Chương VII Nghị định 30/2015/NĐ-CP: Nội dung thẩm định và phân cấp trách nhiệm thẩm định, phê duyệt trong lựa chọn nhà đầu tư

Chapter VII

EVALUATION CONTENTS, POWERS TO APPRAISE AND GRANT APPROVAL

Article 82. Evaluating pre-qualification documents, bidding documents, request for proposals

1. Evaluating pre-qualification documents

a) An application for appraisal and approval consists of:

- The written request for approval for the pre-qualification documents of the soliciting entity;

- Draft pre-qualification documents;

- Photocopies of documents being the basis for pre-qualification;

- Relevant documents.

b) Evaluation contents:

- Inspect documents being the basis for making the pre-qualification documents;

- Inspect the conformity of the pre-qualification documents with the scale, targets, tasks, duration of the project; conformity with regulations of law on bidding and relevant laws;

- Consider conflicting opinions between the entities participating in the making of the pre-qualification documents;

- Relevant tasks.

c) An appraisal report include:

- Summary of the project, legal basis for making the pre-qualification documents;

- Comments of the appraising unit about the legal basis, conformity with regulations of law on biding and relevant laws; assenting or dissenting opinions about the draft pre-qualification documents;

- Proposals of the appraising unit about approval for the pre-qualification documents; actions to be taken if the pre-qualification documents is not conformable with regulations of law on biding and relevant laws; solutions for lack of foundations for approving the pre-qualification documents;

- Other comments (if any).

d) Before signing the appraisal report, the appraising unit shall hold a meeting with parties to settled unresolved issues if necessary.

2. Appraising bidding documents/request for proposals

a) An application for appraisal and approval consists of:

- The written request for approval for the bidding documents/request for proposals of the soliciting entity;

- The draft bidding documents or draft request for proposals;

- Photocopies of the Decision on approval for investor selection plan, Approval for pre-qualification result (if any);

- Relevant documents.

b) Appraisal contents:

- Examine documents being the basis for making the bidding documents/request for proposals;

- Inspect the conformity of the bidding documents/request for proposals with the scale, targets, tasks, duration of the project; conformity with regulations of law on bidding and relevant laws;

- Consider conflicting opinions between the entities participating in the making of the bidding documents/request for proposals;

- Relevant tasks.

c) An appraisal report include:

- Summary of the project, legal basis for making the bidding documents/request for proposals;

- Comments of the appraising unit about the legal basis, conformity with regulations of law on biding and relevant laws; assenting or dissenting opinions about the draft bidding documents/request for proposals;

- Proposals of the appraising unit about approval for the bidding documents/request for proposals; measures to be taken if the bidding documents/request for proposals is not conformable with regulations of law on biding and relevant laws; solutions for lack of foundations for approving the bidding documents/request for proposals;

- Other comments (if any).

d) Before signing the appraisal report, the appraising unit shall hold a meeting with parties to settled unresolved issues if necessary.

Article 83. Appraising the pre-qualification result, list of investors that satisfy technical requirements, and investor selection result

1. General principles:

a) The pre-qualification result, list of investors that satisfy technical requirements, and investor selection result must be appraised before approval;

b) With regard to projects that follow single-envelope procedures, only the investor selection result shall be appraised;

c) With regard to projects that apply two-envelope method, the list of investors that satisfy technical requirements must be appraised before being approved;

d) The list of investor rankings shall not be appraised before approval. It shall be approved at the request of the soliciting entity;

dd) Before signing the appraisal report, the appraising unit may hold a meeting with parties to settled unresolved issues if necessary.

2. Appraising pre-qualification result:

a) An application for appraisal consists of:

- A report on pre-qualification application evaluation result;

- The soliciting entity’s report on evaluation of pre-qualification applications, specifying the soliciting entity’s opinions about the comments and proposals of the group of exerts

- Photocopies of the pre-qualification documents, bid closing record, bid opening record, pre-qualification applications of investors, and relevant documents.

b) Appraisal contents:

- Inspect documents being the basis for pre-qualification;

- Inspect the adherence to deadlines during the pre-qualification;

- Inspect the adherence to regulations of the pre-qualification documents and law on bidding during the pre-qualification.

c) An appraisal report include:

- Summary of the project, legal basis for investor selection;

- Summary of the implementation and recommendations of the submitting agency about the pre-qualification result;

- Comments about adherence to regulations of law on bidding and relevant laws during the pre-qualification;

- Assenting or dissenting opinions about the pre-qualification result; actions against failure to comply with regulations of law on bidding during pre-qualification or measures for lack of basis for conclusion of the pre-qualification result;

- Comments of the appraising unit about assurance of competitiveness, fairness, and transparency during the pre-qualification;

- Recommendations and proposals of the appraising unit;

- Other comments.

3. Appraising the list of investors that satisfy technical requirements:

a) An application for appraisal consists of:

- The soliciting entity’s written request for approval for technical proposal evaluation result;

- A report on technical proposal evaluation result;

- Photocopies of the bidding documents, bid closing record, bid opening record, technical proposals of investors, and relevant documents.

b) Appraisal contents:

- Inspect the evaluation of technical proposals; adherence to regulations of law on bidding and relevant laws during the evaluation of technical proposals;

- Relevant tasks.

c) An appraisal report consists of:

- Summary of the investor selection process from shortlisting (if any) to submission of the list of investors that satisfy technical requirements;

- Comments about adherence to regulations of law on bidding and relevant laws during the investor selection process;

- Comments of the appraising unit about assurance of competitiveness, fairness, and transparency during the investor selection process;

- Recommendations for the soliciting entity and group of experts;

- Assenting or dissenting opinions about the result of technical proposal evaluation; actions against failure to comply with regulations of law on bidding during the investor selection process or measures for lack of basis for giving conclusion about the result of technical proposal evaluation;

- Other comments.

