Chương X Nghị định 23/2024/NĐ-CP: Điều khoản thi hành

Chapter X

IMPLEMENTATION

Article 64. Amendment to Clause 3, Article 5 of Decree No. 52/2020/ND-CP dated April 27, 2020 of the Government on investment in construction and business of golf courses

“3. The form of investor selection for golf course project is determined in accordance with the law on investment, land and relevant laws.”

Article 65. Transitional regulations

1. If a project which is subject to investment guideline approval by a competent authority or is subject to project portfolio approval (if not subject to investment guideline approval) has not established investor capacity and experience requirements by the time Bidding Law No. 22/2023/QH15 takes effect, the following transitional regulations will apply.

a) Projects utilizing an Expression of Interest (EOI) process under this Decree must follow the EOI invitation and request procedures outlined in the Law on Bidding No. 22/2023/QH15 and this Decree;

b) Projects not utilizing an Expression of Interest (EOI) process under this Decree must follow the bidding for investor selection procedures outlined in the Law on Bidding No. 22/2023/QH15 and this Decree.

2. If a project issued an EOI invitation before Bidding Law No. 22/2023/QH15 took effect, but the project registration applications have not been approved by the effective date of the Bidding Law, then evaluate them based on the investor capacity and experience requirements, along with relevant regulations, which were in effect when those requirements were approved. After obtaining the preliminary assessment results of capacity, experience, follow one of the following cases:

a) For projects in industries and fields lacking legal documents on investor selection before Bidding Law No. 22/2023/QH15 and this Decree take effect, prepare, appraise, and approve bidding documents and take next procedures prescribed in the Law on Bidding No. 22/2023/QH15 and this Decree;

b) For projects in industries and fields that have had legal documents on investor selection before the time Bidding Law No. 22/2023/QH15 and this Decree take effect, competent authorities can continue using those documents if the managing ministries have not issued new ones. However, they also have the option to follow the procedures outlined in the Law on Bidding No. 22/2023/QH15 and this Decree.

3. If a project has had preliminary assessment results of the investor's capacity and experience approved, but the bidding document is not issued by the time Bidding Law No. 22/2023/QH15 takes effect, then follow one of the following cases:

a) For projects in industries and fields lacking legal documents on investor selection before Bidding Law No. 22/2023/QH15 and this Decree take effect, prepare, appraise, and approve bidding documents and take next procedures prescribed in the Law on Bidding No. 22/2023/QH15 and this Decree;

b) For projects in industries and fields that have had legal documents on investor selection before the time Bidding Law No. 22/2023/QH15 and this Decree take effect, competent authorities can continue using those documents if the managing ministries have not issued new ones. However, they also have the option to follow the procedures outlined in the Law on Bidding No. 22/2023/QH15 and this Decree.

4. If a project has issued a Bidding document but the bid evaluation result has not been approved by the time Bidding Law No. 22/2023/QH15 takes effect, then continue evaluating the bids according to the Bidding document, along with relevant regulations, which are in effect at the time of approval for the Bidding document. The signing and performance of the contract shall be carried out in accordance with the law in effect at the time of approval for the Bidding document.

5. A project that has already obtained an investment guideline approval (if the project is subject to investment guideline approval), or obtained a project portfolio approval (if the project is not subject to investment guideline approval), or issued the Bidding document, or received investor selection result with a cost refund provision (as per the Law on Bidding No. 43/2013/QH13), can continue following the approved refund principles.

6. For golf courses requiring investment guideline approval with investor selection through bidding (as per the Law on Bidding), if no EOI request or investor capacity/experience requirements are established by the time Bidding Law No. 22/2023/QH15 takes effect, halt investor selection procedures outlined in Article 64 of the Decree. If investor capacity/experience requirements or Bidding documents have been issued before the date of this Decree takes effect, continue to comply with Clauses 2, 3 or 4 of this Article.

7. Projects not covered by transitional provisions (Clauses 1-6) implemented between January 1, 2024 and the effective date of this Decree and in accordance with the Law. Bidding No. 22/2023/QH15 and the special laws are not required to re-implement corresponding provisions from this Decree.

Article 66. Entry into force

1. This Decree comes into force from the date of signing.

2. From the effective date of this Decree, Point c, Clause 1, Article 1 and Article 16 of Decree No. 25/2020/ND-CP dated February 28, 2020 of the Government on elaboration and implementation of the Law on Bidding on investor selection, Clause 7, Article 108 of Decree No. 31/2021/ND-CP dated March 26, 2021 of the Government on elaboration and implementation of the Law on Investment cease to be effective.

3. If a special law mandates project bidding after this Decree's effective date, investor selection must follow the procedures outlined in the Law on Bidding and this Decree. The methods and criteria for evaluating the project registration application, the Bidding document, and any other relevant aspects should comply with the special law. This ensures the bidding process remains competitive, fair, transparent, economically efficient, and accountable.

Article 67. Implementation

1. The Minister of Planning and Investment promulgates forms and documents in the process of selecting investors non-electronically and electronically.

2. Ministers shall:

a) Review existing legal documents related to investor selection procedures for investment projects within their scope of management. These documents should be promptly amended, supplemented, or replaced to ensure they fully comply with the Law on Bidding No. 22/2023/QH15 and this Decree;

b) Review and assess the following: standards and criteria used to evaluate investor business investment plans, standards and criteria used to evaluate the effectiveness of investments in developing the industry or field, and implementation of investment project contracts. Based on this assessment, where necessary, the Minister can issue or request a competent authority to issue a document outlining appropriate enforcement measures specific to the industry or field being managed.

3. Ministers, heads of ministerial-level agencies, heads of Governmental agencies, Presidents of People’s Committees of provinces and central-affiliated cities shall implement this Decree.