Chương II Nghị định 23/2024/NĐ-CP: Quy trình, thủ tục lựa chọn nhà đầu tư đối với dự án áp dụng hình thức đấu thầu rộng rãi, đấu thầu hạn chế theo phương thức một giai đoạn một túi hồ sơ, một giai đoạn hai túi hồ sơ

Chapter II

INVESTOR SELECTION PROCEDURES FOR PROJECTS APPLYING COMPETITIVE BIDDING AND LIMITED BIDDING ACCORDING TO THE SINGLE-STAGE, ONE-ENVELOPE METHOD, OR SINGLE-STAGE, TWO-ENVELOPE METHOD

Section 1. ANNOUNCEMENT OF INVESTMENT PROJECTS

Article 9. Announcing investment projects subject to investment guideline approvals

Competent authorities shall post decisions on investment guideline approval on VNEPS within 5 working days from the dates of issuance.

Article 10. Announcing investment projects not subject to investment guideline approvals

1. For an investment project that is not subject to investment guideline approval, the competent person shall assign the agency under the ministry or ministerial-level agency; specialized agency, agency under the Provincial People's Committee, Economic Zone Management Board; or District-level People's Committee to prepare a corresponding project proposal, which includes the contents specified in Points b, c, d, dd and e, Clause 2, Article 47 of the Law on Bidding, and then submit it to Head of ministerial-level agency, President of the Provincial People's Committee, Head of Economic Zone Management Board for approval.

2. The competent agency shall post the investment project information in accordance with Clause 1 of this Article within 5 working days from the issuance date of the approval.

3. Investors may propose to implement investment projects other than projects approved and announced by competent authorities in accordance with Clauses 1 and 2 of this Article, unless special laws stipulate that investors are not allowed to propose projects themselves. The procedures for a project proposal are as follows:

a) The investor prepares a project proposal including the contents specified in Points b, c, d and e, Clause 2, Article 47 of the Law on Bidding and the corresponding contents specified in Points a, b and c Clause 1, Article 33 of the Investment Law.  The investor shall bear all the costs incurred in preparing the project proposal;

b) If an investment project falls under authority of the Provincial People's Committee, the investor shall submit 4 sets of project proposal to the corresponding Department of Planning and Investment. Within 3 working days from the date of receiving the project proposal, the Department of Planning and Investment shall report it to the President of the Provincial People's Committee to assign a specialized agency to synthesize and review the project proposal of that investor.

If an investment project falls under authority of a ministry, ministerial-level agency, or Economic Zone Management Board, the investor shall submit 4 sets of project proposal to an agency that is tasked by the Minister, Head of ministerial-level agency, or Head of Economic Zone Management Board to receive and review the project proposal of that investor;

c) Within 25 days from the date of assignment, the agency at Point b of this Clause shall verify the conformity of the project proposal with Clauses 4, 5 and 6, Article 1 of this Decree, and then submit it to the competent person for approval for the investment project;

d) The competent agency shall post the investment project information proposed by the investor on VNEPS within 5 working days from the issuance date of the approval.

Section 2. PREPARATION FOR BIDDING FOR INVESTOR SELECTION

Article 11. Preparation of and approval for the investor selection progress timeline

1. The competent person shall assign an agency, affiliated unit, or specialized agency to prepare an investor selection progress timeline according to Appendix I issued with this Decree.

2. The competent person shall approve the investor selection progress timeline, which determines the procuring entity, the form and method of bidding for investor selection, and the starting time of investor selection to implement the investment project.

3. If the investment project is subject to investment guideline approval according to investment law, the investor selection progress timeline shall be approved independently or concurrently with the decision on investment guideline approval.

4. If the investment project is not subject to investment guideline approval according to investment law, the investor selection progress timeline shall be approved r concurrently with the investment project information.

5. The competent authority shall post the approved investor selection progress timeline on the VNEPS within 5 working days from the issuance date of the approval.

Article 12. Bases for preparing Bidding document

1. Planning, plans, and programs, including:

a) Relevant planning and plans in accordance with law on planning, special laws, and relevant laws;

b) Construction planning that is appropriate to the scale and nature of the project in accordance with construction law and special laws and approved by the competent authority if the project has the construction phase. In case the investment project has many functions, the investment project is determined based on the main works of the project or the main works with the highest level in case the project has many main works in accordance with the construction law;

c) Programs and plans for housing development, building apartment renovation and construction in accordance with housing law (if the project is for social housing construction, apartment building renovation or re-construction).

