VĂN BẢN QPPL

Circular No. 06/2020/TT-BKHDT dated September 18, 2020 guidance on the implementation of Government's Decree No. 25/2020/ND-CP elaborating on implementation of a number of articles of the Law on Bidding with regard to contractor selection

Số hiệu 06/2020/TT-BKHDT
Ngày ban hành 18/09/2020
Ngày có hiệu lực 05/11/2020
Người ký Nguyễn Chí Dũng
Cơ quan ban hành Các Bộ khác
Loại văn bản Thông tư
File đính kèm:

MINISTRY OF PLANNING AND INVESTMENT
--------

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------

No. 06/2020/TT-BKHDT

Hanoi, September 18, 2020

 

CIRCULAR

GUIDANCE ON IMPLEMENTATION OF GOVERNMENT’S DECREE NO. 25/2020/ND-CP DATED FEBRUARY 28, 2020, ELABORATING ON IMPLEMENTATION OF A NUMBER OF ARTICLES OF THE LAW ON BIDDING WITH REGARD TO INVESTOR SELECTION

Pursuant to the Law on Bidding No. 43/2013/QH13 dated November 26, 2013;

Pursuant to the Government's Decree No. 63/2018/ND-CP dated May 4, 2018 on investment made according to the Public-Private Partnership approach;

Pursuant to the Government's Decree No. 25/2020/ND-CP dated February 28, 2020, elaborating on a number of articles of the Law on Bidding with regard to investor selection;

Pursuant to the Government's Decree No. 86/2017/ND-CP dated July 25, 2017, defining the functions, tasks, powers and organizational structure of the Ministry of Planning and Investment;

Upon the request of the Director of the Bidding Administration,

The Minister of Planning and Investment hereby issues the Circular providing guidance on the implementation of the Government’s Decree No. 25/2020/ND-CP dated February 28, 2020, elaborating on the implementation of a number of articles of the Law on Bidding with regard to investor selection.

Article 1. Scope

This Circular guides the implementation of certain regulations on the Government’s Decree No. 25/2020/ND-CP dated February 28, 2020, elaborating on the implementation of a number of articles of the Law on Bidding with regard to the investor selection (hereinafter referred to as Decree No. 25/2020/ND-CP), including:

1. Preparation and formulation of the invitation for prequalification, the invitation to bid, the request for proposal for a Public-Private Investment project (hereinafter referred to as PPP project); preliminary qualification and experience requirements, the invitation to bid or the request for proposal for an investment project using land.  

2. Activities involved in the implementation of an investment project using land, including:

a) Identification of investment projects using land according to regulations laid down in clause 1 of Article 12 in the Decree No. 25/2020/ND-CP;

b) Preliminary evaluation of investor’s qualification and experience according to Article 13 of the Decree No. 25/2020/ND-CP;

c) Conduct of the appraisal of tasks or inclusions in the bidding process prescribed in Article 75, 76 and 79 of the Decree No. 25/2020/ND-CP;

d) Sequences and procedures for allocating and leasing out land to the successful bidder.

3. Disseminating information and selecting investors on the National Electronic Procurement System (hereinafter referred to as E-procurement System).

Article 2. Subjects of application

This Circular shall apply to entities, authorities and persons participating or involved in the selection of investors executing projects as per clause 1 of Article 1 in the Decree No. 25/2020/ND-CP.

Article 3. Preparation and formulation of the invitation for prequalification, the invitation to bid and the request for proposal for PPP projects

1. The invitation for prequalification shall be formulated using the Form/Sample given in the Appendix I hereto.

2. The invitation to bid shall be formulated using the Form/Sample given in the Appendix II hereto.

3. In case the prequalification prescribed in clause 3 of Article 18 and clause 2 of Article 80 in the Decree No. 25/2020/ND-CP is not required, the invitation to bid shall be prepared by modifying the Form/Sample specified in Appendix II hereto, including the additions of the requirement concerning the evaluation of investor's qualification and experience under the provisions set forth in Appendix I to this Circular and the regulation on the issuance, revision and clarification of the invitation to bid which are carried out on the E-procurement System.

4. In case the bidder appointment approach prescribed in point a of clause 3 of Article 9 in the Decree No. 25/2020/ND-CP is applied, the request for proposal shall be prepared by revising the Form/Sample specified in Appendix II hereto, excluding the regulation regarding the comparison and ranking of investors.

