Decree 225/2025/ND-CP amend Decrees detailing the Bidding Law regarding investor selection

DECREE

Amending and supplementing a number of articles of the Decrees detailing a number of articles of, and providing measures for implementing, the Bidding Law regarding investor selection^[1]

Pursuant to Law No. 63/2025/QH15 on Organization of the Government;

Pursuant to Law 72/2025/QH15 on Organization of Local Administration;

Pursuant to Bidding Law No. 22/2023/QH15;

Pursuant to Law No. 57/2024/QH15 Amending and Supplementing a Number of Articles of the Planning Law, the Law on Investment, the Law on Investment in the Form of Public-Private Partnership, and the Bidding Law;

Pursuant to Law No. 90/2025/QH15 Amending and Supplementing a Number of Articles of the Bidding Law; the Law on Investment in the Form of Public-Private Partnership; the Customs Law; the Law on Value-Added Tax; the Law on Export Duty and Import Duty; the Law on Investment; the Law on Public Investment; and the Law on Management and Use of Public Assets;

At the proposal of the Minister of Finance;

The Government promulgates the Decree amending and supplementing a number of articles of the Decrees detailing a number of articles of, and providing measures for implementing, the Bidding Law regarding investor selection.

Article 1. To amend and supplement a number of articles of the Government’s Decree No. 23/2024/ND-CP of February 27, 2024, detailing a number of articles of, and providing measures for implementing, the Bidding Law regarding selection of investors to implement projects subject to bidding in accordance with specialized laws

1. To amend and supplement a number of clauses of Article 1 as follows:

a/ To amend and supplement Clause 3 as follows:

“3. The conditions on capacity and experience of members of expert teams and appraisal teams; connection and sharing of information between the Vietnam National Electronic Procurement System and other information systems; and state management of bidding must comply with the relevant provisions of the Government’s Decree detailing a number of articles of, and providing measures for implementing, the Bidding Law regarding contractor selection.”;

b/ To amend and supplement Clause 3a as follows:

“3a. Investor appointment and investor selection in special cases must comply with the relevant provisions of Chapters IVa and IVb of Government’s Decree No. 115/2024/ND-CP of September 16, 2024, detailing a number of articles of, and providing measures for implementing, the Bidding Law regarding selection of investors to implement land-using investment projects.”;

c/ To add Clause 3b below Clause 3a as follows:

“3b. The handling of violations in bidding for investor selection; and the settlement of proposals in bidding for investor selection must comply with the relevant provisions of Article 61a and Chapter VIIIa of Government’s Decree No. 115/2024/ND-CP of September 16, 2024, detailing a number of articles of, and providing measures for implementing, the Bidding Law regarding selection of investors to implement land-using investment projects.”.

2. To amend and supplement or annul a number of clauses of Article 3 as follows:

a/ To amend and supplement Clause 2 as follows:

“2. A solicitor for expression of interest is an attached or a subordinate agency, organization or unit of a ministry, ministerial-level agency or provincial-level People’s Committee; a subordinate agency or unit of an Economic Zone Management Board (for projects implemented in economic zones); a commune-level People’s Committee; or another agency as specified in specialized laws that is assigned to carry out procedures for invitation for expression of interest.”;

b/ To annul Clause 3;

c/ To add Clauses 4a and 4b below Clause 4 as follows:

“4a. A dossier of requirements is a complete set of documents used for cases of applying the investor appointment method, including requirements for implementation of the business investment project, serving as the basis for investors to prepare their dossiers of proposals and for the bid solicitor to evaluate dossiers of proposals.

4b. A dossier of proposals is a complete set of documents prepared and submitted by an investor to the bid solicitor according to requirements set in the dossier of requirements.”.

3. To add Clause 7 below Clause 6, Article 4 as follows:

“7. For projects applying the investor appointment method as specified in Clause 2a, Article 34 of the Bidding Law, and projects applying the method of investor selection in special cases specified in Article 34a of the Bidding Law, investors are not required to satisfy the conditions on assurance of competition specified at Point a, Clause 1, and Clause 3, of this Article.”.

4. To add Points c and d below Point b, Clause 1, Article 5 as follows:

“c/ Investors that are science and technology enterprises; innovative startup enterprises; innovative startup support organizations recognized by competent authorities; innovation centers; organizations and enterprises that have obtained certificates of recognition as hi-tech enterprises, hi-tech incubators, hi-tech enterprise incubators, or enterprises established under investment projects manufacturing hi-tech products in accordance with the law on high technology are entitled to a 5% incentive in the evaluation of bid dossiers;

d/ Foreign investors that commit to transferring technologies to domestic investors or partners are entitled to a 2% incentive in the evaluation of bid dossiers.”.

5. To amend and supplement Clause 1, Article 7 as follows:

“1. In case of filing a petition against the results of investor selection that is to be settled by the competent person, the investor shall pay petition settlement expenses to the Standing Unit assisting the Petition Settlement Council concurrently with the submission of the petition.”.

6. To add Clause 4 below Clause 3, Article 8 as follows:

“4. For projects applying the investor appointment method and projects applying the method of investor selection in special cases, the process and procedures for investor selection must comply with the relevant provisions of the Government’s Decree detailing a number of articles of, and providing measures for implementing, the Bidding Law regarding selection of investors to implement land-using investment projects.”.

7. To amend and supplement Article 9 as follows:

“Ministries, ministerial-level agencies and provincial-level People’s Committees shall assign their attached or subordinate agencies, organizations or units or commune-level People’s Committees to upload decisions approving investment policy to the Vietnam National E-Procurement System in accordance with Point a, Clause 2, Article 47 of the Bidding Law before organizing bidding for investor selection.”.

8. To amend and supplement Points a and c, Clause 1, Article 10 as follows:

a/ To amend and supplement Point a, Clause 1 as follows:

“a/ The competent person shall assign attached or subordinate agencies, organizations or units of ministries, ministerial-level agencies, provincial-level People’s Committees or Economic Zone Management Boards; commune-level People’s Committees; or other agencies as specified by specialized laws to prepare a project proposal dossier, including the contents specified at Points b, c, d, dd and e, Clause 2, Article 47 of the Bidding Law, ensuring compliance with Article 1 of this Decree;”;

b/ To amend and supplement Point c, Clause 1 as follows:

“c/ Ministries, ministerial-level agencies, provincial-level People’s Committees, and Economic Zone Management Boards shall assign their attached or subordinate agencies, organizations or units, or commune-level People’s Committees, to upload information on business investment projects to the Vietnam National Electronic Procurement System before organizing bidding for investor selection.”.