2. The list of projects subject to land appropriation approved by the competent authority in accordance with land law (if the project is specified in Clause 4, Article 1 of this Decree and using land); or the decision on revocation of public assets that is approved by a competent authority in accordance with the law on management and use of public assets (if the project uses public assets subject to revocation).

3. The decision on investment guideline approval (if the project is subject to investment guideline approval in accordance with law on investment), or an approval for investment project information (if the project is not subject to investment guideline approval as prescribed in Article 9 or Article 10 of this Decree).

4. The investor selection progress timeline shall be approved in accordance with Clause 2, Article 11 of this Decree.

5. Other documents in accordance with special laws and relevant laws (if any).

Article 13. Preparation, appraisal of, and approval for Bidding document

1. The procuring entity assigns an expert team to prepare Bidding document according to the contents specified in Article 48 of the Law on Bidding for investors to prepare their bids.

2. Methods and criteria for evaluating bids are laid down in Articles 44, 45, 46 and 47 of this Decree.

3. Appraisal of and approval for Bidding document:

a) The procuring entity submits to the competent person the draft Bidding document and related documents, and sends them to the appraisal team;

b) The appraisal team shall appraise the Bidding document in accordance with Article 52 of this Decree;

c) The competent person approves the Bidding document in writing based on the approval request and appraisal report of the Bidding document.

Article 14. Shortlisting procedure for limited bidding

1. The procuring entity identifies a short list of at least 3 investors that meet the requirements of the investment project and wishes to participate in the bid, and submits the list to the competent person for approval.

2. After approval, the procuring entity publicly posts the short list on VNEPS.

3. Investors on the short list are not allowed to enter into joint ventures to participate in the bidding.

Section 3. ORGANIZATION OF BIDDING FOR INVESTOR SELECTION

Article 15. Conditions for issuance of Bidding document

Bidding document are only issued to select investors when the following conditions are met:

1. A decision on investment guideline approval is issued (if the project is subject to investment guideline approval in accordance with law on investment), or an approval for investment project information is issued (if the project is not subject to investment guideline approval as prescribed in Article 9 or Article 10 of this Decree).

2. The investment project is announced in accordance with Article 9 or Article 10 of this Decree.

3. The Bidding document are approved.

4. Other conditions in accordance with special laws (if any).

Article 16. Invitation to bid, issuance, modifications and clarifications of Bidding document; extension of deadline for submission of bids

1. Invitation to bid:

a) The invitation to bid is posted in accordance with Clause 2, Article 8 of the Law on Bidding.  For projects subject to international competitive bidding as prescribed in Clause 2, Article 11 of the Law on Bidding, the invitation for bid must be posted in English and Vietnamese on VNEPS and on the websites of relevant Ministries, the Provincial People's Committee (if any), or an English-language newspaper published in Vietnam;

b) Send invitations to bid to investors on the short list for limited bidding.

2. Issuance of Bidding document:

a) For competitive bidding, Bidding document are published on VNEPS.  The procuring entity posts a complete file of Bidding document free of charge on VNEPS;

b) For limited bidding, Bidding document are issued to investors on the short list.

3. Modification of Bidding document:

In case of modifications of the Bidding document after issuance, the procuring entity must post on the VNEPS the modification decision enclosed with the detailed modifications of the Bidding document and the modified Bidding document.  The posting of the decision on modifications of the Bidding document is done at least 15 days for domestic bidding and 25 days for international bidding before the deadline for submission of bids. In case there is not enough time, the deadline for submission of bids must be extended.

4. Clarifications of Bidding document:

case the Bidding document need to be clarified, the investor shall send a written request for clarification to the procuring entity on VNEPS within at least 7 working days (for domestic bidding), 15 days (for international bidding) before the bid submission deadline.  Clarifications of Bidding document are carried out by the procuring entity in one or more of the following forms:

a) Posting detailed clarifications on VNEPS;

b) If necessary, organize a pre-bid meeting to discuss matters in the Bidding document that investors are unclear about.  The communication must be made into a record by the procuring entity to clarify the Bidding document and must be posted on VNEPS.

The detailed clarifications of the Bidding document must be posted on the VNEPS at least 2 working days before the bid submission deadline and must not be contrary to the content of the Bidding document which were already posted on the VNEPS. In case the clarifications of the Bidding document leads to the need to modify the Bidding document, the modifications of the Bidding document shall comply with Clause 3 of this Article.

5. The decision on modifications or written clarification of the Bidding document is an integral part of the Bidding document.

