Chương 3 Nghị định 45/2023/NĐ-CP hướng dẫn luật dầu khí: Danh mục lô dầu khí, lựa chọn nhà thầu để ký kết hợp đồng dầu khí

Chapter III

LIST OF OIL BLOCKS, SELECTION OF CONTRACTORS FOR SIGNING OF PETROLEUM CONTRACTS

Article 12. Documents, procedures for assessment and approval for list of oil blocks

1. Pursuant to Article 7 of the Law on Petroleum, the PVN shall develop new lists of oil blocks or revised list of oil blocks and submit 2 sets of documents (1 set of original documents and 1 set of copies) to the Ministry of Industry and Trade directly or via post service for assessment. The documents consist of:

a) Written request for approval of new lists of oil blocks or revised lists of oil blocks;

b) Information on new oil blocks or adjustment to oil blocks, including name, coordinates, and area;

c) Other relevant documents.

2. Within 5 working days from the date on which adequate documents are received, the Ministry of Industry and Trade shall send written request for feedback to Ministry of Natural Resources and Environment, Ministry of Planning and Investment, Ministry of Finance, Ministry of National Defense, Ministry of Foreign Affairs, Ministry of Public Security, Ministry of Transport, Ministry of Construction, and relevant ministries, central departments, local governments.

3. Within 15 days from the date on which written request for feedback sent by the Ministry of Industry and Trade is received, ministries, central departments, and local governments must send written feedback within their competence to the Ministry of Industry and Trade.

4. Within 45 days from the date on which adequate documents are received, the Ministry of Industry and Trade shall assess and finalize new lists of oil blocks or revised lists of oil blocks and request the Prime Minister to consider and approve. The documents consist of:

a) Written presentation of assessment results and request for approval of new lists of oil blocks or revised lists of oil blocks to be sent to the Prime Minister;

b) Documents under Clause 1 of this Article;

c) Consolidated report on acknowledgement and presentation of feedback of ministries, central departments, and copies of written feedback of ministries and central departments.

Article 13. Documents and procedures for assessment and approval of plans for selecting contractors to sign petroleum contracts

1. Pursuant to Point a Clause 1 Article 24 of the Law on Petroleum, the PVN shall produce plans for selecting contractors to sign petroleum contracts and submit 2 sets of documents (1 set of original documents and 1 set of copies) to the Ministry of Industry and Trade directly or via post service for assessment. The documents consist of:

a) Written request for approval of plans for selecting contractors to sign petroleum contracts;

b) Plans for selecting contractors to sign petroleum contracts, including main details specified under Clause 2 Article 17 of the Law on Petroleum and reasons for selecting contractors for each available oil blocks; list of contractors invited in case of limited bidding or shopping; proposed types of petroleum contracts and reasons for proposing types of petroleum contracts; financial, technical capability and experience required to participate in bidding; draft bidding documents, draft shopping documents, request for proposal of direct contracting in accordance with Points a and b Clause 1 Article 21 of the Law on Petroleum;

c) Other relevant documents.

2. Assessment of plans for selecting contractors to sign petroleum contracts means to examine, assess primary contents of the plans for selecting contractors in accordance with Clause 2 Article 17 of the Law on Petroleum.

3. Within 5 working days from the date on which adequate documents are received, the Ministry of Industry and Trade shall send request for feedback to Ministry of Planning and Investment, Ministry of Finance, Ministry of Justice, Ministry of National Defense, Ministry of Foreign Affairs, Ministry of Public Security, and relevant ministries and central departments.

4. Within 15 days from the date on which written request for feedback sent by the Ministry of Industry and Trade is received, ministries and central departments must send written feedback within their competence to the Ministry of Industry and Trade.

5. Within 45 days from the date on which adequate documents are received, the Ministry of Industry and Trade shall assess plans for selecting contractors to sign petroleum contracts and request the Prime Minister to consider and approve. The documents consist of:

a) Written presentation of assessment results and written request for approval of plans for selecting contractors to sign petroleum contract to be sent to the Prime Minister;

b) Documents under Clause 1 of this Article;

c) Consolidated report on acknowledgement and presentation of feedback of ministries, central departments, and copies of written feedback of ministries and central departments.