5. In case the bidder appointment approaches prescribed in point b and c of clause 3 of Article 9 in the Decree No. 25/2020/ND-CP are applied, the request for proposal shall be prepared by revising the Form/Sample specified in Appendix II hereto, including the addition of the evaluation of investor’s qualification and experience as prescribed in Appendix I hereto and excluding the regulation regarding the comparison and ranking of investors.

Article 4. Preparation and formulation of preliminary qualification and experience requirements, the invitation to bid or the request for proposal for investment projects using land 

1. The notice of invitation to submit expression of interest, and preliminary qualification and experience requirements, shall be prepared and formulated using the Form/Sample given in Appendix III hereto.

2. The invitation to bid shall be prepared using the Form/Sample given in Appendix IV hereto, including the price floor of payment to the state budget (m3) which is determined according to the regulations laid down in point k of clause 2 of Article 47 in the Decree No. 25/2020/ND-CP. During the preparation process, competent persons and bid solicitors shall, on their own, determine input parameters used for calculating m3 value, or follow the instructions given in Appendix V to this Circular; shall ensure fairness, transparency, objectivity, scientism, feasibility, none of disadvantages for the involved parties, effective use of land and avoidance of any loss of the state budget’s funds.

3. With respect to projects developed and executed according to the bidder appointment approach prescribed in clause 3 of Article 10 in the Decree No. 25/2020/ND-CP, the request for proposal shall be prepared by revising the Form/Sample specified in Appendix IV hereto, excluding the regulation regarding the comparison and ranking of investors. The determination of m3 value shall be subject to provisions laid down in Clause 2 of this Article.

Article 5. Principles of use and revision of forms/samples

1. The italic letters used in Appendices I, II, III and IV to this Circular represent instructive and illustrative information which is clarified based on the size, nature, field and specific or separate condition (if any) of each project.

2. Modification and revision of Forms/Samples prescribed in Clause 3, Clause 4 and Clause 5 of Article 3 and Clause 3 of Article 4 of this Circular must conform to the provisions laid down in the Bidding Law, the Government’s Decree No. 63/2018/ND-CP dated May 4, 2018 on investment made according to the Public-Private Partnership approach, the Decree No. 25/2020/ND-CP and other legislative provisions related to the implementation of projects.

3. In addition to the criteria for evaluation of investor's qualification and experience as prescribed in Appendices I, II, III and IV to this Circular, authorized persons, Departments of Planning and Investment, bid solicitors may supplement other suitable evaluation criteria on the basis of ensuring conformance to the following principles:

a) Corresponding to the scale, nature, sector and particular and separate characteristics (if any) of each project;

b) Avoiding any breach of the provisions of the law; avoiding causing any restriction on investor’s participation or providing any advantage for one or more investors, resulting in the unfair competition.

In case of supplementation of the criteria for evaluation of investor’s qualification and experience, the request for approval of the invitation for prequalification, preliminary qualification and experience requirements, the invitation to bid and the request for proposal must include the detailed explanatory notes on supplements and proposal reasons to seek approval from competent persons.

Article 6. Activities involved in the implementation of investment projects using land

1. a) Identification of investment projects using land according to regulations laid down in clause 1 of Article 12 in the Decree No. 25/2020/ND-CP

Investment projects using land for construction of commercial houses; commercial and service works; multi-functional works, multi-functional complexes intended for business purposes and fully meeting the conditions specified in Article 11 of Decree No. 25/2020/ND-CP (except for the projects falling into the cases specified in Article 26 of the Law on Bidding or Clause 3 of Article 10 in this Decree) shall be integrated into the portfolio of investment projects using land, including:

a) Commercial housing is determined under the provisions of clause 4 of Article 3 in the Law on Housing No. 65/2014/QH13 dated November 25, 2014;

b) Commercial or service works are determined under the provisions of point e of section 1.2 of Appendix I (Classification of construction works) to the Government’s Decree No. 46/2015/ND-CP dated May 12, 2015 on management of quality and maintenance of construction projects;

c) Multi-functional works and multi-functional complexes are multi-functional works belonging to the commercial and service works specified in Point b of this Clause, determined according to Clause 1 of Article 1 of Circular No. 07/2019/TT-BXD dated November 7, 2019 of the Minister of Construction, amending, supplementing and replacing a number of provisions in the Circular No. 03/2016/TT-BXD dated March 10, 2016 of the Minister of Construction, setting out the regulations on the grading of construction works and providing instructions applicable in the management of construction investment activities.