6. In case it is necessary to extend the bid submission deadline, the procuring entity shall post a notice of extension along with the decision to approve the extension on VNEPS.  The notice of extension must clearly state the reason for the extension, new deadline for bid submission.

Article 17. Preparation, submission, receipt, management, modification, replacement, and withdrawal of bids

1. Investors prepare and submit bids according to the requirements of the Bidding document.

2. The procuring entity receives bids from all investors submitted before the bid submission deadline and manages submitted bids in a confidential manner until the investor selection result is made public; information in the Bidding document of investors participating in the bidding must not be disclosed, except for information disclosed when the bid is opened.

3. When there is a request to modify, replace or withdraw the submitted bid, the investor must send a written request to the procuring entity.  The procuring entity only accepts the modifications, replacement, or withdrawal of the investor's bid when receiving a written request before the bid submission deadline.

4. Bids or documents sent by the investor to the procuring entity after the bid submission deadline are invalid, cannot be opened and are rejected, except for documents clarifying the bid at the request of the procuring entity, or clarifying and additional documents to prove the investor's eligibility, capacity and experience.

Section 4. EVALUATION OF BIDS FOR PROJECTS APPLYING THE SINGLE-STAGE, ONE-ENVELOPE METHOD

Article 18. Bid opening

1. The bid opening must be conducted publicly and begin within 2 hours from the bid submission deadline.  The procuring entity only opens bids received before the bid submission deadline according to the requirements of the Bidding document in the presence of representatives of investors attending the bid opening ceremony, regardless of the presence or absence of investors.

2. The procuring entity checks the seal and opens each bid in alphabetical order by investor's name and clearly reads the following information:

a) Name of investor;

b) Number of originals and copies of documents;

c) The value proposed by the investor for investment efficiency in the development of industry, field and locality in the bid, which includes one or more of the following information:  value in money paid to the state budget; proportion of revenue that the investor proposes to pay to the state budget; prices of goods and services; the amount of technical infrastructure, social infrastructure, public space serving the community surrounding the project and accompanying operating services; the value of social assistance activities for social protection beneficiaries or the value of other social welfare activities that the investor contributes to the locality; threshold for total emissions of toxic substances;

d) Proposal to increase or decrease the value specified in point c of this clause (if any);

dd) Validity period of the bid;

e) Value and validity of bid security;

g) Other related information.

3. The bid opening record includes the information specified in Clause 2 of this Article, must be signed by the representative of the procuring entity and investors attending the bid opening ceremony, and then be sent to the attending investors.

4. The representative of the procuring entity signs the original letter of bid and the authorization letter of the investor's legal representative (if any); joint venture agreement (if any); bid security; contents of business investment plans and proposals on investment efficiency in developing the industry, field and locality of each bid.

Article 19. Principles for evaluating bids

1. The evaluation of a bid is based on the bid evaluation criteria and other requirements in the Bidding document, based on the submitted bid and the documents clarifying the investor’s bid so as to ensure the selection of an investor with sufficient capacity and experience and feasible technical and financial plan to implement the project.

2. The evaluation of a bid is done on photocopies, the investor is responsible for the consistency between the original and the photocopies. In case there is a deviation between the original and the photocopy but does not change the investor ranking order, the evaluation will be based on the original.  In case there is a deviation between the original and the photocopy, leading to a different evaluation result on the original than the evaluation result on the photocopy, changing the ranking order of the investor, that investor's bid will be disqualified.

3. When evaluating a bid, the procuring entity must check the technical and financial contents of the bid to ensure that the bid has no deviations, reservations, or omissions of basic contents, where:

a) “deviation” means a departure from the requirements specified in the Bidding document; “reservation” is the setting of limiting conditions or withholding from complete acceptance of the requirements specified in the Bidding document; “omission” is the failure to submit part, or all of the information or documentation required in the Bidding document.

b) Provided that a bid is substantially responsive to the requirements of the Bidding document, the procuring entity may accept nonconformities that are not deviations, reservations, or omissions;

c) Provided that a bid is substantially responsive to the requirements of the Bidding document, the procuring entity may require the investor to provide necessary information or documentation, within a reasonable period of time, to rectify non-material nonconformities or deviations in the bid related to the documentation requirements. Requests to provide information and documents to rectify these nonconformities or deviations must not affect the investor's proposal for investment effectiveness in developing the industry, field, and locality of the investor. Failure to comply with the request of the procuring entity may result in disqualifying the investor.

