Vietnam: Forms of Pre-qualification Document, Bidding Documents on selection of investors carrying out projects using land

Specifically, Circular No. 16/2016/TT-BKHĐT of the Ministry of Planning and Investment of Vietnam provides guidelines for pre-qualification documents, bidding documents for projects using land under scope of regulation prescribed in Clause 3 Article 1 of the Law on Bidding 2013 of Vietnam and Point b, Clause 1 Article 1 of Decree No. 30/2015/ND-CP as follows:

- The Form of Pre-qualification Document for selection of investors carrying out projects using land (Form No. 01) shall be used as prescribed in Article 16 of Decree No. 30/2015/ND-CP of Vietnam’s Government.

- The Form of Bidding Documents for selection of investors carrying out projects using land (Form No. 02) shall be used for projects using land consisting of pre-qualification process.

Using Forms of Pre-qualification Document, Bidding Documents on selection of investors carrying out projects using land in compliance with the following rules:

- According to the scope, nature, and section of each project, each Competent Person, Procuring Entity may provide appropriate requirements in consideration of rules of competition, equity, transparency, and economic effectiveness during the process of preparation, evaluation, and approval for Pre-qualification Documents and Bidding Documents; compliance with law on bidding; setting conditions for the purposes of restricting Investors from participation or create advantages for one or multiple investors leading unfair competition.

- With regard to projects without pre-qualification process prescribed in Article 16 and Clause 2 Article 87 of Decree No. 30/2015/ND-CP, the Bidding Documents shall be made according to the Form No. 02 that is necessarily amended and added requirements for Investor's qualification prescribed in Form No. 01.

- With regard to projects using direct contracting form prescribed in Point a Clause 3 Article 9 of Decree No. 30/2015/ND-CP, the request for proposals shall be made according to the Form No. 02, not including contents related to qualification criteria of Investor and comparison and ranking of Investors satisfying requirements pertaining to finance and commerce provided that requirements for update of qualification shall be specified.

- With regard to projects using direct contracting form prescribed in Point b, c Clause 3 Article 9 of Decree No. 30/2015/ND-CP, the request for proposals shall be made according to the modified Form No. 02 with necessary amendments and addition of requirements for Investor's qualification prescribed in Form No. 01.

- In the above-mentioned Forms, italic words will be contents that are instructional, illustrated and specified based on the size, nature and aspects of each project.

View full text at Circular No. 16/2016/TT-BKHĐT of the Ministry of Planning and Investment of Vietnam, effective from February 06, 2017.

Thu Ba

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