6. This Article does not apply to direct contracting in accordance with Clause 2 Article 40 of the Law on Petroleum.

Article 14. Notice to bidders, notice to shopping

1. Notice to bidders shall be posted for 5 consecutive days on 5 daily newspaper and uploaded on 5 reputable websites, including at least 1 newspaper in English published in domestic information network or 1 newspaper in both Vietnamese and English published in foreign information network. Notice to bidders can be sent directly to organizations and individuals interested in oil blocks or via websites specializing in providing information on worldwide petroleum-related events.

2. Notice to shopping shall be sent directly to organizations and individuals interested in oil blocks to which shopping is applied.

3. Notice to bidders and notice to shopping consist of:

a) Information on available oil blocks for bidding or shopping;

b) List of documents allowed to be accessed and other relevant information;

c) Period for reviewing documents;

d) Relevant documents and schedules (if any).

Article 15. Bid registration

1. Bidders shall send bid registration to the PVN. Registration deadline shall be 45 days from the last day in which notice to bidders is uploaded or the last day in which notice to shopping is uploaded.

2. Upon bid registration, bidders must provide brief summary regarding their financial capability, technical capability, and potential establishment of contractor consortium (if any) and other information as required under notice to bidders or notice to shopping.

3. Upon receiving bid registration, if bidders satisfy requirements under Article 16 of the Law on Petroleum, they shall receive bidding documents or shopping documents and shall be permitted to access documents according to the list publicized under notice to bidders or notice to shopping.

Article 16. Issuance of bidding documents, shopping documents, request proposals

1. The PVN shall prepare bidding documents in case of open bidding or limited bidding, competitive bidding documents in case of shopping or request for proposals in case of direct contracting and issue to bidders.

2. Bidding documents consist of:

a) Basic economic and technical indicators of petroleum contracts, including: profit oil, profit gas ratio; minimum work obligations and minimum expenditure obligations; participating interests of PVN or branch companies affiliated to the PVN designated to participate as contractors; the right to participate of host countries (via PVN) upon initial discovery in area covered under petroleum contracts (if applicable); cost recovery percentage; other financial obligations (commissions, training costs, donation to fund for scientific research and development of petroleum technology); severance tax, corporate income tax, export duties of crude oil (including condensates) and natural gas, other taxes, fees, and charges payable in accordance with tax, fee, charge laws;

b) Requirements pertaining to financial, technical capabilities and experience in implementing petroleum operations and documents on establishment of contractor consortium (if any);

c) Criteria for selecting contractors and bid evaluation solutions in accordance with Article 18 hereof;

d) Period of contractor selection and other details pertaining to procedures for contractor selection;

dd) Basic documents and information on oil blocks;

e) Legal documents of bidders: certificate of operation registration, operating charters, financial statements of the latest 3 years or guarantee of parent companies of bidders that are organizations; Citizen ID Card or passport of bidders that are individuals and other relevant documents of bidders or each participant of bidder consortium (except for cases of selecting contractors to sign petroleum contracts in accordance with Article 40 of the Law on Petroleum);

g) Instructions for bidders;

h) Applicable or proposed petroleum contract form;

i) Bid security requirements (if necessary) using defined form, including details regarding format, value, and term of bid security;

k) Initial assessment regarding petroleum potentials of relevant oil blocks;

l) Other relevant documents.

3. Notice to shopping shall contain items specified under Points a, b, c, dd, e, g, h, i, k, and l Clause 2 of this Article.

4. Request for proposals for direct contracting shall contain items specified under Points a, b, c, dd, e, g, h, i, k, and l Clause 2 of this Article and provisions carried over from effective petroleum contracts to new petroleum contracts (if any) for cases of direct contracting in accordance with Point c Clause 1 Article 21 of the Law on Petroleum.

