Circular 16/2024/TT-BGTVT selection of investors to implement business investment projects of rest stops

CIRCULAR

Providing a number of contents on selection of investors to implement projects on investment and commercial operation of rest areas^[1]

Pursuant to the November 13, 2008 Law on Road Transport;

Pursuant to the June 17, 2020 Law on Investment;

Pursuant to the June 23, 2023 Law on Bidding;

Pursuant to the Government’s Decree No. 56/2022/ND-CP of August 24, 2022, defining the functions, tasks, power and organizational structure of the Ministry of Transport;

Pursuant to the Government’s Decree No. 32/2014/ND-CP of April 22, 2014, on the management, operation and maintenance of expressway facilities;

Pursuant to the Government’s Decree No. 25/2023/ND-CP of May 19, 2023, amending and supplementing a number of articles of the Government’s Decree No. 32/2014/ND-CP of April 22, 2014, on the management, operation and maintenance of expressway facilities;

Pursuant to the Government’s Decree No. 31/2021/ND-CP of March 26, 2021, detailing and guiding a number of articles of the Law on Investment;

Pursuant to the Government’s Decree No. 23/2024/ND-CP of February 27, 2024, detailing a number of articles of, and measures to implement, the Law on Bidding regarding selection of investors to implement projects subject to organization of bidding in accordance with specialized laws;

At the proposal of the Director of the Transport Infrastructure Department and the Director of the Vietnam Expressway Authority;

The Minister of Transport promulgates the Circular providing a number of contents on selection of investors to implement projects on investment and commercial operation of rest areas.

Article 1. Scope of regulation

This Circular provides the evaluation of investment efficiency for sectoral development in selection of investors to implement projects on investment and commercial operation of rest areas, which are projects on specialized road traffic service facilities, including mixed-use functional zones serving public and commercial purposes managed by the Ministry of Transport.

Article 2. Subjects of application

This Circular applies to organizations and individuals engaged in the selection of investors to implement projects on investment and commercial operation of rest areas managed by the Ministry of Transport.

Article 3. Evaluation of the sectoral development investment efficiency of projects on investment and commercial operation of rest areas

1. Criteria for evaluation of investment efficiency for sectoral development in selection of investors to implement projects on investment and commercial operation of rest areas must comply with the criteria for evaluation of the minimum monetary value remitted to the state budget specified in Clause 2, Article 47 of the Government’s Decree No. 23/2024/ND-CP of February 27, 2024, detailing a number of articles of, and measures to implement, the Law on Bidding regarding selection of investors to implement projects subject to organization of bidding in accordance with specialized laws.

2. Evaluation scores of sectoral development efficiency of projects on investment and commercial operation of rest areas shall be determined based on the minimum monetary value remitted to the state budget provided in Appendix I to this Circular.

2. The minimum monetary value remitted to the state budget shall be determined according to the following formula:

G_TTN = n x (V : 49)

In which:

G_TTN is the minimum monetary value remitted to the state budget

n is the duration of operation, management and commercial operation of an infrastructure work or system, which is determined according to the declared information on the project implementation duration and progress.

V is the value remitted to the state budget by a project with a land lease period of 49 years, which is calculated according to the formula provided in Appendix II to this Circular.

Article 4. Effect

1. This Circular takes effect on June 1, 2024.

2. The Minister of Transport’s Circular No. 01/2023/TT-BGTVT of March 7, 2023, guiding the formulation, approval and announcement of the list of projects; methods and criteria for evaluating bid dossiers and dossiers of proposals in bidding for selection of investors for specialized road traffic service facilities, ceases to be effective on the effective date of this Circular.

3. In case the legal documents referred to in this Circular are amended, supplemented or replaced, the amending, supplementing or replacing ones shall prevail.

Article 5. Organization of implementation

1. For projects on investment and commercial operation of rest areas managed by provincial-level People’s Committees, it is recommended to refer to this Circular for organization of implementation provided that they comply with the law on bidding and other relevant laws to ensure the competitiveness, fairness, transparency and economic efficiency.

2.  The Chief of the Office, Chief of the Inspectorate, directors of departments, Director of the Department of Construction Investment Management, Director of the Department for Roads of Vietnam, and Director of the Vietnam Expressway Authority under the Ministry of Transport, and related agencies, organizations and individuals shall implement this Circular.-

For the Minister of Transport
Deputy Minister
NGUYEN DUY LAM

* The Appendices to this Circular are not translated.