution for projects in the group with a high risk of adverse environmental impacts as regulated by environmental protection laws are entitled to a 5% benefit when evaluating bidding documents.

b) Investors who commit to transfer technology listed in the priority investment and development technology list according to the laws on high technology or listed in the encouraged technology transfer list according to the laws on technology transfer are entitled to a 2% benefit when evaluating bidding documents.

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Therefore, the preferential incentives when evaluating EOIs in investor selection according to Decree 23/2024/ND-CP are as follows:

- 5% incentive for:

Investors who apply advanced technology, high technology, environmentally friendly technology, and the best existing technology to minimize environmental pollution for projects in the group with a high risk of adverse environmental impacts as regulated by environmental protection laws;

- 2% incentive for:

Investors who commit to transfer technology listed in the priority investment and development technology list according to the laws on high technology or listed in the encouraged technology transfer list according to the laws on technology transfer.

What are regulations on the level of incentives when evaluating EOIs in investor selection according to Decree 23/2024/ND-CP in Vietnam? (Image from the Internet)

What are the conditions for bid cancellation in investor selection in Vietnam?

According to Clause 2 of Article 17 of the 2023 Bidding Law, bidding in investor selection can be canceled in the following cases:

a) all bids are considered substantially nonresponsive to the bidding documents;

b) there are changes in the objectives, scale, location, investment capital or duration of investment project execution due to force majeure events resulting in changes in evaluation criteria specified in the issued bidding documents;

c) one or some contents of the bidding documents does not comply with regulations laid down in this Law or other relevant laws resulting in inaccurate investor selection result or to the extent that the selected investor fails to meet the requirements of the investment project;

d) the successful investor commits any of the prohibited acts in Article 16 of this Law; or

dd) another organization or individual that is not the successful investor commits any of the prohibited acts in Article 16 of this Law resulting in inaccurate investor selection result.

What are regulations on the investor selection procedures in Vietnam?

Article 35 of the 2023 Bidding Law stipulates three investor selection procedures, including:

(1) Single-stage one-envelope procedure:

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

- 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;

- All bids shall be opened at the same bid opening.

(2) Single-stage two-envelope procedure:

- 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;

- 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;

- 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.

Best Regards!