Article 17. Receipt of bid, competitive bidding documents, proposals; bid opening and management of bid

1. Bidders shall send bid in case of open bidding, limited bidding, or competitive bidding documents in case of shopping or proposals in case of direct contracting to the PVN within the time limit specified under bidding documents or shopping documents or request for proposals. The PVN shall decide on time limit for submission of bid or competitive bidding documents or proposals and specify under notice documents. The time limit must not exceed 120 days from the date on which bidding documents or shopping documents or request for proposals is issued.

2. Bids and competitive bidding documents and proposals shall

a) be produced in accordance with bidding documents, shopping documents, request for proposals;

b) be legitimate if bidding documents, shopping documents, or request for proposals meet corresponding requirements, are submitted within the time limit and via specified means.

3. Bid opening and management of bids or competitive bidding documents or proposals

a) Bid opening must conform to time and format regulations under bidding documents or shopping documents or request for proposals;

b) Participant compositions of bid opening include representatives of PVN, Ministry of Industry and Trade, Ministry of Public Security, relevant ministries, central departments (if necessary), and representatives of bidders;

c) Bids or competitive bidding documents or proposals that have been opened must be managed under confidential principles in accordance with state secret protection laws throughout contractor selection process;

d) Any additional documents submitted by bidders to bids or competitive bidding documents or proposals after bid opening date shall be illegitimate, except for additional documents under Clause 3 Article 19 hereof.

Article 18. Criteria for selecting contractors and methods for evaluating bids, competitive bidding documents, and proposals

1. Criteria for selecting contractors include:

a) Criteria regarding capacity and experience of contractors, including: technical and financial capacity, available funding sources for execution of petroleum operations; experience in executing petroleum operations, petroleum contracts (in case of contractor consortium, capacity and experience of contractors shall be determined by the sum of capacity and experience of members of contractor consortium); relevant contracts and agreements that have been and are being implemented (if any);

b) Criteria regarding technical conditions appropriate to each oil block include: minimum work obligations (new seismic acquisition, reprocessing of seismogram, quantity of wells); field development and extraction obligations; methods of implementation and optimal technology for petroleum operations that fulfill of requirements pertaining to environmental protection and reduction of carbon dioxide emission;

c) Criteria regarding economic conditions appropriate to each oil block, including: taxes conforming to tax laws and surcharges when oil price surges; host country’s profit oil, profit gas ratio; participating interests of host country (via the PVN) upon making first commercial discovery within the area covered by petroleum contracts (if applicable); participating interests of PVN or subsidiaries thereof when designated to participate as contractors; percentage of costs recovered; financial commitment corresponding to minimum work obligations; commitment to other financial obligations (commissions, training costs, donations to petroleum scientific research and technology development fund).

2. Solutions for evaluating bids, competitive bidding documents, and proposals include:

a) Regarding capacity and experience criteria: assess whether each criterion is satisfactory or not satisfactory;

b) Regarding technical condition criteria appropriate to each oil block: assess fulfillment of minimum work obligations and score on a scale of 100;

c) Regarding economic condition criteria appropriate to each oil block: score on a scale of 100;

d) Total results: total scores will be determined as follows: Total scores = Total score of technical condition criteria multiplied (x) by weighing factor of technical condition criteria plus (+) Total score of economic condition criteria multiplied (x) by weighting factor of economic condition criteria. Where minimum weighting factor of technical condition criteria is 0,3 depending on specific characteristics of each oil block; weighting factor of technical condition criteria plus (+) weighting factor of economic condition criteria equal (=) 1;

dd) Bidders shall be awarded with contracts when they achieve all results below: “satisfactory” capacity and experience; requirements regarding minimum work obligations are met and total score of technical condition criteria meet minimum level according to bidding documents; total score of economic condition criteria meet minimum level according to bidding documents; total score under Point d Clause 2 of this Article is the highest.

