List of investment projects using land announced before November 01, 2020 without reannouncement in Vietnam

List of investment projects using land announced before November 01, 2020 without reannouncement in Vietnam (Illustration)

Article 14 of Circular 06/2020/TT-BKHDT stipulates The list of investment projects using land (including preliminary requirements on capacity and experience of the investor) announced from the date Decree 25/2020/ND-CP takes effect (April 20, 2020) to before November 1, 2020, if consistent with the Law on Bidding and Decree 25/2020/ND-CP, does not need to re-implement the procedure for announcing the project list in Vietnam.

For pre-qualification invitation documents, tender invitation documents, and request documents issued from the date Decree 25/2020/ND-CP takes effect to before November 1, 2020, if consistent with the Law on Bidding and Decree 25/2020/ND-CP, there is no need to adjust and reissue according to the provisions of the Circular. The bid solicitor is responsible for evaluating the pre-qualification application, bid dossier, and proposal dossier, and awarding the contract based on the content of the pre-qualification invitation documents, tender invitation documents, and requests documents that have been issued, including content on requirements for state budget contributions (m3).

In particular, in cases where pre-qualification invitation documents are issued before the effective date of Decree 25/2020/ND-CP, as stipulated in Clause 3, Article 90 of Decree 25/2020/ND-CP, the selection of investors is conducted as follows:

- If there are two or more investors passing the pre-qualification, the project will apply the form of open bidding according to the provisions in Clause 1, Clause 2, Article 9 of Decree 30/2015/ND-CP. The subsequent procedures for selecting the investor are carried out according to the provisions in Chapters III, IV, and V of Decree 30/2015/ND-CP. Tender invitation documents are issued to the investors on the shortlist according to the provisions in Clause 1, Article 30, Article 49, and Article 61 of Decree 30/2015/ND-CP.

- If there is one investor passing the pre-qualification, the project will apply the form of direct appointment according to the provisions in Point a, Clause 3, Article 9 of Decree 30/2015/ND-CP. The subsequent procedure for selecting the investor is carried out according to the provisions in Chapter VI of Decree 30/2015/ND-CP.

- The content of the tender invitation documents and request documents is developed based on compliance with the provisions of Decree 30/2015/ND-CP, guiding Circulars, and relevant laws effective at the time of approval of the tender invitation documents and request documents.

- The winning investor implements the project according to the contract, the laws on investment, construction, land, planning, and other related laws in Vietnam.

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

Le Vy

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