9. To amend and supplement Clause 5, Article 11 as follows:

“5. Ministries, ministerial-level agencies, provincial-level People’s Committees, and Economic Zone Management Boards shall assign their attached or subordinate agencies, organizations or units, or commune-level People’s Committees, to upload the approved tables tracking the progress of investor-selection activities to the Vietnam National Electronic Procurement System before organizing bidding for investor selection.”.

10. To amend and supplement a number of clauses of Article 36 as follows:

a/ To amend and supplement Clause 1 as follows:

“1. The procedures of invitation for expression of interest shall be applied to projects subject to determination of the number of investors expressing interest therein according to specialized laws as specified at Point c, Clause 4, Article 1 of this Decree. These procedures are not required for projects applying the investor appointment method as specified in Clause 2a, Article 34 of the Bidding Law or projects applying the method of investor selection in special cases as specified in Article 34a of the Bidding.”;

b/ To amend and supplement Clause 3 as follows:

“3. The competent person shall assign attached or subordinate agencies, organizations or units of ministries, ministerial-level agencies or provincial-level People’s Committees, or commune-level People’s Committees, to act as the solicitor for expression of interest.”;

c/ To amend and supplement Clause 4 as follows:

“4. The solicitor for expression of interest shall carry out the procedures specified in Articles 37 thru 42 of this Decree. Ministries, ministerial-level agencies and provincial-level People’s Committees shall assign their attached or subordinate agencies, organizations or units, or commune-level People’s Committees, to upload information and the invitation for expression of interest to the Vietnam National Electronic Procurement System.”.

11. To amend and supplement Clause 1 of Article 40 as follows:

“1. Investors shall prepare and submit dossiers of registration for project implementation to the Vietnam National Electronic Procurement System in accordance with the requirements set in the dossier of invitation for expression of interest. The period for preparing dossiers of registration for project implementation must be at least 20 days, counting from the first day of issuance of the dossier of invitation for expression of interest to the bid-closing date.”.

12. To amend and supplement a number of clauses of Article 45 as follows:

a/ To amend the title of the Article as follows:

“Article 45. Criteria for evaluation of capacity”;

b/ To amend Clause 2 as follows:

“2. The bidding dossier does not provide criteria for evaluation of investors’ experience in implementing similar projects but should provide the principles for handling cases in which investors submit documents evidencing experience in implementing similar projects for use as grounds for consideration for contract award in accordance with Clause 5, Article 57 of this Decree.

In case a specialized law requires investors to have experience in implementing similar projects, the bid solicitor or the expert team shall determine the criteria for evaluation of experience in implementing similar projects in the bidding dossier in accordance with such specialized law.”;

c/ To annul Clauses 3 and 4.

13. To amend and supplement a number of points and clauses of Article 50 as follows:

a/ To amend and supplement Point b, Clause 4 as follows:

“b/ The investor as the transferee must satisfy operational conditions in accordance with the relevant laws applicable to each type of economic organization, the laws on investment, enterprises, land, and real estate business, and relevant specialized laws; and shall take over the rights and obligations to implement the investment project as committed by the transferor investor in the bid dossier and the project contract.”;

b/ To amend and supplement Point c, Clause 4 as follows:

“c/ From the time the project is put into commercial operation, the transfer of shares or capital contributions must comply with the law on enterprises and the laws applicable to each type of economic organization, without being subject to the conditions specified in Points a and b of this Clause.”;

c/ To amend and supplement Clause 5 as follows:

“5. The transfer of a business investment project and the transfer of shares or capital contributions in an economic organization under Clauses 3 and 4 of this Article must be stated in a contract.

Based on the provisions of the contract, the competent person shall consider and approve the proposal for the transfer of the business investment project or the transfer of shares or capital contributions in the economic organization.

If approving the proposal for transfer, the competent person shall assign the bid solicitor to review and modify or supplement the contract.”;

d/ To amend and supplement Clause 9 as follows:

“9. When it is required to adjust an investment project during the implementation, resulting in a change in the contents of the project contract, the competent person shall assign the bid solicitor to coordinate with the local investment registration agency to guide the investor or the economic organization established by the bid-winning investor to carry out procedures for adjusting the investment project in accordance with the law on investment, and, at the same time, assign the bid solicitor to request the investor to update and commit to ensuring satisfaction of technical and financial capacity requirements for project implementation so as to review the contract contents for modification or supplementation after the investment project is adjusted, applicable to investment projects subject to investment policy approval as specified at Point a, Clause 1, Article 76 of the Bidding Law (except the cases specified in Clauses 3 and 4 of this Article) and projects not subject to investment policy approval.”.

14. To amend and supplement Clause 3, Article 54 as follows:

“3. To approve the bidding dossier, or authorize the head of an attached/subordinate agency, organization or unit of a ministry, ministerial-level agency or provincial-level People’s Committee, or an Economic Zone Management Board; or a commune-level People’s Committee to approve the bidding dossier.”.

15. To amend the title of Article 55 as follows:

“Article 55. Responsibilities of attached and subordinate agencies, organizations and units of ministries, ministerial-level agencies or provincial-level People’s Committees; and commune-level People’s Committees”.

16. To amend and supplement or annul a number of clauses of Article 56 as follows:

a/ To annul Clause 1;

b/ To amend and supplement Clause 2 as follows:

“2. An appraisal team is composed of agencies, organizations and units that are independent from the bid solicitor and the expert team, and are assigned tasks by the competent person, including:

a/ Attached and subordinate agencies, organizations and units of ministries or ministerial-level agencies, or Economic Zone Management Boards, for projects for which the bidding dossiers and investor selection results are approved by ministers, the heads of ministerial-level agencies or the heads of Economic Zone Management Boards, except the cases specified in Clause 3 of this Article;

b/ Provincial-level Departments of Finance, for projects for which the bidding dossiers and investor selection results are approved by chairpersons of provincial-level People’s Committees, except the cases specified in Clause 3 of this Article.

When necessary, the competent person shall consider and decide to establish an appraisal team composed of individuals with appropriate capacity and experience from subordinate agencies, organizations or units.”.

17. To amend and supplement a number of clauses of Article 57 as follows:

a/ To amend and supplement Clause 5 as follows:

“5. After evaluating the bid dossiers, if two or more investors have the highest and equal overall scores, priority will be given to the investor with more experience in implementing similar projects for consideration for contract award. In case investors with experience in implementing similar projects are evaluated equally, the investor with a higher score in investment efficiency for the development of the industry, sector or locality will be considered for contract award.”;

b/ To add Clause 9dd below Clause 9d as follows:

“9dd. In case an investor is merged while participating in the bidding, the merging investor may continue to participate in the bidding and shall take over the bidding capacity of the merged investor.”;

c/ To annul Clauses 9b, 9c and 9d.