2. Preliminary evaluation of investor’s qualification and experience prescribed in Article 13 of the Decree No. 25/2020/ND-CP

a) The preliminary evaluation of investor's qualification and experience shall be based on preliminary qualification and experience requirements, project implementation registration documentation  and documents evidencing documentation on registration for execution of projects (if any).

b) Based on the evaluation results, Departments of Planning and Investment shall seek the decision from the Presidents of provincial People's Committees on the implementation of projects as prescribed in Clause 3 of Article 13 in the Decree No. 25/2020/ND-CP.

3. In case there is only one investor meeting preliminary qualification and experience requirements, based on the project implementation progress, investment attraction objectives and other specific conditions of each project, the Presidents of provincial People's Committees shall consider issuing decisions on the implementation of either of the following plans:

a) 1st plan: Notifying and guiding the investor to submit documents to apply for investment policy decisions in accordance with the law on investment and other relevant laws as prescribed at Point b of Clause 3 of Article 13 in the Decree No. 25/2020/ND-CP provided that these notification and instructional activities adhere to the principles of openness, transparency, competitiveness, and the project in question requires the accelerated progress;

b) 2nd plan: Extending the deadline or time limit for registration for execution of a project. The extended deadline/time limit shall be decided by the Presidents of provincial People's Committees, ensuring time adequate for other potential investors to have the chance to access information and submit project execution registration documentation to promote the competitiveness. Investors already meeting requirements shall not need to re-submit the documentation for registration for execution of the project.

After extension, in case there are more investors who meet preliminary qualification and experience requirements, the provisions of Point a of Clause 3 of Article 13 in the Decree No. 25/2020/ND-CP shall be applied. After extension, in case there are more investors who meet preliminary qualification and experience requirements, the provisions of Point a of Clause 3 of Article 13 in the Decree No. 25/2020/ND-CP shall be applied.

4. Conduct of the appraisal of tasks or inclusions in the bidding process prescribed in Article 75, 76 and 79 of the Decree No. 25/2020/ND-CP

a) Departments of Planning and Investment shall take charge of appraising the invitation to bid, the request for proposal, the list of investors meeting technical requirements, results of investor selection in case these objects of appraisal are approved by Presidents of provincial People's Committee.

b) Planning or financial divisions under the control of specialized agencies of provincial People’s Committees shall take charge of appraising the invitation to bid, the request for proposal, the list of investors meeting technical requirements, results of investor selection in case these objects of appraisal are approved by these specialized agencies under the mandate from the Presidents.

c) Planning or financial divisions under the control of district People’s Committees shall take charge of appraising the invitation to bid, the request for proposal, the list of investors meeting technical requirements, results of investor selection in case these objects of appraisal are approved by the Presidents of district People’s Committees under the mandate from the Presidents of provincial People's Committees.

5. For investment projects using land prescribed in the Government's Decree No. 30/2015/ND-CP dated March 17, 2015, detailing the implementation of a number of articles of the Law on Bidding regarding investor selection, from the effective date of Decree No. 25/2020/ND-CP (April 20, 2020), after completion of compensation payment, support and residential relocation in accordance with the land law, allocating and leasing land to investors shall conform to the provisions of Clause 2 of Article 60 in the Decree No. 25/2020/ND-CP.

Article 7. Dissemination of information and release of preliminary qualification and experience requirements, invitation for prequalification and invitation to bid on the E-procurement System

1. Disseminating information on the E-procurement System

a) Responsibilities and time limit for dissemination of information

- Departments of Planning and Investment shall post the portfolio of investment projects using land and the notice of invitation to submit the expression of interest on the E-procurement System within 07 working days from the date on which the project portfolio is approved.

- The bid solicitor shall post the notice of invitation for prequalification for PPP projects, the notice of invitation to bid for PPP projects not subject to prequalification requirements and the notice of invitation to bid for investment projects using land on the E-procurement System according to the schedule of investor selection.

b) When posting information specified in Point a of this Clause, the following documents must be enclosed:

- Decision to approve the portfolio of investment projects using land, comprising preliminary qualification and experience requirements;

- Decision to approve the invitation for prequalification;

- Decision to approve the invitation to bid for PPP projects not subject to prequalification requirements and investment projects using land.

c) The posting and dissemination of other information during the investor selection process on the E-procurement System shall conform to the provisions of Circular No. 11/2019/TT-BKHDT dated December 16, 2019 of the Minister of Planning and Investment, detailing the provision and posting of bidding information, roadmap for application of online investor selection and management and use of the non-refundable bid security or contract performance bond (hereinafter abbreviated as Circular No. 11/2019/TT-BKHDT).

