Chương X Nghị định 30/2015/NĐ-CP: Điều khoản thi hành

Chapter X

IMPLEMENTATION

Article 97. Transitional provisions

1. If the investor selection result of a project is approved before the effective date of this Decree, it is not required to carry out the investor selection again.

2. With regard to pre-qualification documents, bidding documents, and requests for proposals published before January 01, 2014, the investor selection shall be carried out in accordance with Decree No. 108/2009/NĐ-CP dated November 27, 2009, Decree No. 24/2011/NĐ-CP dated April 05, 2011, Decision No. 71/2010/QĐ-TTg dated November 09, 2010, and guiding Circular.

3. With regard to pre-qualification documents, bidding documents, and requests for proposals published from January 01, 2014 until the effective date of this Circular, regulations of the Law on Investment, Decree No. 108/2009/NĐ-CP dated November 27, 2009, Decree No. 24/2011/NĐ-CP dated April 05, 2011, Decision No. 71/2010/QĐ-TTg dated November 09, 2010, and guiding Circular shall apply, provided regulations of the Law on Bidding No. 43/2013/QH13 dated November 26, 2013 are complied with.

Article 98. Effect

This Decree takes effect on May 05, 2015.

Article 99. Instructions on implementation

1. The Ministry of Planning and Investment shall:

a) Compile and issue templates of bidding documents, including the pre-qualification documents, bidding documents, request for proposals (for PPP projects), bidding documents, request for proposals (for land-using projects), and other templates

b) Specify the roadmap for application and provide guidelines for:

- Registration of investor’s information on national bidding network as prescribed in Point d Clause 1 Article 5 of the Law on Bidding;

- Issue practising certificates to individuals that are required to have practising certificates as prescribed in Clause 2 Article 16 and Point c Clause 1 Article 19 of the Law on Bidding;

c) Take charge and cooperate with relevant agencies in developing the national bidding network and the roadmap for application; develop a mechanism for management and operation; provide guidelines for online investor selection;

d) Provide guidelines for other issues of this Decree to meet state management requirements for investor selection bidding.

2. The Ministry of Finance shall provide instructions on costs of the investor selection process.

3. Ministries, ministerial agencies, Governmental agencies, other central agencies, and the People’s Committees of provinces shall:

a) Take charge and cooperate with the Ministry of Planning and Investment in issuing templates of documents for selection of investors in PPP projects of group C;

b) Provide specific instructions on some parts of this Decree within the area of their competence if necessary, provided the principles of this Decree are complied with.

4. Ministers, Heads of ministerial agencies, Presidents of the People’s Committees shall appoint officials in charge of investor selection and appoint a unit specialized in management of investor selection within their competence. Difficulties that arise during the implementation of this Decree should be reported to the Prime Minister for consideration. Ministries, ministerial agencies, the People’s Committees of provinces shall send annual reports on investor selection bidding to the Ministry of Planning and Investment. The Ministry of Planning and Investment shall submit summary reports to the Prime Minister./.