18. To amend and supplement Clause 1, Article 58 as follows:

“1. Competence to examine bidding activities for investor selection:

a/ The Ministry of Finance shall examine investor selection activities in ministries, ministerial-level agencies and localities according to its functions and competence or at the request of the Prime Minister;

b/ Line agencies shall examine investor selection activities for projects under their management;

c/ For projects for which a ministry or ministerial-level agency is the agency deciding to organize bidding for investor selection, the minister or the head of the ministerial-level agency shall assign the agency, organization or unit responsible for managing bidding activities to examine bidding activities for investor selection;

d/ For locally managed projects, provincial-level Departments of Finance shall examine investor selection activities.”.

19. To amend and supplement a number of points and clauses of Article 59 as follows:

a/ To amend and supplement Point b, Clause 2 as follows:

“b/ Chairpersons of provincial-level People’s Committees shall assume the prime responsibility for, and organize the supervision of, bidding activities for selection of investors for projects falling within their competence in the localities. Provincial-level Departments of Finance shall assist chairpersons of provincial-level People’s Committees in organizing the supervision of bidding activities for investor selection in the localities.”;

b/ To add Point c below Point b, Clause 2 as follows:

“c/ The competent person shall assign an individual or a subordinate unit that has expertise in bidding and is independent from the bid solicitor, expert team or appraisal team to supervise bidding activities for all projects applying the investor appointment method or the method of investor selection in special cases, or other projects when necessary.”;

c/ To add Clause 3a below Clause 3 as follows:

“3a. Responsibilities of individuals or units supervising bidding activities:

a/ To be honest and objective; to refrain from harassing the bid solicitor, expert team or appraisal team during the supervision process;

b/ To request the bid solicitor, expert team or appraisal team to provide relevant documents and materials to support the supervision process;

c/ To receive feedback from investors and organizations/individuals related to investor selection for the projects under supervision;

d/ To maintain confidentiality of information in accordance with law;

dd/ To be held responsible for results of their supervision;

e/ To perform other responsibilities as specified by the bidding law and other relevant laws.”.

20. To amend and supplement a number of clauses of Article 60 as follows:

a/ To amend and supplement Clause 1 as follows:

“1. From July 1, 2026: To carry out online procedures for invitation for expression of interest in the country as specified in Article 61 of this Decree on the Vietnam National Electronic Procurement System (below referred to as the System).”;

b/ To amend and supplement Clause 2 as follows:

“2. From January 1, 2027: To carry out the online procedures for investor selection for land-using investment projects applying the form of open bidding or domestic restricted bidding applying the one-stage one-envelope method or the one-stage two-envelope method as specified in Article 62 of this Decree on the System.”.

21. To remove the word “experience,” and the phrases “and experience,” and “documents proving experience in implementing similar projects” from Clause 4, Article 17; Clause 1, Article 19; Clauses 1 and 2, Article 20; Point b, Clause 1, and Point a, Clause 3, Article 21; Point b, Clause 1, and Point b, Clause 4, Article 23; Point c, Clause 2, Clause 3, and the beginning paragraph of Clause 4, Article 38; Clause 2, Article 40; Clause 2, Article 41; Clause 2, Article 44; Clause 6, Article 45; Points b and d, Clause 1, Article 48; Point b, Clause 3, Article 61; and Point b, Clause 1, Article 63.

22. To replace the phrase “Ministry of Planning and Investment” at Point a, Clause 1, Article 58 with the phrase “Ministry of Finance”; to replace the phrase “provincial-level Department of Planning and Investment” at Point b, Clause 2, Article 10 with the phrase “provincial-level Department of Finance”.

23. To replace the phrase “Advisory Council” in Article 7 with the phrase “Petition Resolution Council”.

Article 2. To amend and supplement a number of articles of the Government’s Decree No. 115/2024/ND-CP of September 16, 2024, detailing a number of articles of, and providing measures for implementing, the Bidding Law regarding selection of investors to implement land-using investment projects

1. To amend and supplement a number of points and clauses of Article 1 as follows:

a/ To add Point k.1 below Point k, Clause 1 as follows:

“k.1/ Clause 5, Article 87 on the handling of violations in bidding for investor selection;”;

b/ To amend and supplement Clause 4 as follows:

“4. Conditions on the capacity and experience of members of expert teams and appraisal teams; connection and sharing of information between the Vietnam National Electronic Procurement System and other information systems; and state management of bidding must comply with the relevant provisions of the Government’s Decree detailing a number of articles of, and providing measures for implementing, the Bidding Law regarding contractor selection.”.

2. To amend and supplement or annul a number of clauses of Article 3 as follows:

a/ To amend Clause 2 as follows:

“2. A solicitor for expression of interest is an attached/subordinate agency, organization or unit of a ministry, ministerial-level agency or provincial-level People’s Committee; a subordinate agency or unit of an Economic Zone Management Board (for projects implemented in economic zones); a commune-level People’s Committee; or another agency as specified in specialized laws that is assigned to carry out procedures for invitation for expression of interest.”;

b/ To annul Clause 3;

c/ To add Clauses 4a and 4b below Clause 4 as follows:

“4a. A dossier of requirements is a complete set of documents used for cases of applying the investor appointment method, including requirements for implementation of the business investment project, serving as the basis for investors to prepare their dossiers of proposals and for the bid solicitor to organize the evaluation of dossiers of proposals.

4b. A dossier of proposals is a complete set of documents prepared and submitted by an investor to the bid solicitor in accordance with the requirements of the dossier of requirements.”.

3. To amend and supplement a number of points and clauses of Article 4 as follows:

a/ To amend and supplement Point g, Clause 2 as follows:

“g/ Investment projects on construction of social housing; investment projects on renovation and reconstruction of apartment buildings; and investment projects on construction of housing for the people’s armed forces, which are subject to bidding in accordance with the housing law and when there are two or more investors expressing interest and registering to implement the projects, excluding social housing projects specified in Clauses 1, 2 and 3, and at Point c, Clause 4, Article 84 of Housing Law No. 27/2023/QH15; projects on renovation and reconstruction of apartment buildings specified in Clauses 1 and 2, Article 68 of Housing Law No. 27/2023/QH15; investment projects on construction of housing for the people’s armed forces specified in Clause 1, Article 106 of Housing Law No. 27/2023/QH15; and investment projects on construction of social housing and housing for the people’s armed forces specified in the National Assembly’s Resolution No. 201/2025/QH15 of May 29, 2025, on pilot implementation of specific policies for social housing development;”;

b/ To amend and supplement Point k, Clause 2 as follows:

“k/ Other projects falling into the cases specified in Article 79 of the Land Law and concurrently subject to bidding for investor selection in accordance with specialized laws as specified at Point b, Clause 1, Article 126 of the Land Law.”.

