Chapter VII
MATTERS TO BE APPRAISED AND RESPONSIBILITIES FOR APPRAISAL AND APPROVAL DURING THE INVESTOR SELECTION PROCESS
Article 52. Appraisal of the Bidding document
1. Documents submitted for appraisal and approval include:
a) Proposal for approval for the Bidding document from the procuring entity;
b) The Draft Bidding document;
c) Photocopies of documents: 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);
d) Other documents in accordance with special laws and relevant laws.
2. Matters to be appraised include:
a) The legal bases and documents as a basis for preparing the Bidding document;
b) The compatibility of the content of the Bidding document with the scale, objectives, scope of work, and project implementation duration; the conformity of the Bidding document with the provisions of the law on bidding and other relevant laws;
c) Different opinions (if any) between organizations and individuals participating in preparing the Bidding document;
d) Other related contents.
3. Contents of the appraisal report include:
a) Overview of project information and legal bases for preparing the Bidding document;
b) Summarize opinions of relevant agencies and departments (if any);
c) Comments and opinions of the appraisal team on the matters specified in Clause 2 of this Article; agreement or disagreement on the content of the Draft Bidding document;
d) Proposals and recommendations of the appraisal team on approval for the Bidding document; proposed solutions in case the Bidding document contains content that does not comply with the law on bidding and other relevant laws; recommendations in case there is not enough basis to approve the Bidding document;
dd) Other opinions (if any).
4. Before signing the appraisal report, the appraisal team holds a meeting between the parties to discuss and resolve issues in the Bidding document that remain controversial (if necessary).
Article 53. Appraisal of investor selection result
1. Documents submitted for appraisal and approval include:
a) Proposal for approval for investor selection result from the procuring entity;
b) Report on the bid evaluation result from the expert team;
c) Photocopies of documents: The Bidding document, bid closing and bid opening records, bids of investors and other relevant documents.
2. Matters to be appraised include:
a) Check documents that are the basis for organizing bidding for investor selection;
b) Check compliance with time regulations during the process of organizing bidding for investor selection;
c) Check the evaluation of bids; compliance with regulations of the law on bidding and other relevant laws during the evaluation of bids;
d) Consider different opinions (if any) between the procuring entity and the expert team; between individuals in the expert team;
dd) Other related contents.
3. Contents of the appraisal report include:
a) Overview of project information and legal basis for organizing bidding for investor selection;
b) Summary of the implementation process and the procuring entity's request for investor selection result;
c) Summarize opinions of related agencies and departments (if any);
d) Comments and opinions of the appraisal team on the matters specified in Clause 2 of this Article; some observations on how well the investor selection process achieved the goals of competition, fairness, transparency, economic efficiency, and accountability; agreement or disagreement on the investor selection result;
dd) Proposals and recommendations of the appraisal team on approving the investor selection result; propose solutions in case of non-compliance with the provisions of the law on bidding and other relevant laws during the bidding process to select investors; recommendations in case there is not enough basis to approve the investor selection result;
e) Other opinions (if any).
Article 54. Responsibilities of Ministers, heads of ministerial-level agencies, Presidents of the Provincial People's Committees, Heads of the Economic Zone Management Boards
1. Approve the results of invitation for EOIs and investor selection results.
2. Approve EOI requests.
3. Approve the Bidding document or authorize heads of agencies under ministries or ministerial-level agencies; specialized agencies, agencies under the Provincial People's Committee, Economic Zone Management Board; district-level People's Committees to approve the Bidding document.
4. Perform other tasks falling within the responsibilities of the competent persons specified in Article 77 of the Law on Bidding.
Article 55. Responsibilities of heads of agencies under ministries and ministerial-level agencies; specialized agencies, agencies under the Provincial People's Committees, Economic Zone Management Boards; District-level People's Committees
1. Perform tasks under the responsibilities of the procuring entity as prescribed in Article 79 of the Law on Bidding; approve the list of technically-responsive investors.
2. Perform tasks under the responsibilities of the EOI requester as prescribed in Clause 4, Article 36 of this Decree.
3. Perform other tasks on investor selection as authorized by competent authorities.
Article 56. Responsibilities of the appraisal team
1. The Department of Planning and Investment shall appraise the following:
a) The Bidding document of a project to which the President of the Provincial People's Committee is the competent person, except for the case specified in Clause 3 of this Article;
b) The investor selection result of a project to which the President of the Provincial People's Committee is the competent person.
2. Agencies and units assigned by the Minister, head of ministerial-level agency, Head of Economic Zone Management Board shall appraise the following:
a) The Bidding document of a project to which the Minister, head of ministerial-level agency, Head of Economic Zone Management Board is the competent person, except for the case specified in Clause 3 of this Article;
b) The investor selection result of a project to which the Minister, head of ministerial-level agency, or Head of the Economic Zone Management Board is the competent person.
3. In case the procuring entity is authorized to approve the Bidding document in accordance with Point d, Clause 2, Article 79 of the Law on Bidding and Clause 3, Article 54 of this Decree, the procuring entity shall establish an appraisal team or assign an affiliated unit to appraise the Bidding document.
4. In case the organization or individual assigned to appraise does not have enough capacity, then choose a consulting organization with sufficient capacity and experience to do the appraisal.
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