2. Release of preliminary qualification and experience requirements, invitation for prequalification and invitation to bid on the E-procurement System

a) The documents mentioned hereunder shall be published on the E-procurement System together with the notice of invitation to submit the expression of interest, the notice of invitation for prequalification and the notice of invitation to bid:

- Preliminary qualification and experience requirements imposed on investors wishing to execute investment projects using land;

- Invitation for prequalification for PPP projects;

- Invitation to bid for PPP projects not subject to prequalification requirements and invitation to bid for investment projects using land.

Investors may download files containing documents on the E-procurement System as the basis for making applications for registration of implementation of investment projects using land, applications for prequalification for PPP projects and bid packages.

b) If the invitation for prequalification or bidding documents is sold under the provisions of Clause 1, Article 7 of Decree No. 25/2020 / ND-CP, the investor must pay the bid solicitor an amount of money at the selling price of the invitation for prequalification, the invitation to bid when submitting the application for prequalification, the bid packages.

c) Invitation to bid for PPP projects subject to prequalification requirements shall be released directly to shortlisted investors.  Any modification or clarification of the invitation to bid shall be subject to regulations laid down in Article 32 in the Decree No. 25/2020/ND-CP.

3. Checking information included in the notice of invitation to submit the expression of interest, the notice of invitation for prequalification and the notice of invitation to bid.

a) The Vietnam Public Procurement Review Journal shall be responsible for checking information included in the notice of invitation to submit the expression of interest, the notice of invitation for prequalification, the notice of invitation to bid posted by Departments of Planning and Investment, and bid solicitors.

b) In case of detecting invalid information, the Vietnam Public Procurement Review Journal shall notify Departments of Planning and Investment and bid solicitors within 02 working days after the information is posted on the E-procurement System. The notice can be sent through the E-procurement System, emails, mobile applications or other communication channels.

c) Within 03 working days after receipt of the notice as specified in Point b of this Clause, Departments of Planning and Investment and bid solicitors must edit information posted according to the notice of the Vietnam Public Procurement Review Journal.

d) After the deadline or time limit specified at Point c of this Clause, if invalid information has not been corrected, the E-procurement System shall disclose invalid information. The unit making the posting shall be legally responsible for the posting.

4. Posting or disseminating information on the Vietnam Public Procurement Review Journal

a) The notice of invitation to submit the expression of interest, the notice of invitation for prequalification, the notice of invitation to bid specified at Point a of Clause 1 of this Article may be extracted and posted on the Vietnam Public Procurement Review Journal during a publication interval within 2 working days from the date on which such information is posted on the E-procurement System and is valid.

b) Costs and expenses of posting or dissemination of information shall be subject to regulations laid down in clause 1 of Article 24 in the Circular No. 11/2019/TT-BKHDT.

Article 8. Revision and clarification of preliminary qualification and experience requirements, the invitation for prequalification and the invitation to bid uploaded on the E-procurement System

1. Revision or clarification of preliminary qualification and experience requirements imposed on investment projects using land

a) Revision of preliminary qualification and experience requirements

In case of revision of preliminary qualification and experience requirements, Departments of Planning and Investment must post on the E-procurement System revision decisions, enclosing objects of revision, at least 10 days before the deadline or time limit for submission of the application for registration for implementation of projects.

b) Clarification of preliminary qualification and experience requirements

- In case of needing to get clear about preliminary qualification and experience requirements, investors must sent written clarification requests to Department of Planning and Investment via the E-procurement System 05 working days before the deadline for submission of applications for registration for execution of projects for their processing and decision.  

- Departments of Planning and Investment must make clear at the request of the investor and post the clarification statements on the E-procurement System at least 02 working days before the deadline for submission of the application for project implementation. 

- Clarifications shall not be contrary to those that have already been approved. In case the clarification leads to the need for revision of preliminary qualification and experience requirements, the provisions of Point a of this Clause shall apply.

2. Revision and clarification of the invitation for prequalification or the invitation to bid

a) Revision of the invitation for prequalification or the invitation to bid

In case of revision of the invitation for prequalification or the invitation to bid, the bid solicitor must post revision decisions, enclosing information subject to revision, on the E-procurement System at least 10 days before the bid closing date with respect to the prequalification; 15 days with respect to the domestic bidding; 25 days with respect to the international bidding.

