Circular 32/2025/TT-BCT amend Circular 27/2024/TT-BCT defining criteria for evaluation of bid dossiers in energy works

CIRCULAR

Amending and supplementing a number of articles of the Minister of Industry and Trade's Circular No. 27/2024/TT-BCT dated November 21, 2024, defining criteria for evaluation of bid dossiers and forms of dossiers for bidding for selection of investors to implement projects on investment in energy works

Pursuant to the Bidding Law dated June 23, 2023;

Pursuant to the Electricity Law dated November 30, 2024;

Pursuant to the Law Amending and Supplementing a Number of Articles of the Planning Law, Law on Investment, Law on Investment in the Form of Public-Private Partnership and Bidding Law dated November 29, 2024;

Pursuant to the Government's Decree No. 40/2025/ND-CP, dated February 26, 2025, defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;

Pursuant to the Government’s Decree No. 115/2024/ND-CP dated September 16, 2024, detailing a number of articles of and measures to implement the Bidding Law regarding selection of investors to implement land-using investment projects;

Pursuant to the Government’s Decree No. 56/2025/ND-CP dated March 3, 2025, detailing a number of articles of the Electricity Law on electricity development master plan, electricity supply network development plan, investment in construction of electricity projects and bidding for selection of investors for electricity business investment projects;

At the proposal of the Director of the Electricity Authority of Vietnam;

The Minister of Industry and Trade hereby promulgates the Circular amending and supplementing a number of articles of the Minister of Industry and Trade's Circular No. 27/2024/TT-BCT dated November 21, 2024, defining criteria for evaluation of bid dossiers and forms of dossiers for bidding for selection of investors to implement projects on investment in energy works.

Article 1. Amending and supplementing a number of articles of the Minister of Industry and Trade's Circular No. 27/2024/TT-BCT dated November 21, 2024, defining criteria for evaluation of bid dossiers and forms of dossiers for bidding for selection of investors to implement projects on investment in energy works

1. To amend Clause 1, Article 1 as follows:

“1. Clause 2 Article 49 of the Government’s Decree No. 115/2024/ND-CP dated September 16, 2024, detailing a number of articles of and measures to implement the Bidding Law regarding selection of investors to implement land-using investment projects, regarding standard for evaluation of sectoral and local development investment efficiency for projects on investment in energy works, as amended and supplemented under Clause 3, Article 22 of the Government’s Decree No. 56/2025/ND-CP dated March 3, 2025, detailing a number of articles of the Electricity Law on electricity development master plan, electricity supply network development plan, investment in construction of electricity projects and bidding for selection of investors for electricity business investment projects.”.

2. To amend Clause 1, Article 2 as follows:

“1. Organizations and individuals involved in bidding for project investor selection as specified in Clause 1, Article 17 of Decree No. 56/2025/ND-CP.”.

3. To amend Clause 2, Article 3 as follows:

“2. Party inviting the expression of interest means an agency or unit under the Ministry of Industry and Trade; specialized agency, agency or unit under the provincial-level People's Committee, agency or unit of the Economic Zone Management Board (for projects implemented in economic zones).”.

4. To amend Clause 3, Article 4 as follows:

“3. Grounds for preparing draft power purchase agreements:

a) Draft power purchase agreements shall be prepared based on main contents specified in Appendix III to the Minister of Industry and Trade’s Circular No. 12/2025/TT-BCT dated February 1, 2025, on method of determining electricity generation service price; principle of calculating electricity price to implement power projects; main content of a power purchase agreement;

b) For small-sized renewable energy power plant projects, the draft power purchase agreements shall be prepared based on main contents specified in Appendix IV to the Minister of Finance’s Circular No. 10/2025/TT-BCT dated February 1, 2025, on n method of determining and the principles of applying avoidable cost tariffs for small renewable energy power plants; main contents of the power purchase agreement.”.

5. To amend Article 6 as follows:

“Article 6. Standards for evaluation of electricity development investment efficiency

1. For electricity business investment projects with a price bracket issued by the Ministry of Industry and Trade, the evaluation standard for electricity development efficiency is the electricity price and shall be implemented in accordance with Clause 1, Article 19 of Decree No. 56/2025/ND-CP.

2. For electricity business investment projects without a price bracket issued by the Ministry of Industry and Trade, the evaluation standard for electricity development efficiency is the minimum monetary value to be paid annually to the state budget and shall be implemented in accordance with Clause 2, Article 19 of Decree No. 56/2025/ND-CP.”.

6. To amend and supplement a number of provisions of Appendix I to Circular No. 27/2024/TT-BCT according to Appendix I to this Circular.

7. To amend and supplement a number of provisions of Appendix II to Circular No. 27/2024/TT-BCT according to Appendix II to this Circular.

Article 2. Effect

1. This Circular takes effect on the date of its signing.

2. For projects undergoing investor selection through bidding for implementation of business investment projects:

a) In cases where, as of the effective date of this Circular, the bidding dossiers have not yet been issued, they shall be prepared in accordance with the provisions of this Circular;

b) In case where the bidding dossiers have been issued in accordance with Circular No. 27/2024/TT-BCT, but as of the effective date of this Circular, the investor selection results have not yet been approved, the followings shall apply: if bid dossiers have been received, the evaluation of the bid dossiers shall continue based on the issued bidding dossiers; if no bid dossiers have been received, the agency responsible for organizing the bidding process for investor selection may extend the bid closing date and revise the bidding dossiers in accordance with the provisions of this Circular./.

* All Appendices are not translated herein.