All of the projects subject to bidding for investor selection in Vietnam as prescribed in Decree 23/2024/ND-CP

All of the projects subject to bidding for investor selection in Vietnam as prescribed in Decree 23/2024/ND-CP (Internet image) 

Regarding this matter, LawNet would like to answer as follows: 

All of the projects subject to bidding for investor selection in Vietnam as prescribed in Decree 23/2024/ND-CP 

Projects subject to bidding for investor selection as prescribed in Decree 23/2024/ND-CP. include:

(1) Projects for international football betting business in accordance with law on the business of betting on horse racing, greyhound racing, and international football;

(2) Projects for construction of domestic solid waste treatment works in accordance with law on environmental protection;

(3) Dredging projects in seaport waters and inland waterways combined with product recovery in accordance with law on maritime traffic and inland waterways;

(4) Projects for specialized aviation works at airports and airfields in accordance with law on civil aviation, except for aviation operations centers of domestic airlines at airports, airfields;

(5) Projects for road traffic works in accordance with law on road traffic including mixed-function areas serving public and commercial purposes;

(6) Projects for renovation and re-construction of apartment buildings in accordance with housing law;

(7) Projects for construction of water supply source works, water supply systems in accordance with law on production, supply and consumption of clean water;

(8) Projects subject to bidding when there are at least 2 investors registering for implementation, including:  projects in the fields of education, vocational training, health, culture, and sports, environment in accordance with law on promotion of private sector involvement, except for projects specified in Points (2), (7); horse and greyhound racing projects, including business of betting on horse racing and greyhound racing according to legal regulations on business of betting on horse racing, greyhound racing and international football; projects for construction of social housing in accordance with housing law.

Note: Projects that are subject to bidding in accordance with special laws laid down above and use land must fully meet the following requirements:

- Fall under the case where the State appropriates the land in accordance with land law;

In case the land zone where the project is to be implemented has a land parcel managed by the State in accordance with land law, the State shall appropriate the entire project area (including land areas managed by the State within the project scope).

- Be not eligible for auction of land use rights in accordance with land law, not eligible for auction of public assets in accordance with law on management and use of public assets.

Projects not subject to investor selection in Vietnam under Decree 23/2024/ND-CP.

Projects not subject to investor selection in accordance with Decree 23/2024/ND-CP. include:

- Projects using land in the form of transfer, lease of land use rights, receipt of capital contribution in form of land use rights for production and business in accordance with land law;

- Be eligible for auction of land use rights in accordance with land law, law on management and use of public assets;

- Projects of which land is allocated or leased by the State not through auction of land use rights, not through bidding for investor selection in accordance with land law.

Legal basis: Clauses 4, 5 and 6, Article 1 of Decree 23/2024/ND-CP.

Ho Quoc Tuan

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