Decision 261/QD-BKHDT 2024 announce new administrative procedures in bidding for investor selection

DECISION

Announcement of new administrative procedures in bidding for investor selection within the management of the Ministry of Planning and Investment

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THE MINISTER OF PLANNING AND INVESTMENT

Pursuant to the Government’s Decree No. 89/2022/ND-CP dated October 28, 2022, defining the functions, tasks, powers and organizational structure of the Ministry of Planning and Investment;

Pursuant to the Government’s Decree No. 63/2010/ND-CP dated June 8, 2010, on controlling administrative procedures;

Pursuant to the Government’s Decree No. 48/2013/ND-CP dated May 14, 2013, amending and supplementing a number of articles of the decrees concerning control of administrative procedures;

Pursuant to the Government’s Decree No.  92/2017/ND-CP dated August 7, 2017, amending and supplementing a number of articles of the decrees concerning control of administrative procedures;

Pursuant to Circular No. 02/2017/TT-VPCP dated October 31, 2017, of the Minister – Chairperson of the Government Office, providing guidelines on control of administrative procedures;

At the request of the Director of the Public Procurement Agency.

DECIDES:

Article 1. Announcement of administrative procedures

1. To announce together with this Decision new administrative procedures in bidding for investor selection within the scope of management functions of the Ministry of Planning and Investment (according to Appendices I and II hereto).

2. The announcement contents in this Decision are posted on the Ministry of Planning and Investment’s web portal, in the section "Administrative procedures" at: https://vbpl.mpi.gov.vn/ChiTiet/pdf.088f4262-7d25-454a-9e19-4c3893951df8

Article 2. This Decision takes effect on the date of its signing.

Article 3. The Chief of the Ministry Office, the Director of the Public Procurement Agency and heads of related agencies, units and organizations shall implement this Decision.

For the Minister

Deputy Minister

NGUYEN THI BICH NGOC

APPENDIX I

NEW ADMINISTRATIVE PROCEDURES IN BIDDING FOR INVESTOR SELECTION WITHIN THE MANAGEMENT OF THE MINISTRY OF PLANNING AND INVESTMENT

(Issued together with Decision No. 261/QD-BKHDT dated March 5, 2024, of the Minister of Planning and Investment)

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LIST OF NEW ADMINISTRATIVE PROCEDURES

APPENDIX II

SPECIFIC CONTENTS OF EACH ADMINISTRATIVE PROCEDURE IN BIDDING FOR INVESTOR SELECTION WITHIN THE MANAGEMENT OF THE MINISTRY OF PLANNING AND INVESTMENT

(Issued together with Decision No. 261/QD-BKHDT dated March 5, 2024, of the Minister of Planning and Investment)

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A. CENTRAL ADMINISTRATIVE PROCEDURES

I. Announcement of business investment project not subject to investment policy approval proposed by investors

1. Sequence of implementation

(i) The investor shall prepare the project proposal dossier and bear all charges for preparing project proposal dossier;

(ii) The investor shall submit 04 project proposal dossiers to the agency or and unit assigned by the Minister or Head of ministerial-level agency to receive and review investors’ project proposal dossiers;

(iii) Within 25 days from the date of being assigned the task, the agency or unit shall consider the suitability of the project proposal dossier and submit it to the person competent to approve business investment project information;

(iv) The competent agency shall publish information of the business investment project proposed by the investor on Vietnam National E-Procurement System within 05 working days from the date of issuing the written approval.

2. Method of implementation: Directly in writing.

3. Components of the dossier:

a)  The project proposal dossier comprises the information specified at Points b, c, d and e, Clause 2, Article 47 of the Bidding Law, specifically:

- Project name; objectives; investment scale; investment capital;

- Location of the project, land use status, land area for project implementation; land use purpose; approved planning criteria;

- Duration and progress of project implementation; preliminary plan for investment phasing or division of component projects (if any); progress of project implementation in each phase (if any);

- Other relevant contents (if any).

b) The dossier components as prescribed at Points a, b and c, Clause 1, Article 33 of the Law on Investment, specifically:

(i) Written request for implementing investment project with a commitment to assume all costs and risks in case the project is not approved;

(ii) Documents on the legal status of the investor;

(iii) Documents proving the financial capacity of the investor, including at least one of the following documents: the latest 02-year financial statements of the investor; financial support commitment of the parent company; financial support commitment of the financial institution; guarantees on the financial capacity of the investor; documents proving the financial capacity of the investor.

4. Number of dossiers: 04 sets

5. Deadline for settlement:

Within 25 days, the agency or unit assigned to review the suitability of the project proposal dossier shall submit it to the agency competent to approve the business investment project information.

The competent agency shall publish information on the business investment project proposed by the investor on the Vietnam National E-Procurement System within 05 working days from the date the approval document is issued.