With respect to group-C PPP projects, bid solicitors must post revision decisions, enclosing information subject to revision of the invitation for prequalification or the invitation to bid, on the E-procurement System at least 3 days before the bid closing date.

b) Clarification of the invitation for prequalification or the invitation to bid

- In case it is necessary to clarify the invitation for prequalification or the invitation to bid, investors must send requests for clarification to bid solicitors in writing or through the E-procurement System at least 05 working days before the bid closing date (with respect to prequalification); 07 working days (with respect to the domestic bidding); 15 days (with respect to the international bidding) for their review and action.

- Bid solicitors shall conduct the clarification at the request of the investor and post written clarification reports on the E-procurement System at least 02 working days before the bid closing date. 

- Clarifications shall not be contrary to those that have already been approved. In case the clarification leads to the need for revision of the invitation for prequalification or the invitation to bid, the provisions of Point a of this Clause shall apply.

Article 9. Extension of the deadline for submission of registration for execution of investment projects using land and extension of the bid closing date

In case of extension of the deadline for submission of the application for registration of implementation of investment projects using land, or extension of the bid closing date on the E-procurement System, Departments of Planning and Investment and bid solicitors shall post the notice of extension, enclosing the extension decision on the E-procurement System, specifying the following information:

1. Extension reasons;

2. Deadline for submission of application for registration for execution of investment projects and the new bid closing date;

3. Names of investors meeting preliminary qualification and experience requirements, or passing the prequalification in case of the extension prescribed in Point b of Clause 3 of Article 6 in this Circular or Clause 3 and Clause 4 of Article 23 in the Decree No. 25/2020/ND-CP.

Article 10. Submission and clarification of applications for registration for execution of investment projects using land on the E-procurement System

1. Investors shall submit applications for registration for execution of investment projects using land on the E-procurement System. By the end of the deadline for submission of the application for registration for project implementation, Departments of Planning and Investment shall conduct the evaluation of applications for registration for execution of projects that investors have already submitted.

2. The clarification of the application for registration for project implementation (if any) shall be carried out by Departments of Planning and Investment and bid solicitors through the E-procurement System.

Article 11. Extension of the deadline for submission of the application for registration for execution of investment projects using land in case of the E-procurement System failure

If the E-procurement System failure results in the temporary suspension, investment projects using land with the deadline for submission of the application for project implementation registration that falls within the period of the E-procurement System’s failure shall be granted extension as follows:

1. When such failure is corrected and the E-procurement System resumes during the time from 0h00’ to 12h00’, the new deadline shall fall on 15h00’ on the same date, except as prescribed in clause 3 of this Article.

2. When such failure is corrected and the E-procurement System resumes during the time from later than 12h00’ to 24h00’, the new deadline shall fall on 09h00’ on the subsequent date, except as prescribed in clause 3 of this Article.

3. When such failure is corrected and the system resumes on Saturdays, Sundays or public or national holidays, the new deadline shall fall on 9h00’ on the working day immediately after these days.

Article 12. Announcement of the portfolio of projects subject to the bidding process under specialized laws or legislation on private-sector involvement on the E-procurement System

1. The portfolio of projects subject to the bidding process under specialized laws or legislation on private-sector involvement must be posted on the E-procurement System within 7 working days starting from the date of approval of such portfolio.

2. A posting must comprise the followings:

a) Project information: Project names; investment objectives, investment scale; basic requirements for each project; investment duration and schedule; project implementation locations; other information about each project (if any).

b) Deadline for submission of application for registration for interest in implementation of each project;

c) Address that investors can contact or where they submit their application for registration for interest in execution of projects.

3. While posting information specified in Clause 1 of this Article, the decision on approval of the project portfolio must be enclosed.

4. The formulation, approval and announcement of the project portfolio; the form/sample of the invitation to bid and other contents (if any) for projects subject to the bidding process under specialized laws and the law on private-sector involvement shall conform to the instructions from Ministries and ministerial-level agencies and Governmental bodies as prescribed in Clause 3 of Article 16 in the Decree No. 25/2020/ND-CP.  During the time that Ministries, ministerial-level agencies and Governmental bodies have not yet issued detailed regulations, the contents of bidding documents shall be formulated on the basis of revision of the forms/samples specified in Appendices III and IV to this Circular.

In all cases, the selection of investors prescribed in the specialized laws and the law on private-sector involvement must ensure conformance to the goals of competition, fairness, transparency and economic efficiency; ensure compliance with regulations of law on bidding, specialized laws and laws on private-sector involvement.