Article 20. Clarification of bids

1. After bid opening, in case the investor's bid lacks documents on eligibility, financial statements, and documents proving their experience in implementing similar projects, the procuring entity may request the investor to clarify and supplement documents to prove their eligibility, capacity and experience.  The investor must clarify the bid when requested by the procuring entity.  Clarification of the investor’s eligibility, capacity, and experience may not change the nature of the eligibility, capacity, and experience of the investor participating in the bid.

2. After closing the bid, in case the investor discovers that the bid lacks information and documents about their capabilities, they will be sent for clarification.  The procuring entity shall receive clarifying and supplementing documents to prove the investor's eligibility, capacity and experience for evaluation. These documents are considered an integral part of the bid.

3. Clarifications of proposals on the business investment plan, proposals on investment efficiency in developing the industry, field, and locality must ensure the principle of not changing the corresponding proposals in the bid that has been submitted.

4. Clarification of a bid is only done between the procuring entity and the investor whose bid needs to be clarified.  The clarification of the bid must be made in writing and kept by the procuring entity as an integral part of the bid.

Article 21. Evaluation of bids

1. Check the validity of the bid, including:

a) Check the number of originals and photocopies of the bid;

b) Check the required documents of the bid, including: letter of bid, joint venture agreement (if any), authorization letter to sign the letter of bid (if any); bid security; documents proving the eligibility of the person signing the letter of bid (if any); documents proving the investor's eligibility, capacity and experience; proposal on the business investment plan; proposal on investment efficiency in developing the industry, field, and locality; other documents of the bid;

c) Check the consistency of content between the original and the photocopy(ies) to serve the detailed evaluation process of the bid.

2. Evaluate the validity of the bid:

An investor's bid is considered valid when it fully meets the following requirements:

a) There is the original bid;

b) There is a valid letter of bid, signed and sealed by the investor's legal representative (if any) as required in the Bidding document.  For a joint venture investor, the letter of bid must be signed and sealed by the legal representative of each joint venture party (if any), or the party assigned to by the joint venture to sign the letter of bid according to the assigned responsibilities in the joint venture agreement;

c) The value stated in the bid must be specific and fixed in numbers and words; do not propose different values ​​in terms of investment efficiency for development of industry, field, locality or include conditions that are disadvantageous to competent authorities or the procuring entity;

d) The validity of the bid meets the requirements as prescribed in the Bidding document;

dd) There is a valid bid security;

e) The investor is not named in two or more bids as an independent investor or a joint venture party;

g) There is a joint venture agreement signed and sealed by the legal representative of each joint venture party (if any);

h) The investor ensures eligibility in accordance with Article 5 of the Law on Bidding.

3. Evaluate the bid:

a) Evaluation of a bid includes evaluation of investor's capacity and experience, evaluation of the business investment plan, and evaluation of investment effectiveness in developing the industry, field, and locality;

b) The evaluation of the bid is carried out according to the evaluation methods and criteria specified in the Bidding document.

4. After evaluating the bid, the expert team prepares a report and sends it to the procuring entity for consideration.  The report must clearly state the following:

a) Investor ranking list;

b) List of non-responsive and disqualified investors; reasons for investor rejection;

c) Comments on competitiveness, fairness, transparency, and economic efficiency in the investor selection process.  In cases where competitiveness, fairness, transparency, and economic efficiency are not guaranteed, the reasons and proposed solutions must be clearly stated.

5. Consideration for contract award:

The investor considered for contract award must fully meet the requirements prescribed in Article 48 of this Decree.

Section 5. EVALUATION OF BIDS FOR PROJECTS APPLYING THE SINGLE-STAGE, TWO-ENVELOPE METHOD

Article 22. Opening of technical proposals

1. The opening of a technical proposal must be conducted publicly and begin within 2 hours from the bid submission deadline.  The procedure for opening a technical proposal shall comply with Article 18 of this Decree.  The record of opening technical proposal includes the information specified in Points a, b, dd, e and g, Clause 2, Article 18 of this Decree.

2. The financial proposals of all investors must be sealed in a separate envelope by the procuring entity and must be signed and sealed by representatives of the procuring entity and investors attending the technical proposal opening ceremony.

Article 23. Evaluation of technical proposals

1. Check the validity of the technical proposal, including:

a) Check the number of originals and photocopies of the technical proposal;

b) Check the required documents in the technical proposal, including:  Letter of bid in the technical proposal, joint venture agreement (if any), authorization letter to sign the letter of bid (if any); bid security; documents proving the eligibility of the person signing the letter of bid (if any); documents proving the investor's eligibility, capacity and experience; technical proposal; other documents of the technical proposal;

c) Check the consistency between the original and the photocopy to serve the detailed evaluation of the technical proposal.