4. To add Clause 7 below Clause 6, Article 5 as follows:

“7. For projects applying the investor appointment method as specified in Clause 2a, Article 34 of the Bidding Law, or projects applying the method of investor selection in special cases as specified in Article 34a of the Bidding Law, investors are not required to satisfy the conditions on assurance of competition specified at Point a, Clause 1, and Clause 3, of this Article.”.

5. To add Points c and d below Point b, Clause 1, Article 6 as follows:

“c/ Investors that are science and technology enterprises; innovative startup enterprises; innovative startup support organizations recognized by competent authorities; innovation centers; organizations and enterprises that have obtained certificates of recognition as hi-tech enterprises, hi-tech incubators, hi-tech enterprise incubators, or enterprises established under investment projects manufacturing hi-tech products in accordance with the law on high technology are entitled to a 5% incentive in the evaluation of bid dossiers;

d/ Foreign investors that commit to transferring technologies to domestic investors or partners are entitled to a 2% incentive in the evaluation of bid dossiers.”.

6. To amend and supplement Clause 1, Article 8 as follows:

“1. In case of filing a petition against results of investor selection that is to be settled by the competent person, the investor shall pay petition settlement expenses to the Standing Unit assisting the Petition Settlement Council concurrently with the submission of the petition.”.

7. To add Clauses 4a and 4b below Clause 4, Article 9 as follows:

“4a. For projects applying the investor appointment method, the process and procedures for investor appointment must comply with Article 44d of this Decree.

4b. For projects applying the method of investor selection in special cases, the process and procedures for investor selection must comply with Article 44b of this Decree.”.

8. To amend and supplement Clause 2, Article 10 as follows:

“2. Ministries, ministerial-level agencies, provincial-level People’s Committees, and Economic Zone Management Boards shall assign their attached or subordinate agencies, organizations or units, or commune-level People’s Committees, to upload the investment policy approval decision to the Vietnam National Electronic Procurement System in accordance with Point a, Clause 2, Article 47 of the Bidding Law before organizing bidding for investor selection.”.

9. To amend and supplement a number of clauses of Article 11 as follows:

a/ To amend and supplement Point a, Clause 1 as follows:

“a/ Based on the list of land plots for which bidding for implementation of land-using investment projects shall be organized under decisions of provincial-level People’s Councils, the competent persons shall assign attached or subordinate agencies, organizations or units of ministries, ministerial-level agencies, provincial-level People’s Committees, or Economic Zone Management Boards; commune-level People’s Committees, or other agencies as specified by specialized laws to prepare a project proposal dossier, including the contents specified at Points b, c, d, dd and e, Clause 2, Article 47 of the Bidding Law, ensuring compliance with Article 4 of this Decree.”;

b/ To amend and supplement Point c, Clause 1 as follows:

“c/ Ministries, ministerial-level agencies, provincial-level People’s Committees, and Economic Zone Management Boards shall assign their attached or subordinate agencies, organizations or units, or commune-level People’s Committees, to upload information on land-using investment projects to the Vietnam National Electronic Procurement System before organizing bidding for investor selection.”.

10. To amend and supplement Clause 5, Article 12 as follows:

“5. Ministries, ministerial-level agencies, provincial-level People’s Committees, and Economic Zone Management Boards shall assign their attached or subordinate agencies, organizations or units, or commune-level People’s Committees, to upload the approved tables tracking the progress of investor selection activities to the Vietnam National Electronic Procurement System before organizing bidding for investor selection.”.

11. To amend and supplement Point b, Clause 1, Article 13 as follows:

“b/ A detailed plan or a zoning plan at a scale of 1:2,000 approved by the the competent agency for the projects specified in Clause 1, Article 4 of this Decree. A land-using investment project that has multiple functions shall be determined based on the main structure of the project or the main structure of the highest grade in case the project has multiple main structures in accordance with the law on construction.”.

12. To amend and supplement Point a, Clause 3, Article 22 as follows:

“a/ Evaluation of bid dossiers covers evaluation of the investor’s capacity; and evaluation of the business investment plan; land use efficiency; and investment efficiency contributing to the development of the relevant sector, field and locality.”.

13. To amend and supplement a number of clauses of Article 37 as follows:

a/ To amend and supplement Clause 1 as follows:

“1. The procedures for invitation for expression of interest shall be applied to projects for which it is required to determine the number of investors expressing interests in the projects in accordance with specialized laws as specified at Points e, g, h and i, Clause 2, Article 4 of this Decree. These procedures are not required for projects applying the investor appointment method as specified in Clause 2a, Article 34 of the Bidding Law, or projects applying the method of investor selection in special cases as specified in Article 34a of the Bidding Law.”;

b/ To amend and supplement Clause 3 as follows:

“3. The competent person shall assign attached or subordinate agencies, organizations or units of ministries, ministerial-level agencies, provincial-level People’s Committees or Economic Zone Management Boards, or commune-level People’s Committees to act as the solicitor for expression of interest.”;

c/ To amend and supplement Clause 5 as follows:

“5. Ministries, ministerial-level agencies, provincial-level People’s Committees, and Economic Zone Management Boards shall assign their attached or subordinate agencies, organizations or units, or commune-level People’s Committees, to upload information and the invitation for expression of interest to the Vietnam National Electronic Procurement System.”.

14. To amend and supplement Clause 4, Article 39 as follows:

“4. Criteria for preliminary evaluation of investors’ capacity include:

a/ Equity requirements as specified at Point a, Clause 1, Article 46 of this Decree;

b/ For investment projects on renovation or reconstruction of apartment buildings, in addition to the criteria specified in Point a of this Clause, criteria for preliminary evaluation of investors’ capacity include requirements for a preliminary compensation and resettlement plan in accordance with the housing law;

c/ For investment projects proposed to be implemented on land with assets attached thereto, the dossiers of invitation for expression of interest must specify the value of assets attached to land (in case the assets are to be sold) or the remaining value of assets (in case the assets are to be demolished or dismantled) in accordance with the law on management and use of public assets.”

