03 principles for applying and modifying request for proposal for PPP projects in Vietnam

03 principles for applying and modifying request for proposal for PPP projects in Vietnam (Illustration)

Article 5 Circular 06/2020/TT-BKHDT stipulates the principles for applying and modifying the invitation for prequalification, the invitation to bid and the request for proposal for PPP projects in Vietnam as follows:

First, in Appendices I, II, III, and IV issued together with Circular 06/2020/TT-BKHDT, italicized text indicates content that is of a guiding and illustrative nature and will be concretized based on the scale, nature, field, and specific, unique conditions (if any) of each project.

Second, modification of the templates as stipulated in Clauses 3, 4, 5 of Article 3 and Clause 3 of Article 4 of this Circular must ensure compliance with the Law on Bidding, Decree 63/2018/ND-CP dated May 4, 2018, of the Government of Vietnam on investment in the form of public-private partnership, Decree 25/2020/ND-CP and other relevant laws concerning project implementation.

Third, in addition to the evaluation criteria for the capacity and experience of investors as stipulated in Appendices I, II, III, and IV issued with this Circular, the competent authority, Department of Planning and Investment, and the tenderer may add other appropriate evaluation criteria based on the following principles:

- Conformity with the scale, nature, field, and specific, unique conditions (if any) of each project;

- Compliance with the law; not restricting the participation of investors or creating an advantage for one or several investors leading to unfair competition;

- In case additional evaluation criteria for capacity and experience are added, the proposal for approval of the prequalification documents, preliminary requirements for capacity and experience, bidding documents, and proposal documents must include a detailed explanation of the additional contents and reasons for the proposal for consideration and decision by the competent authority in Vietnam.

Details can be found at Circular 06/2020/TT-BKHDT, which comes into effect in Vietnam from November 1, 2020.

Le Vy

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