2. Evaluate the validity of the technical proposal:

The investor's technical proposal is considered valid when it fully meets the following requirements:

a) There is the original technical proposal;

b) There is a letter of bid in a valid technical proposal, signed and sealed by the investor's legal representative (if any) as required in the Bidding document.  For a joint venture investor, the letter of bid must be signed and sealed by the legal representative of each joint venture party (if any), or the party assigned to by the joint venture to sign the letter of bid according to the assigned responsibilities in the joint venture agreement;

c) The validity of the technical proposal meets the requirements as prescribed in the Bidding document;

d) There is a valid bid security;

dd) The investor is not named in two or more technical proposals as an independent investor or a joint venture party;

e) There is a valid joint venture agreement in case of joint venture;

g) The investor ensures eligibility in accordance with Article 5 of the Law on Bidding.

3. The procedure for clarification of a technical proposal shall comply with Article 20 of this Decree.

4. Evaluate the technical proposal:

a) Principles for evaluating a technical proposal comply with Article 19 of this Decree;

b) Investors with valid technical proposals that meet capacity and experience requirements, and business investment plan requirements will be considered and have their financial proposals opened.

Article 24. Approval for the list of technically-responsive investors

1. The procuring entity shall consider approving the list of technically-responsive investors submitted by the expert team.

2. The procuring entity notifies the list of technically-responsive investors to all investors participating in the bidding and invites investors participating in the bidding to open financial proposals. The notice clearly states the time and location of opening the financial proposals.

Article 25. Opening of financial proposals

1. Financial proposals of investors named in the list of technically-responsive investors are opened publicly at the time and location stated in the notice of list of technically-responsive investors.  The bid opening record includes information specified in Clause 2, Article 18 of this Decree and must be sent to investors participating in the bid.

2. The representative of the procuring entity signs the original letter of bid, and the authorization letter of the investor's legal representative (if any); joint venture agreement (if any); bid security; business investment proposals on investment efficiency in developing the industry, field and locality of each financial proposal.

Article 26. Evaluation of financial proposals

1. Check the validity of the financial proposal, including:

a) Check the number of originals and photocopies of the financial proposal;

b) Check the required documents in the financial proposal, including:  The letter of bid in the financial proposal; other documents in the financial proposal;

c) Check the consistency between the original and the photocopy to serve the detailed evaluation of the financial proposal.

2. Evaluate the validity of the financial proposal:

The investor's financial proposal is considered valid when it fully meets the following requirements:

a) There is the original financial proposal;

b) There is a letter of bid in a valid financial proposal, signed and sealed by the investor's legal representative (if any) as required in the Bidding document.  For a joint venture investor, the letter of bid must be signed and sealed by the legal representative of each joint venture party (if any), or the party assigned to by the joint venture to sign the letter of bid according to the assigned responsibilities in the joint venture agreement;

c) The value stated in the letter of bid in the financial proposal must be specific and fixed in numbers and words; do not propose different values ​​in terms of investment efficiency for development of industry, field, locality or include conditions that are disadvantageous to competent authorities or the procuring entity;

d) Validity of the financial proposal must meet the requirements of the Bidding document.

Investors with valid financial proposals will undergo a detailed financial evaluation in accordance with Clause 4 of this Article.

3. The procedure for clarification of a financial proposal shall comply with Article 20 of this Decree.

4. Evaluation of financial proposals:

a) Principles for evaluating a financial proposal comply with Article 19 of this Decree;

b) Detailed evaluation of financial proposals and investor ranking is carried out according to the evaluation methods and criteria specified in the Bidding document.

5. After evaluating the bid, the expert team prepares a report and sends it to the procuring entity for consideration.  The report must clearly state the following:

a) Investor ranking list;

b) List of non-responsive and disqualified investors; reasons for investor rejection;

c) Comments on competitiveness, fairness, transparency and economic efficiency in the investor selection process.  In cases where competitiveness, fairness, transparency, and economic efficiency are not guaranteed, the reasons and proposed solutions must be clearly stated.