Investors shall commit in dossiers of registration for project implementation the remittance of an amount equaling the value of the assets determined in the dossier of invitation for expression of interest if approved to be the investor to implement the project in accordance with the investment law. This amount is independent from the obligation to pay land use levy, land rental and other financial obligations of the investors toward the state budget in accordance with law.”.

15. To amend and supplement Clause 1, Article 41 as follows:

“1. Investors shall prepare and submit dossiers of registration for project implement to the Vietnam National Electronic Procurement System in accordance with the requirements set in the dossier of invitation for expression of interest. The period for preparation of the dossiers of registration for project implementation must be at least 20 days, counting from the first day of issuance of the dossier of invitation for expression of interest to the date of bid closing.”.

16. To amend and supplement Article 44a as follows:

“Article 44a. Projects applying the method of investor selection in special cases

Projects applying the method of investor selection in special cases as specified in Clause 1, Article 34a of the Bidding Law include:

1. Projects involving requirements on assurance of national defense, security, foreign affairs or territorial borders, based on opinions of the Ministry of National Defense, the Ministry of Public Security or the Ministry of Foreign Affairs as specified at Point a, Clause 1, Article 34a of the Bidding Law.

2. Projects involving requirements on assurance of national interests or performance of national political tasks as specified at Point a, Clause 1, Article 34a of the Bidding Law, which are projects to be implemented under instructions set out in resolutions, conclusions and guiding documents of the Party Central Committee, the Political Bureau, the Secretariat, and key leaders of the Party and the State.

3. Projects specified at Point b, Clause 1, Article 34a of the Bidding Law, which are projects in strategic sectors or key development investment projects of national importance in the fields of science, technology and innovation to be implemented in the form of order placement or task assignment.

4. Projects involving specific requirements regarding investment procedures, investor selection, and procedures for land allocation and land lease or allocation of sea areas, or involving specific conditions as specified at Point c, Clause 1, Article 34a of the Bidding Law, including:

a/ Projects that need to be implemented immediately to ensure timely completion in accordance with instructions set out in the Government’s resolutions; decisions, directives or notices of opinions of the Government’s leaders; resolutions of the Executive Boards of provincial-level Party Committees; notices of opinions or conclusions of the Standing Boards of provincial-level Party Committees; or resolutions of provincial-level People’s Councils;

b/ Projects that need to be implemented immediately to ensure connection and synchronization of technical infrastructure among project components in accordance with instructions set out in resolutions of the National Assembly or the Government; decisions, directives or notices of opinions of the Government’s leaders; resolutions of the Executive Boards of provincial-level Party Committees; notices of opinions or conclusions of the Standing Boards of provincial-level Party Committees; or resolutions of provincial-level People’s Councils, in order to meet requirements for efficient, synchronized and continuous management, exploitation and operation;

c/ Projects on construction of nuclear power plants in accordance with the law on atomic energy;

d/ Offshore wind power projects in accordance with the law on electricity, which are impossible to be implemented if applying the investor selection methods specified in Clauses 1, 2 and 2a, Article 34 of the Bidding Law;

dd/ Other projects with specific conditions, which are impossible to be implemented if applying any of the investor selection methods specified in Clauses 1, 2 and 2a, Article 34 of the Bidding Law.”.

17. To amend and supplement Article 44b as follows:

“Article 44b. Order and procedures for investor selection in special cases

1. During the process of formulation of dossiers of request for investment policy approval in accordance with the law on investment or formulation of project proposal dossiers under Article 11 of this Decree (for projects not subject to investment policy approval), ministries, ministerial-level agencies and provincial-level People’s Committee (below collectively referred to as competent agencies) or investors shall propose the application of the method of investor selection in special cases under Article 44a of this Decree and propose the investors to implement the projects (if any).

2. Procedures for investor selection in special cases:

a/ For a project subject to investment policy approval by the National Assembly or the Prime Minister, after the investment policy is approved, the competent agency shall assign an attached/subordinate agency, organization or unit (below referred to as the specialized agency) to review and evaluate the investor’s financial capacity and project implementation conditions according to the approved investment policy. The evaluation contents are specified at Point c of this Clause. Based on the evaluation report of the specialized agency, the competent agency shall decide on the investor selected in the special case;

b/ For a project subject to investment policy approval by the provincial-level People’s Committee or a project not subject to investment policy approval, the competent agency shall review and evaluate the investor’s financial capacity and project implementation conditions as specified at Point c of this Clause during the process of appraising the dossier of request for investment policy approval or reviewing the project proposal dossier. The competent agency shall approve investment policy concurrently with approving the investor (for projects subject to investment policy approval) or approve the project information concurrently with approving the investor selected in the special case;

c/ The consideration of the financial capacity and project implementation conditions of an investor specified at Points a and b of this Clause must have the following contents:

c.1/ The ability to arrange equity and mobilize loans as specified in Article 46 of this Decree;

c.2/ The ability to implement the plans on construction, operation, commercial operation, exploitation, and management of the construction works according to the project’s investment policy, meeting the requirements on progress, quality, investment efficiency, or other specific conditions of the project;

c.3/ Other requirements as determined by the competent agency.

3. Ministries, ministerial-level agencies and provincial-level People’s Committees shall, when necessary, organize negotiations, and finalize and sign contracts with the selected investors. For projects specified in Clauses 1 and 2, and at Points a and b, Clause 4, Article 44a of this Decree, the investors shall organize the project construction investment concurrently with contract negotiation, finalization and signing.

If no contract is signed, a decision on investor selection in special cases specified in Clause 2 of this Article shall concurrently serve as the decision on investor approval in accordance with the law on investment.

