AMENDMENTS TO SOME ARTICLES OF CIRCULAR NO. 09/2021/TT-BKHDT DATED NOVEMBER 16, 2021 OF THE MINISTER OF PLANNING AND INVESTMENT ON GUIDELINES FOR SELECTION OF INVESTORS FOR EXECUTING PUBLIC-PRIVATE PARTNERSHIP PROJECTS AND INVESTMENT PROJECTS INVOLVING LAND USE, CIRCULAR NO. 10/2022/TT-BKHDT DATED JUNE 15, 2022 OF THE MINISTER OF PLANNING AND INVESTMENT ON ELABORATION OF PROVISION AND PUBLISHING OF INFORMATION AND SELECTION OF INVESTORS ON VIETNAM NATIONAL E-PROCUREMENT SYSTEM

1. Clause 1 Article 6 shall be annulled and Article 6 shall be amended as follows:

“1. Preliminary capacity and experience requirements and announcement of list of investment projects involving land use with regard to projects of which investment guidelines have to be approved as prescribed in Point a Clause 1 Article 12 of the Decree No. 25/2020/ND-CP shall be determined and performed as follows:

a) With regard to projects of which investment guidelines are subject to the Prime Minister’s approval:

Provincial People's Committees shall take charge of organizing bidding in accordance with Clause 8 Article 32 of the Decree No. 31/2021/ND-CP. Based on the decision to give approval for investment guidelines of the project, the Provincial People's Committee shall assign the Provincial Department of Planning and Investment to play the leading role and cooperate with relevant authorities to set out preliminary capacity and experience requirements, and submit them to the Provincial People's Committee for approval before the list of projects is announced. With regard to a project located in an economic zone, the Provincial People's Committee shall assign the management board of that economic zone to set out and approve preliminary capacity and experience requirements before the list of projects is announced.

b) With regard to projects of which investment guidelines are subject to approval of Provincial People's Committees:

Provincial Departments of Planning and Investment or economic zone management boards (for projects located in economic zones) shall take charge of organizing bidding in accordance with Clause 6 Article 33 of the Decree No. 31/2021/ND-CP. Based on the decision to give approval for investment guidelines of the project, the Provincial Department of Planning and Investment shall play the leading role and cooperate with relevant authorities to set out preliminary capacity and experience requirements, and submit them to the Provincial People's Committee for approval before the list of projects is announced. With regard to a project located in an economic zone, the management board of that economic zone shall set out and approve preliminary capacity and experience requirements before the list of projects is announced.

2. Preliminary evaluation of capacity and experience of investors shall be carried out in accordance with Article 13 of the Decree No. 25/2020/ND-CP.

In case there is one investor meeting preliminary capacity and experience requirements, that investor shall submit application for investor approval in accordance with Clause 3 Article 29 of the Law on Investment and Point a Clause 2 Article 30 of the Decree No. 31/2021/ND-CP without determining the minimum payment to state budget as prescribed in Clause 2 Article 4 of this Circular.

3. The project enterprise established by the successful investor to execute the project as prescribed in Clause 5 Article 57 of the Decree No. 25/2020/ND-CP shall inherit rights and obligations to execute the investment project as committed by the successful investor in the bid, and be required to meet relevant requirements set out in laws on enterprise, investment, construction, land, residential housing and real estate business, and relevant laws (if any).”.

2. Clause 2 Article 8 shall be annulled.

3. Clause 3 Article 8 shall be amended as follows:

“3. List of investment projects involving land use shall be published on the national bidding system within 07 working days from the day on which the list is approved (regarding projects of which approval for investment guidelines is not compulsory in accordance with the Law on Investment) or from the day on which preliminary capacity and experience requirements are approved (regarding projects of which investment guidelines must be approved in accordance with the Law on investment).

1. The phrase “dự án phải tổ chức đấu thầu theo quy định của pháp luật chuyên ngành, pháp luật về xã hội hóa” (projects subject to the bidding process under specialized laws or legislation on private-sector involvement) in point a and point b Clause 1 Article 1 shall be annulled.

2. The phrases “hồ sơ đăng ký thực hiện dự án” (document on registration of implementation of investment project) and "yêu cầu sơ bộ năng lực kinh nghiệm” (preliminary capacity and experience requirements) in Article 10 and Article 20 shall be annulled.

3. The phrases “đơn vị được cấp có thẩm quyền giao nhiệm vụ đối với dự án phải tổ chức đấu thầu theo quy định của pháp luật chuyên ngành, pháp luật về xã hội hóa” (units assigned by the competent authorities to projects subject to the bidding process under specialized laws or legislation on private-sector involvement”; and “đơn vị được cấp có thẩm quyền giao nhiệm vụ đánh giá đối với dự án phải tổ chức đấu thầu theo quy định của pháp luật chuyên ngành, pháp luật về xã hội hóa” (unit assigned by the competent authority to evaluate project subject to the bidding process under specialized laws or legislation on private-sector involvement) in Article 20 and Article 27 shall be annulled.

4. Article 21 shall be amended as follows:

“Article 21. Clarification, revision, replacement and withdrawal of E-HSQT, E-HSDST, E- HSDKTHDA

1. Clarification of E-HSQT, E-HSDST, E-HSDKTHDA:

a) The investor shall:

- Clarify E-HSQT, E-HSDST, E-HSDKTHDA at the request of the procuring entity, the project-preparing unit or the presiding agency or unit that receives the proposal for PPP project, provincial Department of Planning and investment, economic zone management board (with regard to investment projects involving land use);

- Self-clarify and supplement proving documents on the investor’s legal status, capacity and experience if E-HSQT, E-HSDST or E-HSDKTHDA does not include information or the documents on the investor’s legal status, capacity and experience are available but they have not yet been submitted together with HSQT, E-HSDST or E-HSDKTHDA

b) The clarification of E-HSQT, E-HSDST (with regard to PPP projects), E-HSDKTHDA (with regard to investment projects involving land use) shall be conducted on the System. All requests for clarification and clarification documents of the investors shall be made on the System.

2. Revision, replacement and withdrawal of E-HSQT, E-HSDST, E- HSDKTHDA:

a) After submission of E-HSQT, E- HSDST, E-HSDKTHDA, the investor may revise, replace or withdraw E-HSQT, E-HSDST, E- HSDKTHDA.

b) After the deadline for submission of E-HSQT, E-HSDST, E-HSDKTHDA, the investor must not withdraw the submitted E-HSQT, E-HSDST, E-HSDKTHDA.".

5. Clause 3, Article 9; Point c Clause 1, Point c Clause 2 and Point c Clause 3 Article 10; Point b Clause 1 Article 20 shall be annulled.

1. This Circular comes into force as of July 26, 2024.

2. Any difficulties that arise during the implementation of this Circular should be reported to the Ministry of Planning and Investment for guidance./.