6. Consideration for contract award shall comply with Article 48 of this Decree.

Section 6. SUBMISSION, APPRAISAL, APPROVAL, AND PUBLICATION OF INVESTOR SELECTION RESULT

Article 27. Submission, appraisal of and approval for investor selection result

1. The submission, appraisal of and approval for investor selection result are carried out as follows:

a) Based on the report on the results of bid evaluation, the procuring entity submits to the competent person the results of investor selection, and also sends them to the appraisal team to organize the appraisal, clearly stating the opinions of the procuring entity on the detailed evaluation of the expert team;

b) The appraisal team shall appraise the investor selection result in accordance with Article 53 of this Decree before approval;

c) The competent person approves the investor selection result in writing based on the approval request and appraisal report of the investor selection result.

2. In case the successful investor is selected, the document approving the investor selection result includes the following:

a) Project name;

b) Name of the successful investor and the enterprise expected to be established by the successful investor (if any);

c) One or more information specified in Point c, Clause 2, Article 18 of this Decree;

d) Other contents (if any).

3. In case of bid cancellation in accordance with Point a, Clause 2, Article 17 of the Law on Bidding, the approval for investor selection result or decision on bid cancellation must clearly state the reason for the bid cancellation and the responsibilities of related parties when canceling the bid.

Article 28. Publication of investor selection result

1. Within 5 working days from the date of the approval for investor selection result, the procuring entity posts information about the investor selection result on VNEPS according to Point d, Clause 2, Article 7 and Clause 4, Article 8 of the Law on Bidding, and also send a written notice of investor selection result to the investors participating in the bidding.

2. Contents of the notice of investor selection result:

a) Information specified in Clause 2, Article 27 of this Decree;

b) List of unsuccessful investors and reasons for not being selected for each investor;

c) Plan for negotiating, completing, and signing contracts with the successful investor.

Section 7. NEGOTIATION, FINALIZATION, AND SIGNING OF CONTRACTS

Section 29. Negotiation and finalization of contracts

1. Based on the investor selection result, the first-ranked investor is invited to negotiate and finalize the contract.  In case the investor is invited to negotiate and finalize the contract, but they do not participate or refuse to negotiate and finalize the contract, their bid security will not be returned.

2. The negotiation and finalization of the contract are carried out on the basis of:

a) Bid evaluation report;

b) The bid and clarification of the bid (if any) of the investor;

c) The Bidding document.

3. Principles for negotiating and finalizing a contract:

a) Do not negotiate and finalize the contract for the contents that the investor has offered in accordance with the requirements of the Bidding document;

b) Do not change the basic content of the bid.

4. Contents of negotiation and finalization of a contract:

a) Negotiate and finalize the proposed contents in the bid which are not detailed enough, unclear or different; or negotiate and finalize the inappropriate or inconsistent contents between the Bidding document and the bid which may lead to disputes or affect the rights and obligations of the parties during contract performance;

b) Negotiate issues that arise during the investor selection process (if any) to finalize the detailed contents of the contract;

c) Negotiate other contents related to the project to have a basis for establishing regulations on rights, obligations, and responsibilities in the contract;

d) Other necessary contents.

5. The investor is not allowed to change, withdraw, or refuse to implement the basic contents proposed in their bid that is evaluated as substantially responsive to the Bidding document by the procuring entity, unless any changes proposed by the investor brings greater efficiency to the project.

6. In case of unsuccessful negotiation and finalization of the contract, the procuring entity shall report to the competent person to consider cancelling the investor selection result and invite the next ranked investor to negotiate and finalize the contract.  In case of successful negotiation and finalization of the contract with the next ranked investor, the procuring entity submits, appraises, approves, and publicizes the investor selection result in accordance with Article 27 and Article 28 of the Decree.  In case of unsuccessful negotiation and finalization of the contract with the next ranked investor, the procuring entity shall report to the competent person to consider cancelling the bid in accordance with Point a, Clause 2, Article 17 of the Law on Bidding.

Article 30. Signing of contracts and posting major information of investment project contracts

1. The signing of investment project contracts is carried out in accordance with Articles 71, 72, 74 and 75 of the Law on Bidding.

2. An investment project contracts includes basic contents as prescribed in Article 73 of the Law on Bidding, Appendix II issued with this Decree and regulations of special laws (if any).

3. Within 5 working days from the effective date of the investment project contract, the procuring entity shall post major information of the contract on VNEPS.  The information to be posted includes:

a) Project name; contract number; time of contract signing;

b) Name and address of the competent authority;

c) Name and address of the investor;

d) Objectives and scale of the project;

dd) Estimated project implementation progress;

e) Project implementation location, area, land use term;

g) Estimated total investment capital;

h) One or more information specified in Point c, Clause 2, Article 18 of this Decree;

i) Other contents (if any).