Chương VI Luật Đấu thầu 2013: Lựa chọn nhà đầu tư

Chapter 6.

SELECTION OF INVESTORS

Article 55. Plan on investor selection

1. Basis for plan on investor selection:

a) Decision on approving project;

b) International treaties, international agreements for projects used official development assistance capital, concessional loans;

c) Relevant documents.

2. Content of plan on investor selection:

a) Name of project;

b) Total investment and total capital of project;

c) Preliminary content of amount financed by State, financial regime of State to support for implementation of project (if any);

d) Forms and methods of selection of investors;

dd) Beginning time of organization for investor selection;

e) Contract type;

g) Time for contract performance.

Article 56. The process of investor selection

1. The process of investor selection shall be performed as follows:

a) Prepare for selection of investor;

b) Organize the selection of investor;

c) Assess the Bids, Proposals;

d) Submit, evaluate, approve and publish result of investor selection;

dd) Negotiate, finalize and sign contract.

2. The Government shall elaborate this Article.

Article 57. Submitting, appraising and approving the plan on selection of investor, Prequalification Document, result of prequalification, Bid, Request for Proposals and result of investor selection

1. The Procuring Entity shall submit the plan on selection of investor, Prequalification Document, result of prequalification, Bid, Request for Proposals and result of investor selection to the competent persons, concurrently organize appraisal.

2. Organizing the appraisal, making report on appraisal of the plan on selection of investor, Prequalification Document, result of prequalification, Bid, Request for Proposals and result of investor selection to submit to the competent persons.

3. Based on the submitted dossier and report on appraisal, the competent persons shall approve the plan on selection of investor, Prequalification Document, result of prequalification, Bid, Request for Proposals and result of investor selection.

4. The Government shall elaborate this Article.

Article 58. Methods to assess the Bids

1. Methods to assess the Bids include: Service price-related evaluation, method of State-contributed capital, method of social benefits, state benefits and combination method.

2. Criteria for evaluation of Bid include: criteria for evaluation on capability, experiences; criteria for evaluation on technical aspect; and criteria for evaluation on financial aspect.

3. The Government shall elaborate this Article.

Article 59. Consideration for contract award in investor selection

1. The selected investors must satisfy all following conditions:

a) Having valid Bid and Proposal ;

b) Satisfying requirements on qualifications;

c) Satisfying technical requirements;

d) Satisfying financial requirements;

dd) Project obtains highest efficiency.

2. For investors not be selected, in notice of result of investor selection must clearly state the reason thereof.