procedures for making project proposals outside of the State's list of projects, procedures for making project proposals, State's list of projects, Integrate procedures for making project proposals outside of the State's list of projects into the Bidding Law in Vietnam

Vietnam: Integrate procedures for making project proposals outside of the State’s list of projects into the Bidding Law

The Ministry of Planning and Investment proposes to amend administrative processes regulations on the list of investment projects using land proposed by the investor (for projects not subject to the approval of investment policies) in the proposed Bidding Law (amended).

New administrative processes regulations

This is an aspect of the implementation content contained in Decision No. 1481/QD-BKHDT dated August 30, 2022, on approving the plan to simplify administrative procedures in the field of bidding, the establishment and operation of cooperative unions, and cooperatives that fall under the state management of the Ministry of Planning and Investment, which was signed and promulgated by the Minister of Planning and Investment.

Simultaneously, the administrative procedure regulation in the proposed Law on Bidding (amended) aims to integrate and synchronize the requirements of the law on bidding for relevant content.

Investors may propose business investment projects in sectors and trades not prohibited by the Investment Law, according to the terms of Clause 1, Article 5 of Investment Law No. 61/2020/QH14 dated June 17, 2020. As a result, investors have the right to propose projects that are not on the state’s official list.

As a result, in order to protect investors’ interests while proposing investment projects, laws guiding investors on the order and processes in this situation are required.

Administrative processes in the field of bidding include administrative procedures for the list of investment projects utilizing land proposed by the investor (for projects not subject to investment policy approval). This administrative process is now detailed in the Government’s Decree No. 25/2020/ND-CP dated February 28, 2022, which details the execution of a number of provisions of the Bidding Law concerning investor selection.

Concerning the group of administrative processes in the sphere of bidding, the Decision specifies the simplification content, reasons for simplification, implementation recommendations, and advantages of the simplification plan for the procedure for granting the procurement practice certificate.

The Decision sets forth the contents of review and offers a simplified plan for the group of administrative processes in the field of the formation and operation of unions of cooperatives and cooperatives.

The Decision outlines a number of administrative procedures for changing the business registration agency, granting cooperative registration certificates, issuing and renewing cooperative union registration certificates, registering the establishment of cooperatives and cooperative unions, and registering the operation of cooperative branch and union representative offices.

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