4. Appraising the investor selection result:

a) An application for appraisal consists of:

- The soliciting entity’s written request for approval for the investor selection result;

- A report on result of evaluation of bid-envelopes and proposals;

- The preliminary contract negotiation record;

- Photocopies of the bidding documents, request for proposals, bid closing record, bid opening record, bid-envelopes, proposals submitted by investors, and relevant documents.

b) Appraisal contents:

- Inspect the conformity of the bidding documents/request for proposals with regulations; conformity with regulations of law on bidding and relevant laws;

- Inspect the adherence to deadlines during the contract negotiation and completion;

- Inspect the adherence to regulations of law on submission of investor selection result.

c) An appraisal report consists of:

- Summary of the project, legal basis for investor selection;

- Summary of the whole investor selection process from shortlisting (if any) to submission of the investor selection result;

- Comments about adherence to regulations of law on bidding and relevant laws during the investor selection process;

- Comments of the appraising unit about assurance of competitiveness, fairness, and transparency during the investor selection process;

- Recommendations for the soliciting entity and group of experts;

- Assenting or dissenting opinions about the investor selection result; actions against failure to comply with regulations of law on bidding during the investor selection process or measures for lack of basis for giving conclusion about the investor selection result;

- Other comments.

Article 84. Responsibilities of Ministers, Heads of ministerial agencies, Governmental agencies, other central agencies, and President of the People’s Committees of provinces

1. With regard to PPP projects of which the investor selection plans and investor selection results are approved by the Prime Minister and that they are not the soliciting entity:

a) Offer opinions in writing about the investor selection plan and investor selection result;

b) Perform other tasks delegated by the Prime Minister.

2. With regard to PPP projects of which the investor selection plans are approved by the Prime Minister and that they are the soliciting entity:

a) Consider approving the pre-qualification documents, pre-qualification results, bidding documents, requests for proposals, and the lists of investors that satisfy technical requirements;

b) Sign and manage the execution of contracts with the selected investors;

c) Perform other tasks of the soliciting entity prescribed in Article 75 of the Law on Bidding.

3. With regard to PPP projects and land-using projects under their management:

a) Consider approving the investor selection plans and investor selection results;

b) Consider approving the pre-qualification documents, pre-qualification results, bidding documents, requests for proposals, and the lists of investors that satisfy technical requirements, or authorize the head of the soliciting entity to grant such approval;

c) Perform other tasks of the competent person prescribed in Article 73 of the Law on Bidding;

d) With regard to land-using projects, President of the People’s Committee of the province shall appoint the relevant provincial Department or an equivalent provincial agency to act as the soliciting entity.

Article 85. Responsibilities of Presidents of the People’s Committees of districts

1. With regard to PPP projects and land-using projects and that they are the soliciting entity:

a) Perform other tasks of the soliciting entity prescribed in Article 75 of the Law on Bidding;

b) Perform other tasks delegated by superior authorities.

2. With regard to PPP projects under their management:

a) Consider approving the investor selection results;

b) Consider approving the pre-qualification documents, pre-qualification results, bidding documents, requests for proposals, and the lists of investors that satisfy technical requirements, and investor selection results;

c) Perform other tasks of the competent person prescribed in Article 73 of the Law on Bidding.

Article 86. Responsibilities of appraising units

1. The Ministry of Planning and Investment is responsible for approval for:

a) The investor selection plans and investor selection results within the competence to approve of the Prime Minister;

b) The investor selection plans in special cases decided by the Prime Minister as prescribed in Article 26 of the Law on Bidding and other cases at the request of the Prime Minister;

c) Projects eligible for direct contracting within the competence to decide of the Prime Minister as prescribed in Point c Clause 3 Article 9 of this Decree.

2. The provincial Departments of Planning and Investment are responsible for approval for:

a) Investor selection plans of the projects under the management of the President of the People’s Committee of the province;

b) Pre-qualification documents, pre-qualification results, bidding documents, requests for proposals, and the lists of investors that satisfy technical requirements, and investor selection results of the projects under the management of President of the People’s Committees of provinces.

3. Organizations and agencies appointed by Ministers, Heads of ministerial agencies, Governmental agencies, other central agencies are responsible for appraisal for:

a) Investor selection plans of the projects under the management of Ministers, Heads of ministerial agencies, Governmental agencies, other central agencies;

b) Pre-qualification documents, pre-qualification results, bidding documents, requests for proposals, and the lists of investors that satisfy technical requirements, and investor selection results of the projects under the management of Ministers, Heads of ministerial agencies, Governmental agencies, other central agencies.

4. Planning and Finance Departments of districts are responsible for approval for investor selection plans, pre-qualification documents, pre-qualification results, bidding documents, requests for proposals, the lists of investors that satisfy technical requirements, and investor selection results of projects under the management of Presidents of the People’s Committees of districts or authorized persons.