Chapter VI
DIRECT CONTRACTING
Section 1. DIRECT CONTRACTING OF PPP PROJECTS
Article 70. Preparation for investor selection
1. Making the request for proposals
a) Basis for making the request for proposals:
The request for proposals shall be made in accordance with Clause 1 Article 26 or Clause 1 Article 46 (for PPP projects of Group C) of this Decree.
b) Contents of the request for proposals:
- General information about the project; instructions for investors;
- Requirements of the project according to the project proposal (for PPP projects of group C) or the approved feasibility study reports;
- Proposal evaluation standards, including technical standards, financial - commercial standards, and method of evaluation. It is not required to establish standards for evaluation of investors’ capacity and experience. However, investors must be required to update information about their capacity and experience;
- Bid forms; contract conditions and the draft contract.
- The standards and methods for evaluation of proposals shall comply with Article 27 or Clause 2 and Clause 3 Article 47 (for PPP projects of Group C) of this Decree. Nevertheless, comparison and ranking of investors that satisfy financial - commercial requirements are not required.
2. Appraising and approving the request for proposals:
a) The request for proposals shall be appraised in accordance with Clause 2 Article 82 of this Decree before being approved;
b) The request for proposals shall be approved in writing according to the written request for approval and the appraisal report.
Article 71. Organization of investor selection
1. The request for proposals shall be issued to a pre-determined investor.
2. The investor shall prepare and submit the proposal as requested in the request for proposals.
Article 72. Proposal evaluation and preliminarily contract negotiation
1. The proposal shall be evaluated in accordance with the standards and methods for evaluation written in the request for proposals. During the evaluation, the soliciting entity shall invite the investor to clarify or make necessary adjustment to the proposal.
2. The preliminary contract negotiation shall comply with Clause 4 Article 40 of this Decree, except for projects of group C.
Article 73. Rules for approving successful bidder
An investor shall be considered for selection when all of the conditions below are satisfied:
1. The investor has a valid proposal;
2. The investor is qualified in terms of capacity and experience;
3. The investor satisfies technical requirements;
4. The service price offered by the investor does not exceed the service price determined in the approved feasibility study report or project proposal (for group C projects), is conformable with regulations of law on prices, fees, and charges if service-price-based method is applied; the proposed state investment does not exceed the level determined in the approved feasibility study report or project proposal (for group C projects) if state-investment-based method is applied; the payment to state budget offered is reasonable and total investment in the project is not lower than the level determined in the approved feasibility study report or project proposal (for group C projects) if public-interest-based method is applied.
Article 74. Submission, appraisal, approval, and publishing of direct contracting result
1. The submission, appraisal, approval, and publishing of direct contracting result shall comply with Article 42 of this Decree.
Article 75. Contract negotiation, completion, and conclusion
1. The contract shall be negotiated and completed in accordance with Article 43 of this Decree.
2. The investment agreement and contract shall be concluded in accordance with Article 44 of this Decree.
3. The regard to group C projects, the contract shall be negotiated, completed, and concluded in accordance with Article 55 of this Decree.
Section 2. DIRECT CONTRACTING OF LAND-USING PROJECTS
Article 76. Preparation for investor selection
1. Making the request for proposals:
a) Basis for making the request for proposals:
- The announced list of projects;
- The pre-qualification results (if any);
- The approved investor selection plan;
- Applicable regulations of law on land, housing, real estate trading, investment, construction, and relevant regulations of law.
b) Contents of the request for proposals shall comply with Clause 2 Article 57 of this Decree. However, it is not required to establish standards for evaluation of investors’ capacity and experience. The investor is required to update information about their capacity and experience. The standards and methods for proposal evaluation shall comply with Clause 2 and Clause 3 Article 58 of this Decree. Nevertheless, comparison and ranking of investors that satisfy financial - commercial requirements are not required.
2. Appraising and approving the request for proposals:
a) The request for proposals shall be appraised in accordance with Clause 2 Article 82 of this Decree before being approved;
b) The request for proposals shall be approved in writing according to the written request for approval and the appraisal report.
Article 77. Organization of investor selection
1. The request for proposals shall be issued to a pre-determined investor.
2. The investor shall prepare and submit the proposal as requested in the request for proposals.
Article 78. Proposal evaluation and preliminarily contract negotiation
1. The proposal shall be evaluated in accordance with the standards for evaluation written in the request for proposals. During the evaluation, the soliciting entity shall invite the investor to clarify or make necessary adjustment to the proposal.
2. Preliminary contract negotiation shall comply with Article 66 of this Decree.
Article 79. Rules for approving successful bidder
An investor shall be considered for selection when all of the conditions below are satisfied:
1. The investor has a valid proposal;
2. The investor is qualified in terms of capacity and experience;
3. The investor satisfies technical requirements;
4. The investor’s offered price (A) is not lower than the approved floor price in the request for proposals, the cost of land clearance and compensation (M2) is not lower than m2, and the investment efficiency is reasonable.
Article 80. Submission, appraisal, approval, and publishing of direct contracting result
The submission, appraisal, approval, and publishing of direct contracting result shall comply with Article 68 of this Decree.
Article 81. Contract negotiation, completion, and conclusion
1. The contract shall be negotiated and completed in accordance with Clause 1 and Clause 2 Article 69 of this Decree.
2. The contract conclusion shall comply with Articles 69, 70, 71, and 72 of the Law on Bidding. The selected investor shall commence the execution of the land-using projects in accordance with the contract, regulations of law on investment, construction, and relevant law.
Tìm kiếm
Nghị định 30/2015/NĐ-CP (Bản Pdf)
Nghị định 30/2015/NĐ-CP (Bản Word)