6. Implementing agencies:

- Ministries, Ministerial-level agencies

- Agencies and units assigned by Ministers and Heads of ministerial-level agencies to receive and review investors’ project proposal dossiers.

7. Subjects of administrative procedures: Organizations and individuals.

8. Results of implementation of administrative procedures: Document approving information of business investment projects.

9. Charges (if any and documents regulating fees and charges): None.

10. Name of the form, declaration form (attached): None.

11. Requirements and conditions of procedures (if any): None.

12. Legal grounds of administrative procedures:

- Law on Bidding No. 22/2023/QH15 dated June 23, 2023;

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

B. PROVINCIAL ADMINISTRATIVE PROCEDURES

I. Announcement of  investment projects not subject to investment policy approval proposed by investors

1. Sequence of implementation

(i) The investor shall prepare the project proposal dossier and pay all charges for preparing project proposal dossier;

(ii) The investor shall submit the dossier according to one of the following two cases:

- For investment projects under the provincial-level People's Committees’ competence, the investor shall submit 04 sets of project proposal dossiers to the provincial-level Department of Planning and Investment. Within 03 working days after receiving the project proposal, the provincial-level Department of Planning and Investment shall report to the Chairperson of the provincial-level People's Committee to assign a specialized agency to synthesize and review the project proposal dossier of the investor;

- For investment projects under the competence of the Economic Zone Management Board, the investor shall submit 04 sets of project proposal dossiers to the agency or unit assigned by the Head of the Economic Zone Management Board to receive and review the project proposal dossier of the investor;

(iii) Within 25 days from the date of being assigned the task, the agency or unit shall consider the suitability of the project proposal dossier and submit it to the competent person for approval of business investment project information;

(iv) The competent agency shall publish information of the business investment project proposed by the investor on Vietnam National E-Procurement System within 05 working days from the date of issuing the written approval.

2. Method of implementation: Directly in writing

3. Components of the dossier:

a) The investor's dossier of project proposal comprises the information specified at Points b, c, d and e, Clause 2, Article 47 of the Bidding Law, specifically:

- Project name; objectives; investment scale; investment capital;

- Location of the project, land use status, land area for project implementation; land use purpose; approved planning criteria;

- Duration and progress of project implementation; preliminary plan for investment phasing or division of component projects (if any); progress of project implementation in each phase (if any);

- Other relevant contents (if any).

b) The dossier components as prescribed at Points a, b and c, Clause 1, Article 33 of the Law on Investment, specifically:

(i) Written request for implementing investment project with a commitment to assume all costs and risks in case the project is not approved;

(ii) Documents on the legal status of the investor;

(iii) Documents proving the financial capacity of the investor, including at least one of the following documents: the latest 02-year financial statements of the investor; financial support commitment of the parent company; financial support commitment of the financial institution; guarantees on the financial capacity of the investor; documents proving the financial capacity of the investor.

4. Number of dossiers: 04 sets

5. Deadline for settlement:

a) Regarding the time limit for consideration of the investor’s project proposal dossier:

(i) For investment projects under the provincial-level People's Committee’s competence:

- Within 03 working days after receiving the project proposal, the provincial-level Department of Planning and Investment shall report to the Chairperson of the provincial-level People's Committee to assign an affiliated agency or  unit to synthesize and review the project proposal dossier of the investor.

- Within 25 days, after being assigned to synthesize and review the project proposal dossier of the investor by the provincial-level People's Committee, the assigned agency or unit shall review the conformity of the project proposal dossier and submit to the competent agency for approval of business investment project information.

(ii) For investment projects under the Economic Zone Management Board’s competence: Within 25 days, the agency or unit assigned to consider the suitability of the project proposal dossier shall submit it to the competent agency for approval of business investment project information.

b) Regarding the time limit for information publication:

The competent agency shall publish information on business investment project proposed by the investor on the Vietnam National E-Procurement System within 05 working days from the date the approval document is issued.

6. Implementing agencies:

- Provincial-level People's Committees

- Provincial-level Departments of Planning and Investment, specialized agencies under the provincial-level People's Committees (for projects under the provincial-level People's Committees’ competence);

- Economic Zone Management Boards;

- Agencies and units assigned by the Heads of the Economic Zone Management Boards to receive and review investors’ project proposal dossiers (for projects under the competent authority of the Economic Zone Management Boards).

7. Subjects of administrative procedures: Organizations and individuals.

8. Results of implementation of administrative procedures: Documents approving information of business investment projects.

9. Charges (if any and documents regulating fees and charges): None.

10. Name of the form, declaration form (attached): None.

11. Requirements and conditions of procedures (if any): None.

12. Legal grounds of administrative procedures:

- Law on Bidding No. 22/2023/QH15 dated June 23, 2023;

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