Article 13. Instructions for use of the E-procurement System and formatting of attached files sent to the E-procurement System

1. Posting information; issuing, amending, and clarifying preliminary qualification and experience requirements, the invitation for prequalification, the invitation to bid; extending the deadline for submission of the application for registration of project implementation, and extending the bid closing time on the E-procurement System shall conform to the User's Guide posted on the E-procurement System.

2. Files uploaded on the E-procurement System must adhere to the following requirements:

a) They must be formatted in MS Word, Ms Excel, PDF, CAD and other forms; use Unicode fonts. In case files are large, they shall need to be uploaded to the system in * .zip or * .rar formats.

b) They must be protected from computer viruses, errors, corruption and must not be password protected.

Article 14. Transitional provisions

1. If any portfolio of investment projects using land (including preliminary qualification and experience requirements) announced from the effective date of Decree No. 25/2020/ND-CP (April 20, 2020) before the effective date of this Circular conforms to the Law on Bidding and Decree No. 25/2020/ND-CP, the procedures for announcement of the project portfolio shall not be required.

2. If the invitation for prequalification, the invitation to bid and the request for proposal issued during the period from the effective date of Decree No. 25/2020/ND-CP to earlier than the effective date of this Circular conform to the Law Bidding and Decree No. 25/2020/ND-CP, they shall not be subject to revision or re-issuance according to the Circular. Bid solicitors shall be responsible for evaluating invitations for prequalification, bid packages, proposals, and considering awarding the awarding of bids based on the contents of invitations for prequalification, invitations to bid, requests for proposals that they have been issued, including requests for payment to the state budget (m3).

3. If an invitation for prequalification is issued before the effective date of Decree No. 25/2020/ND-CP, according to Clause 3 of Article 90 in the Decree No. 25/2020/ND-CP, the selection of investors shall be subject to the following regulations:

a) In case two or more investors pass the prequalification stage, the project may be bidden according to the open bidding process as prescribed in Clauses 1 and 2 of Article 9 of Decree No. 30/2015/ND-CP.  Procedures for selecting the next investor shall be subject to regulations laid down in Chapters III, IV and V of the Decree No. 30/2015/ND-CP. Invitations to bid shall be issued to shortlisted investors as prescribed in Clause 1 of Article 30, Article 49 and Article 61 in the Decree No. 30/2015/ND-CP.

b) In case only one investor passes the prequalification stage, the project may be bidden according to the bidder appointment process as prescribed in point a of clause 3 of Article 9 in the Decree No. 30/2015/ND-CP.  Procedures for selecting the next investor shall be subject to regulations laid down in Chapter VI of the Decree No. 30/2015/ND-CP.

c) The contents of the invitation to bid and the request for proposal shall be formulated on the basis of compliance with the provisions of Decree No. 30/2015/ND-CP, instructional Circulars and relevant law provisions that take effect at the time of approval of the invitation to bid or the request for proposal.

d) Winning investors shall implement projects under contracts and regulations laid down in laws on investment, construction, land, planning and other relevant legislation.

Article 15. Implementation

1. In the course of implementation, in case where legislative documents used as references in this Circular have been amended or supplemented or replaced, new versions of these documents shall apply.

2. Ministries, Ministry-level agencies, Governmental bodies, other central authorities, People’s Committees at all levels, and other entities, organizations or individuals concerned, shall be responsible for implementing this Circular. In the course of implementation of this Circular, if there is any difficulty likely to arise, Ministries, Ministry-level agencies, Governmental bodies, other central bodies, People's Committees at all levels, and other entities or individuals concerned, should send their feedbacks to the Ministry of Planning and Investment to receive its further instructions.

Article 16. Entry into force

1. This Circular shall enter into force from November 5, 2020.

2. This Circular shall replace Circular No. 15/2016/TT-BKHDT dated September 29, 2016 of the Minister of Planning and Investment, guiding the preparation of the invitation for prequalification, the invitation to bid for section of investors implementing PPP projects and Circular No. 16/2016/TT-BKHDT dated December 16, 2016 of the Minister of Planning and Investment, guiding the preparation of the invitation for prequalification, the invitation to bid for selection of investors implementing investment projects using land, except for the case specified in Clause 3 of Article 14 of this Circular./.

 

 

MINISTER




Nguyen Chi Dung

 

 

 

------------------------------------------------------------------------------------------------------
This translation is made by LawSoft and for reference purposes only. Its copyright is owned by LawSoft and protected under Clause 2, Article 14 of the Law on Intellectual Property.Your comments are always welcomed

 

-----

Thuvienphapluat.vn


ĐT: (024) 35522216 / (024) 33120207