4. For a project that must be implemented immediately to meet urgent and important requirements on socio-economic development and national defense and security assurance as directed in resolutions, conclusions and directives of the Party Central Committee, the Political Bureau, the Secretariat, and key leaders of the Party and the State, the investor selection shall be carried out as follows:

a/ An investor shall formulate a project dossier comprising the contents specified at Point b of this Clause and submit it to the attached or subordinate agency, organization or unit of the Ministry of National Defense or the Ministry of Public Security for review and evaluation under Point c of this Clause. In case the investor has formulated a dossier of request for investment policy approval in accordance with the law on investment, this dossier shall be submitted instead of the dossier specified at Point b of this Clause;

b/ A project dossier must comprise a preliminary project proposal, including information on the objectives, scale, total investment capital, land use area, implementation time, implementation progress, plans on work investment, construction, operation, commercial operation, exploitation and management, mechanisms and policies for project implementation, including the proposal on application of the method of  investor selection in special cases for project implementation, investment incentives and guarantees (if any); a capacity dossier comprising a general introduction of the investor’s main business sectors and fields; the investor’s equity and capital arrangement ability; introduction of completed projects and works (if any); commitments regarding the investor’s responsibility in allocating capital, meeting requirements on project implementation progress, work construction quality, use of resources, land and labor, fulfillment of social responsibility and technology transfer, commitments regarding obligations during the operation and exploitation processes, and commitments to meeting specific requirements of the project (if any), and other related commitments;

c/ The evaluation contents include the conformity of the preliminary project proposal with the master plan and orientations on the project’s work construction and specific investor selection criteria determined by the Ministry of National Defense or the Ministry of Public Security; the feasibility of the plans on work construction, operation, commercial operation, exploitation and management; the investor’s capability to meet the conditions on national security and defense assurance and the requirements on urgent implementation progress as directed by competent authorities (compensation, support and resettlement work; time of construction commencement and completion, and putting of the construction works into exploitation and use); the ability to fulfill other obligations as proposed by the investor (if any); evaluation of the investor’s financial capacity to implement the project; and other necessary contents as required by the Ministry of National Defense or the Ministry of Public Security;

d/ After the investor selection decision is issued, the investor shall formulate a dossier of request for investment policy approval or a dossier of proposal for project implementation and carry out related procedures in accordance with the law on investment.

5. For projects for which investment policy or project information has been approved by competent authorities, if specific conditions arise as specified in Article 44a of this Decree, the competent agencies shall decide on the application of the method of  investor selection in special cases and approve the selected investor under Points a and c, Clause 2 of this Article.

6. In case the order and procedures specified in Clauses 1, 2, 3 and 4 of this Article are applied but fail to meet the specific requirements of a project, the competent agency may, during the process of carrying out the procedures for investment policy approval in accordance with the law on investment or for project information approval under Article 11 of this Decree, formulate a plan on investor selection in special cases so as to ensure that the selected investor meets the specific requirements of the project.

7. For projects involving land allocation or land lease not through auction or bidding, which must satisfy specific conditions specified in Article 44a of this Decree, ministries, ministerial-level agencies and provincial-level People’s Committees shall consider applying the corresponding order and procedures specified in Clauses 1, 2, 3, 4 and 5 of this Article. The decision on application of the method of investor selection in special cases and investor approval shall concurrently serve as the decision on investor approval in accordance with the law on investment.

8. Annually, competent agencies shall report to the Ministry of Finance on the results of project implementation by selected investors, ensuring satisfaction of requirements on project implementation progress, quality and efficiency, for the latter to incorporate these information in the report on bidding activities to be submitted to the Prime Minister.”.

18. To add Chapter IVb, including Articles 44c and 44d, below Chapter IVa as follows:

“Chapter IVb

INVESTOR APPOINTMENT

Article 44c. Projects applying the method of investor appointment

1. Projects applying the method of investor appointment specified in Clause 2a, Article 34 of the Bidding Law include:

a/ Projects proposed by investors that own or have the right to use technologies on the list of strategic technologies and strategic technology products in accordance with the law on science, technology and innovation and the law on high technology;

b/ Projects for which the investors that have previously deployed digital infrastructure and digital platforms need to be selected so as to ensure technical compatibility, synchronization and connectivity;

c/ Projects of which the implementation progress needs to be accelerated to promote socio-economic development and ensure national interests as proposed by the investors, including:

c.1/ Projects that need to be implemented to prevent, immediately remedy or promptly address the consequences caused by disasters, fires, unexpected accidents, incidents, catastrophes or other force majeure events;

c.2/ National important projects eligible for application of the method of  investor appointment under the National Assembly’s resolutions;

c.3/ Projects that fall into cases eligible for investor appointment in accordance with specialized laws;

c.4/ Projects of which the implementation progress needs to be accelerated to serve national- or provincial-level celebrations or events;

c.5/ Projects involving sea encroachment activities to create the momentum for local socio-economic development as directed in Resolutions of Executive Boards of provincial-level Party Committees, and notices of opinions and conclusions of Standing Bodies of provincial-level Party Committees, and resolutions of provincial-level People’s Councils;

c.6/ Urban development projects following the transit-oriented development (TOD) model within the scope of the national railway project in accordance with the railway law.

2. Annually, competent agencies shall report to the Ministry of Finance on the implementation of projects by appointed investors, ensuring that the projects meet progress, quality and efficiency requirements, for the latter to incorporate such information in the report on bidding activities to be submitted to the Prime Minister.

Article 44d. Procedures for appointment of investors

1. Procedures for appointment of investors

a/ The ordinary procedures shall be applied to projects for which the competent agencies formulate dossiers of request for investment policy approval (for projects subject to investment policy approval in accordance with the law on investment) or dossiers of proposal for project implementation (for projects not subject to investment policy approval);

b/ The fast-tract procedures shall be applied to projects proposed by the investors.

2. The ordinary procedures for appointment of investors specified at Point a, Clause 1 of this Article shall be carried out as follows:

a/ Based on the decision on investment policy approval or document approving the investment project information, the attached or subordinate agency, organization or unit shall propose the competent agency to consider and decide to apply the investor appointment method;

b/ Formulating the dossier of requirements:

The bid solicitor shall formulate the dossier of requirements, comprising the contents specified in Clause 2, Article 14 of this Decree, except the requirement for the investor to make bid security.

The competent person or the bid solicitor (in case it is authorized to approve the dossier of requirements) does not need to appraise the dossier of requirements; when it is necessary to appraise the dossier the requirements, it shall organize the appraisal of the dossier of requirements according to Article 54 of this Decree before dossier approval;

c/ Approving the dossier of requirements:

The competent person or the bid solicitor shall approve the dossier of requirements, identifying the investor proposed for appointment, and send the dossier of requirements to the investor;

d/ Preparing and submitting the dossier of proposals:

The investor proposed for appointment shall prepare and submit a dossier of proposals according to the requirements set in the dossier of requirements;

dd/ Evaluating the dossier of proposals:

The bid solicitor shall evaluate the bid dossier based on the evaluation method and criteria specified in the dossier of requirements.

During the evaluation process of the dossier of proposals, the investor may clarify, modify and supplement the dossier of proposals;

e/ Approving and publicizing the investor appointment result:

The competent agency is not required to appraise the investor appointment result; when it is necessary to appraise the investor appointment result, it shall organize the appraisal according to Article 55 of this Decree before approval.

