GUIDANCE ON SELECTION OF INVESTORS TO IMPLEMENT LAND-USING INVESTMENT PROJECTS
The Ministry of Planning and Investment’s Circular No. 09/2021/TT-BKHDT guiding the selection of investors to implement investment projects in the form of public-private partnership and land-using investment projects is promulgated on November 16, 2021.
Specifically, notices of invitation to express interests, and preliminary requirements on capacity and experience for land-using investment projects shall be prepared according to the form provided in this Circular. Requirements on capacity and experience may only have contents aimed solely at selecting investors that preliminarily meet such requirements, and may not set out any conditions to limit participation of investors or bring about advantages for one or several investors, thus leading to unfair competition.
In addition to criteria for evaluation of capacity and experience of investors as prescribed, other evaluation criteria shall be added on the following principles: Being suitable to size, characteristics, field and specific conditions (if any) of each project; Being not in contravention of law; neither limiting participation of investors nor bringing about advantages for one investor or several investors, thus leading to unfair competition.
Besides, lists of land-using investment projects and projects subject to bidding in accordance with specialized laws and regulations on mobilization of social resources shall be publicized on the national public procurement network for 07 working days after they are approved (for projects not subject to investment policy approval in accordance with the investment law) or after preliminary requirements on capacity and experience are approved (for projects subject to investment policy approval in accordance with the investment law).
This Circular takes effect on January 01, 2022.
