New regulations on the implementation of investment projects using land and online selection of investors by bidding method from 26/07/2024

On June 12, 2024, the Ministry of Planning and Investment issued Circular 10/2024/TT-BKHDT. Accordingly, the Circular has amended and abolished a number of provisions in Circular 09/2021/TT-BKHDT on the implementation of investment projects using land and Circular No. 10/2022/TT-BKHDT on the selection of investors on the National Procurement Network System

For regulations on the implementation of investment projects using land:

For projects falling under the Prime Minister’s competence to approve investment guidelines, the provincial-level People’s Committees shall be the bidding agencies; The Department of Planning and Investment shall assume the prime responsibility for, and coordinate with relevant agencies in, determining preliminary requirements on the capacity and experience of investors; For projects implemented in economic zones, the economic zone management boards shall determine and approve preliminary requirements on the capacity and experience of investors.

For projects under the competence to approve investment guidelines of provincial-level People’s Committees, the Department of Planning and Investment or the Economic Zone Management Board (for projects implemented in economic zones) shall be the bidding agency. The Department of Planning and Investment shall assume the prime responsibility for, and coordinate with relevant agencies in, determining preliminary requirements on the capacity and experience of investors. For projects implemented in economic zones, the economic zone management boards shall determine and approve preliminary requirements on the capacity and experience of investors.

In case only one investor meets the preliminary requirements on capacity and experience, that investor shall submit a dossier of application for investor approval as prescribed in Clause 3, Article 29 of the Law on Investment and Point a, Clause 2, Article 30 of Decree No. 31/2021/ND-CP without having to determine the floor price for remittance to the state budget as prescribed in Clause 2 Article 4 of this Circular. Thus, if there is only one eligible investor, the procedures will be carried out according to the Law on Investment (not the Law on Bidding).

For online submission of bids:

From July 26, 2024, the online bid submission processes will be as follows:

1. Investors enter information as required by E-KSQT, E-HSMST, E-YCSBNLKN on the System in webform format, attach files to form E-HSQT, E-HSDST, E-HSĐKTHDA and submit on the System;
2. In case of a joint venture, the head member of the joint venture or the member assigned in the joint venture agreement shall submit the E-HSQT, E-HSDST, E-HSĐKTHDA and at the same time attach the joint venture agreement to the System;

1. The system notifies investors of the status of E-HSQT, E-HSDST, E-HSĐKTHDA (successful or unsuccessful) via the email address that the investor has registered. The information recorded on the System as a basis for settling petitions and disputes (if any) includes: information about the sender, recipient, time of sending, status of sending, number of files attached to the System when investors submit E-HSQT, E-HSDST, E-HSĐKTHDA of investors;

1. Upon the expiration of the deadline for submission of E-HSQT, E-HSDST, E-HSĐKTHDA, the bid solicitor, the project preparation unit or the agency or unit in charge of receiving the PPP project proposal dossier, the Department of Planning and Investment, the Economic Zone Management Board for investment projects using land access to the System and conduct the E-HSQT assessment (in case the E-HSQT is made according to the provisions of Point b Clause 1, Article 4 of Circular 10/2022/TT-BKHDT), E-HSDKTHDA of the investors who have submitted.