The approval of the investor appointment result must comply with Article 28 of this Decree, without having to approve the list of investors meeting the technical requirements and to rank investors.

The publicization of the investor appointment result must comply with Article 29 of this Decree;

g/ Negotiating, finalizing, signing and publicizing the project contract:

The bid solicitor and the investor shall negotiate and finalize the contract under Article 30 of this Decree. The signing and publicization of major information of the project contract must comply with Article 31 of this Decree.

In case the negotiation or finalization of the contract with the investor is unsuccessful, the bid solicitor shall report thereon to the competent person for consideration and decision on bid cancellation under Point a, Clause 2, Article 17 of the Bidding Law.

3. The fast-track procedures for investor appointment specified at Point b, Clause 1 of this Article shall be carried out as follows:

a/ After obtaining a decision on investment policy approval or document approving the project information, the bid solicitor shall submit to the competent agency a draft decision on approval of the investor selection result, along with the draft contract, explaining the basis for applying the method of investment appointment;

b/ The competent agency shall approve the investor appointment result; the approval decision must include the contents specified at Points a, b and d, Clause 2, Article 28 of this Decree. The bid solicitor shall post the investor appointment result under Article 29 of this Decree;

c/ Based on the decision on investment policy approval or the document approving the project information, and the decision on approval of the investor appointment result, the bid solicitor shall formulate requirements on the investor’s capacity and request the investor to propose the land use efficiency or investment efficiency for the development of the sector, field or locality. The bid solicitor shall evaluate the investor’s proposal based on the “pass” and “fail” criteria.

In case the investor fully meets the requirements, the bid solicitor shall negotiate and finalize the draft contract with the investor and relevant parties (if any) regarding the rights, obligations and responsibilities of the parties in project implementation and other necessary contents (if any). In case the contract negotiation or finalization with the investor is unsuccessful, the bid solicitor shall report thereon to the competent agency for consideration and decision on bid cancellation under Point a, Clause 2, Article 17 of the Bidding Law;

d/ Based on the negotiation result, the signing of the contract and posting of major information of the contract must comply with Article 31 of this Decree.

4. For the projects specified at Point c, Clause 1, Article 44c of this Decree, when it is requested to accelerate the implementation progress, investors shall commence work construction concurrently with the negotiation, finalization and signing of the contracts.

5. For the projects specified in Clause 1, Article 44c of this Decree for which requirements on national defense and security assurance arise as directed in resolutions, conclusions and directives of the Party Central Committee, the Political Bureau, the Secretariat, and key leaders of the Party and the State, the investor selection must comply with Clause 4, Article 44b of this Decree.”.

19. To amend and supplement a number of clauses of Article 46 as follows:

a/ To amend the title of the Article 46 as follows:

“Article 46. Criteria for capacity evaluation”;

b/ To amend Clause 2 as follows:

“2. The bidding dossier does not provide criteria for evaluation of experience in implementing similar projects, but must provide the principle for handling cases in which investors submit documents evidencing their experience in implementing similar projects for use as grounds for consideration for contract award in accordance with Clause 5, Article 59 of this Decree.

In case specialized laws require investors to prove their experience in implementing similar projects when participating in the bidding, the bid solicitor and the expert team shall determine the criteria for evaluation of experience in implementing similar projects in accordance with the specialized laws.”;

c/ To annul Clauses 3 and 4.

20. To add Point e below Point dd, Clause 2, Article 47 as follows:

“e/ For investment projects to be implemented on land areas with assets attached thereto, the bidding dossier must specify the value of the assets attached to the land (in case the assets are to be sold) or the remaining value of the assets (in case the assets are to be dismantled or destroyed) in accordance with the law on the management and use of public assets.

Investors shall commit in the bid dossiers on the payment of an amount equal to the value of the assets determined in the bidding dossier. This value shall be independent from the obligation of remittance into the state budget proposed by the investors under Article 48 or 49 of this Decree, and obligations on payment of land use levy, land rental and other financial obligations of the investors to the state budget in accordance with law.”.

21. To amend and supplement a number of clauses of Article 48 as follows:

a/ To amend and supplement Point a, Clause 4 as follows:

“a/ All land plots, land areas and land parcels for which land use rights have been auctioned for implementation of investment projects that are used for reference must have the same use purposes with the land areas planned for implementation of the project currently put up for bidding. In case the land areas planned for project implementation have multiple use purposes, it is permitted to refer to all land plots, land areas and land parcels for which land use rights have been auctioned for implementation of investment projects that have the same use purposes with the entire land areas planned for project implementation (if any) and with the largest portion of the land areas planned for project implementation;”;

b/ To add Point d below Point c, Clause 4 as follows:

“d/ In case the bid solicitor determines there are unusual fluctuations in land prices when determining the land plots, land areas and land parcels used for reference under Clauses 4 and 5 of this Article, the bid solicitor shall report thereon to the competent agency for the latter to consider and decide not to refer to land plots, land areas and land parcels with an increase rate through auction exceeding 20% ​​compared to the average post-auction increase of the land plots, land funds and land parcels for reference.”;

c/ To amend and supplement Clause 5 as follows:

“5. Land plots, land areas and land parcels with similar locations shall be determined as follows:

a/ Within the same commune-level administrative unit where the project which is put up for bidding shall be implemented. In case the project located in two or more commune-level administrative units, land plots, land areas and land parcels for reference shall be determined within the areas of all these administrative units. For projects with linear works or work items, the land plots, land funds or land parcels for reference shall be determined within the commune-level administrative unit where the main construction work of the project is located;

b/ In case there is no land plot, land area or land parcel in the commune-level administrative unit where the project is to be implemented meeting the conditions specified at Point b, Clause 4 of this Article, land plots, land funds or land parcels in another commune-level administrative unit of the province or city that borders the district-level administrative unit where the project is to be implemented shall be used for reference. In case of bordering multiple commune-level administrative units, the determination of the bordering commune-level administrative unit shall be considered and specifically decided by the competent person.

