Recently, the Ministry of Planning and Investment issued Circular 06/2020/TT-BKHDT guiding the implementation of Decree 25/2020/ND-CP dated February 28, 2020, of the Government of Vietnam detailing the implementation of certain provisions of the Law on Procurement regarding investor selection in Vietnam.
The procuring entity must post the invitation for bid for PPP projects on the System in Vietnam (Internet image)
Article 7 of Circular 06/2020/TT-BKHDT stipulates the responsibilities and timelines for posting information on capacity, experience, prequalification documents, and bid invitation documents on the System in Vietnam as follows:
- The Department of Planning and Investment shall publish the list of land-using investment projects and expressions of interest notices on the System within 07 working days from the date the list of projects is approved.
- The bid solicitor shall publish the prequalification invitation notice for PPP projects, the bid invitation notice for PPP projects that do not apply prequalification, and the bid invitation notice for land-using investment projects on the System according to the schedule for selecting investors.
When posting the above information, the following documents must be attached:
- Decision approving the list of land-using investment projects, including preliminary requirements on capacity and experience;
- Decision approving the prequalification documents for PPP projects;
- Decision approving the bid invitation documents for PPP projects that do not apply prequalification and land-using investment projects.
Note: The posting of other information during the investor selection process on the System is carried out in accordance with Circular 11/2019/TT-BKHDT dated December 16, 2019, by the Minister of Planning and Investment detailing the provision and posting of procurement information, the roadmap for applying online contractor selection, and the management and use of bid security and contract performance security values that are not refunded.
Furthermore, the issuance of preliminary requirements on capacity, experience, prequalification documents, and bid invitation documents on the System is specifically regulated as follows:
- The following documents are issued on the System simultaneously with the expression of interest notices, prequalification invitation notices, bid invitation notices:
- Preliminary requirements on capacity and experience for investors implementing land-using investment projects;
- Prequalification documents for PPP projects;
- Bid invitation documents for PPP projects that do not apply prequalification and land-using investment projects.
Investors download the file(s) from the System as a basis for preparing registration documents to implement land-using investment projects, prequalification applications for PPP projects, and bid packages.
- In the case where prequalification documents and bid invitation documents are sold according to the provisions of Clause 1, Article 7 of Decree 25/2020/ND-CP, the investor must pay the bid solicitor an amount equivalent to the selling price of the prequalification documents and bid invitation documents when submitting the prequalification application and bid packages.
- The bid invitation documents for PPP projects applying prequalification are issued directly to investors listed on the shortlist. The amendment and clarification of the bid invitation documents are carried out in accordance with Article 32 of Decree 25/2020/ND-CP.
For more details, see Circular 06/2020/TT-BKHDT, which comes into effect in Vietnam from November 1, 2020.
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