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: