THE MINISTRY OF PLANNING AND INVESTMENT
Pursuant to the Law on bidding No. 43/2013/QH13 dated November 26, 2013;
Decree No. 15/2015/ND-CP dated February 14, 2015 on investment under Public-Private Partnerships form;
Pursuant to Government’s Decree No. 30/2015/ND-CP dated March 17, 2014 on guidelines for the Law on Investment in terms of selection of investors;
Pursuant to the Government's Decree No. 116/2008/ND-CP dated November 14, 2008 defining the functions, tasks, entitlements and organizational structure of the Ministry of Planning and Investment;
At the request of Director of Public Procurement Agency, the Minister of Planning and Investment promulgates a Circular on guidelines for pre-qualification documents, bidding documents for selection of investors carrying out PPP project).
This Circular provides guidelines for pre-qualification documents, bidding documents for PPP projects under scope of regulation prescribed in Clause 3 Article 1 of the Law on bidding No. 43/2013/QH13 as follows:
1. The Form of Pre-qualification Document for selection of investors carrying out PPP projects (Form No. 01) shall be used for PPP projects of national importance, class A and class B.
2. The Form of Pre-qualification Document for selection of investors carrying out PPP projects (Form No. 02) shall be used for PPP projects of national importance, class A and class B consisting of pre-qualification process.
This Circular applies to agencies, organizations, and individuals that participate in or are involved in the selection of investors carrying out PPP projects under the scope of regulation prescribed in Article 1 of this Circular.
1. According to the scope, nature, and section of each project, each Competent Person, Procuring Entity may provide appropriate requirements in consideration of rules of competition, equity, transparency, and economic effectiveness during the process of preparation, evaluation, and approval for Pre-qualification Documents and Bidding Documents; compliance with law on bidding; setting conditions for the purposes of restricting Investors from participation or create advantages for one or multiple investors leading unfair competition.
2. With regard to projects without pre-qualification process prescribed in Clause 2 Article 87 of Decree No. 30/2015/ND-CP dated March 17, 2015, the Bidding Documents shall be made according to the Form No. 02 that is necessarily amended and added requirements for Investor's qualification prescribed in Form No. 01.
3. With regard to class C projects, Bidding Documents shall be made according to Form No. 02 that is added requirements for Investor's qualification prescribed in Form No. 01. If the pre-qualification process is approved to be conducted, the Pre-qualification Document and Bidding Document shall be made according to Form No. 01 and Form No. 02.
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