06 contents of the plan to select investors for transportation service project in Vietnam

06 contents of the plan to select investors for transportation service project in Vietnam (Internet image)

Regarding this issue, LawNet responded as follows:

On March 7, 2023, the Minister of Transport of Vietnam issued Circular 01/2023/TT-BGTVT guiding the formulation, approval, and publication of the project list; methods and criteria for evaluating bids and proposals in the selection of investors in specialized road traffic services.

1. Basis of planning for selection of investors for transportation service projects in Vietnam

According to Clause 1, Article 12 of Circular 01/2023/TT-BGTVT, the bases for making plans for selecting investors in transportation service works include:

- Decision on approval of investment policy (for projects subject to approval of investment policies in accordance with the law on investment) or Decision approving the list of projects (for projects not subject to approval of investment policies according to the provisions of the law on investment);

- Decision approving the application of the form of open bidding;

- Relevant documents (if any).

2. 06 contents of the plan to select investors for transportation service project in Vietnam

Article 13 of Circular 01/2023/TT-BGTVT stipulates the content of the plan for selecting investors in transportation service works as follows:

(1) Project name.

(2) Preliminary total cost of project implementation, including the cost of compensation, support, resettlement, land use fee, expected land rent (if any), or the cost of site clearance and land recovery for the project, has been paid by the State.

(3) Form and method of investor selection

- The form of investor selection is open bidding;

- Clearly define the method of investor selection as a one-envelope stage or a two-envelope stage as prescribed in Article 28 or Article 29 of the Law on Bidding 2013.

(4) The time to start the investor selection organization is counted from the date of issuance of the bid documents, dossiers of requirements.

(5) Type of contract.

(6) Contract performance time is the number of years or months from the effective date of the contract to the time when the parties fulfill their obligations as prescribed in the contract.

3. Application for approval of investor selection plan for transportation services in Vietnam

On the basis of the grounds specified in Section 1, the bid solicitor submits the bid to the road management agency for approval.

In which, the dossier submitted for approval of the plan to select investors in transportation service works includes:

- A written request for approval of the investor selection plan that briefly outlines the implementation process and contents of the plan as prescribed in Article 13 of Circular 01/2023/TT-BGTVT;

- A table to monitor the progress of activities in investor selection according to the form specified in Appendix I issued together with Circular 01/2023/TT-BGTVT;

- Attached documents include snapshots that form the basis for the investor selection plan specified in Section 1.

(Clause 2, Article 12 of Circular 01/2023/TT-BGTVT)

4. Regulations on acceptance of investors in transportation services in Vietnam

Article 11 of Circular 01/2023/TT-BGTVT stipulates the approval of investors in transportation services, the as follows:

- The road management agency shall organize the preparation and approval of a dossier of request for investor approval according to the form specified in Appendix III issued with this Circular; which includes determining the cost of compensation, support and resettlement for the project (m2), the floor price paid to the state budget (m3) according to the provisions of Articles 16 and 17 of Circular 01/2023/TT-BGTVT.

- Application of request for investor approval is issued to investors who meet the preliminary requirements on capacity and experience.

The investor prepares and submits a proposal for investor approval according to the contents of the application for investor approval.

- The road management agency shall evaluate the application for investor approval according to the evaluation criteria specified in the application for investor approval.

During the assessment process, the Road Administration Authority may invite the investor to clarify, amend, or supplement the necessary information contents of the application file for investor approval.

- Investors are approved when they fully satisfy the contents of the investor approval dossier.

- Based on the bid evaluation results of the bid solicitor, the road management agency shall approve the result of the investor meeting the provisions of Points b, c, d, dd, Clause 1, Article 33, of the Law on Investment 2020.

Circular 01/2023/TT-BGTVT takes effect from May 1, 2023.

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