3. When producing bidding documents, shopping documents, or request for proposals, the PVN shall develop and approve criteria for selecting contractors, solutions for evaluating bids, competitive bidding documents, and proposals appropriate to specific characteristics of each oil block.

Article 19. Evaluating bids, competitive bidding documents, and proposals

1. The PVN shall establish expert teams to evaluate bids or competitive bidding documents or proposals. Expert teams consist of individuals with capacity, experience, and training certificates pertaining to bidding in accordance with bidding laws and operate within principles promulgated by the PVN.

2. Evaluation of bids or competitive bidding documents or proposals must be based on criteria for contractor selection and evaluation solutions under contractor selection plans and approved bidding documents, shopping documents, or request for proposals.

3. The PVN may request bidders to clarify bids or competitive bidding documents or request for proposals in writing. Within 5 days from the date on which request sent by the PVN is received, bidders must provide written response. Clarification of bids or competitive bidding documents or request for proposals means to provide explanation for requested contents without altering main contents of the bids or competitive bidding documents or request for proposals.

4. Bid evaluation shall be conducted within 30 days from the date on which bid opening is implemented.

Article 20. Documents and procedures for assessment and approval of contractor selection results to sign petroleum contracts

1. Within 15 days from the date on which contractor selection results are assessed, PVN shall submit 2 sets of documents (1 set of original documents and 1 set of copies) to the Ministry of Industry and Trade directly or via post service to request for approval of contractor selection results to sign petroleum contracts. The documents consist of:

a) Presentation of bid evaluation results and proposed contractors to sign petroleum contracts together with economic and technical conditions of petroleum contracts;

b) Bidding documents or shopping documents or request for proposals;

c) Bids, competitive bidding documents, or request for proposals;

d) Record of bid opening;

dd) Record of contractor assessment, scoring sheets;

e) Documents of PVN requesting clarification to bids or shopping documents or request for proposals and written response of bidders (if any);

g) Other relevant documents.

2. Assessment of contractor selection results to sign petroleum contracts includes:

a) Assessment of the basis of contractor selection process;

b) Assessment of compliance with time regulations during contractor selection process;

c) Assessment of appropriateness of assessment solutions and contractor selection criteria;

d) Assessment of compliance with the law during evaluation of bids, competitive bidding documents, and request for proposals;

dd) Consideration of different opinions (if any) of expert teams;

e) Other relevant details.

3. Within 5 working days from the date on which adequate documents are received, the Ministry of Industry and Trade shall send written request to the Ministry of Planning and Investment, Ministry of Finance, Ministry of Justice, Ministry of National Defense, Ministry of Foreign Affairs, Ministry of Public Security, Committee for Management of State Capital at Enterprises (if PVN participates in petroleum contracts as contractors), and relevant ministries, central departments to provide feedback.

4. Within 15 days from the date on which written request for feedback sent by the Ministry of Industry and Trade is received, ministries and central departments must send written feedback within their competence to the Ministry of Industry and Trade.

5. Within 45 days from the date on which adequate documents are received, the Ministry of Industry and Trade shall assess contractor selection results to sign petroleum contracts and request the Prime Minister to consider and approve. The documents consist of:

a) Written presentation of assessment results and written request for approval of contractor selection results to sign petroleum contract to be sent to the Prime Minister;

b) Documents under Clause 1 of this Article;

c) Consolidated report on acknowledgement and presentation of feedback of ministries, central departments, and copies of written feedback of ministries and central departments.

6. Within 15 days from the date on which written approval for contractor selection results sent by the Prime Minister is received, the PVN shall inform bidders about contractor selection results, basic economic and technical conditions of petroleum contracts, and plans for negotiating petroleum contracts.

7. Within 90 days from the date on which notice on contractor selection results sent by the PVN is received, contractors and PVN must finish negotiating petroleum contracts. If details of draft petroleum contracts have not been agreed upon within the aforementioned time limit, the PVN shall file reasons for disagreement and proposed negotiation time limit to the Ministry of Industry and Trade.