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The Ministry of Planning and Investment has issued Circular No. 09/2021/TT-BKHDT guiding in detail the selection of investors to implement investment projects in the form of public-private partnership (PPP) and land use investment projects.
Circular 09/2021/TT-BKHDT selection of investors to implement investment projects
The promulgation of the Circular aims to continue to ameliorate the provisions of Circular No. 06/2020/TT-BKHĐT, improve the effectiveness, efficiency, feasibility, and uniformity of the law on investor selection for implementing PPP projects and investment land use projects; remove difficulties and obstacles, create a legal basis and favorable conditions for the implementation of PPP projects and investment land use projects.
The Circular consists of 8 articles and 9 appendices, applicable to agencies, organizations and individuals participating in or related to the selection of investors to implement PPP projects and investment land use projects.
The Circular is established to ensure compliance with the provisions of the PPP Law and the Investment Law in 2020, the Decree detailing the implementation of these Laws and relevant laws; ensuring the implementation of the principles of publicity, transparency, fairness and economic efficiency in the selection of investors to implement PPP projects and land use investment projects.
At the same time, continue to simplify administrative procedures, create favorable conditions for organizations and individuals to participate in the investor selection process through sampling of all types of documents.
Circular detailing and guiding the implementation of a number of provisions of Decree No. 35/2021/ND-CP dated March 29, 2021 of the Government detailing and guiding the implementation of the Law on Investment by PPP and Decree No. 25/2020/ND-CP dated February 28, 2020 of the Government detailing the implementation of a number of articles of the Bidding Law on investor selection.
Along with that, the circular details the preparation of pre-qualification invitation documents, negotiation invitation documents, and bidding documents for PPP projects. For projects applying the form of investor appointment as prescribed at Point a, Clause 1, Article 39 of the PPP Law, the bidding dossier is prepared on the basis of the modification of the content of the application form specified in Appendix IV promulgated together with the Circular but must be consistent with the provisions of the PPP Law, Decree No. 35/2021/ND-CP and relevant laws. Bidding documents must not specify content for comparison and investor ratings.
The Circular also details the preparation of preliminary requirements on capacity, experience, bidding documents, dossiers of requirements for land use investment projects; principles of application and modification of application forms; regulations on the implementation of investment projects using land; transitional provisions and terms of enforcement.
In addition, the circular clearly states that ministries, ministerial-level agencies, agencies attached to the Government, other central agencies, People’s Committees of provinces and centrally run cities, and relevant organizations and individuals responsible for the implementation of this Circular.
In the course of implementation, if there are problems, ministries, ministerial-level agencies, government-attached agencies, other central agencies, People’s Committees of provinces and centrally run cities and relevant organizations and individuals report to the Ministry of Planning and Investment for guidance.
Circular No. 09/2021/TT-BKHDT takes effect from January 1, 2022 and replaces Circular No. 06/2020/TT-BKHDT dated September 18, 2020 of the Minister of Planning and Investment on guiding the implementation of Decree No. 25/2020/ND-CP.
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