In case there are no land plots, land areas or land parcels for reference in the bordering commune-level administrative unit, the land plots, land areas or land parcels of the remaining commune-level administrative units of the province or city shall be used for reference;

c/ In case there are no land plots, land areas or land parcels meeting the conditions specified at Point b, Clause 4 and Point b of this Clause in the provincial-level administrative unit where the project is to be implemented, the land plots, land areas or land parcels with results of auctions for project implementation released within the period of 4 to 7 consecutive years preceding the date of issuance of the written approval of the progress tracking table of investor selection activities shall be used for reference, ensuring location similarity as specified at Point a or b of this Clause. The reference period shall be considered and specifically decided by the competent person;

d/ In case there is a change in the local administration model during the period specified at Point c of this Clause, the land plots, land areas or land parcels for reference shall be determined in all commune-level administrative units where the project’s works and work items are located (during the period after the implementation of the two-tier local administration model) and the land plots, land areas or land parcels in the district-level administrative unit (during the reference period before the implementation of the two-tier local administration model).”;

d/ To amend and supplement Clause 6 as follows:

“6. In case there are no land plots, land areas or land parcels that have been auctioned and can be used for reference under Clauses 4 and 5 of this Article, the average increase rate of the value of remittance into the state budget of all land-using investment projects with the same land use purpose as the land area planned for project implementation with available bidding results in the provincial-level administrative area within 5 consecutive years preceding the date of issuance of the written approval of the progress tracking table of investor selection activities shall be used for reference.”;

dd/ To amend and supplement Clause 9 as follows:

“9. Based on the functions, tasks and powers of specialized agencies under competent agencies in accordance with law and the specific conditions of each locality, chairpersons of provincial-level People’s Committees shall assign the specialized agencies or units in change of land to assume the prime responsibility for, and coordinate with the bid solicitors in, compiling a list of land plots, land areas and land parcels for reference specified in Clauses 4 and 5 of this Article to serve as a basis for determining the value of “m” in bidding dossiers.

If authorized to approve bidding dossiers, chairpersons of commune-level People’s Committees or heads of attached or subordinate agencies, organizations or units of provincial-level People’s Committees shall assign a unit with land management function to assume the prime responsibility for making statistics of land plots or land areas used for reference as specified in Clauses 4 and 5 of this Article to serve as a basis for determining the value of “m” in the bidding dossier.”.

22. To amend and supplement a number of clauses of Article 52 as follows:

a/ To amend and supplement Point b, Clause 4 as follows:

“b/ The transferee investor must meet the operational conditions in accordance with the relevant law applicable to each type of economic organization, and the laws on investment, enterprises, land, and real estate business, and specialized laws; and take over the rights and obligations to implement the investment project as committed by the  transferor investor in the bid dossier and project contract.”;

b/ To amend and supplement Point c, Clause 4 as follows:

“c/ From the time the project is put into commercial exploitation and operation, the transfer of shares and capital contributions must comply with the law on enterprises and the relevant law applicable to each type of economic organization, without having to meet the conditions specified at Points a and b of this Clause.”;

c/ To amend and supplement Clause 5 as follows:

“5. The transfer of a business investment project or the transfer of shares or capital contributions in and economic organization specified in Clauses 3 and 4 of this Article must be specified in a contract.

Based on the contract, the competent person shall consider and approve the proposal for the transfer of the land-using investment project or the transfer of shares or capital contribution in the economic organization.

If approving the transfer proposal, the competent person shall assign the bid solicitor to review, modify or supplement the contract.”;

d/ To amend and supplement Clause 9 as follows:

“9. When it is required to adjust an investment project during the course of implementation, resulting in a change in the contents of the project contract, the competent person shall assign the bid solicitor to coordinate with the local investment registration agency to guide the investor or the economic organization established by the bid-winning investor to carry out procedures for adjusting the investment project in accordance with the law on investment, and, at the same time, assign the bid solicitor to request the investor to update and commit to ensuring satisfaction of technical and financial capacity requirements for project implementation so as to review the contract contents for modification or supplementation after the investment project is adjusted, applicable to investment projects subject to investment policy approval as specified at Point a, Clause 1, Article 76 of the Bidding Law (except the cases specified in Clauses 3 and 4 of this Article) and projects not subject to investment policy approval.”.

23. To amend and supplement Clause 3, Article 56 as follows:

“3. To approve the bidding dossier or authorize the head of an attached/subordinate agency, organization or unit of a ministry, ministerial-level agency, provincial-level People’s Committee, Economic Zone Management Board; or the chairperson of a commune-level People’s Committee to approve the bidding dossier.”.

24. To amend the title of Article 57 as follows:

“Article 57. Responsibilities of attached and subordinate agencies, organizations and units of ministries, ministerial-level agencies, provincial-level People’s Committees; and commune-level People’s Committees.”.

25. To amend, supplement or annul a number of clauses of Article 58 as follows:

a/ To annul Clause 1;

b/ To amend and supplement Clause 2 as follows:

“2. An appraisal team shall be composed of agencies, organizations and units that are independent from the bid solicitor and the expert team, and are assigned tasks by the competent person, including:

a/ Attached and subordinate agencies, organizations and units of ministries or ministerial-level agencies, or Economic Zone Management Boards, for projects for which the bidding dossiers and investor selection results are approved by ministers, the heads of ministerial-level agencies or the heads of Economic Zone Management Boards, except the cases specified in Clause 3 of this Article;

b/ Provincial-level Departments of Finance, for projects for which the bidding dossiers and investor selection results are approved by Chairpersons of provincial-level People’s Committees, except the cases specified in Clause 3 of this Article.

When necessary, the competent person shall consider and decide to establish an appraisal team composed of individuals with appropriate capacity and experience from subordinate agencies, organizations or units.”.

26. To amend and supplement a number of clauses of Article 59 as follows:

a/ To amend and supplement Clause 5 as follows:

“5. After evaluating the bid dossiers, if two or more investors have the highest and equal overall scores, priority will be given to the investor with experience in implementing similar projects for consideration for contract award. In case investors with experience in implementing similar projects are evaluated equally, the investor with a higher score in land use efficiency, for the projects specified in Clause 1, Article 4 of this Decree, or the investor with a higher score in sectoral and local development investment efficiency, for projects specified in Clause 2, Article 4 of this Decree, shall be considered and proposed for contract award.”;

b/ To add Clause 10a below Clause 10 as follows:

“10a. In case an investor is merged while participating in the bidding, the merging investor may continue to participate in the bidding and shall take over the bidding capacity of the merged investor.”;

c/ To annul Clauses 11, 12 and 13.

27. To amend and supplement Clause 1, Article 60 as follows:

“1. Competence to examine bidding activities for investor selection:

a/ The Ministry of Finance shall examine investor selection activities in ministries, ministerial-level agencies and localities according to its functions and competence or at the request of the Prime Minister;

b/ Line agencies shall examine investor selection activities for projects under their management;

c/ For projects for which a ministry or ministerial-level agency is the agency deciding to organize bidding for investor selection, the minister or the head of the ministerial-level agency shall assign the agency, organization or unit responsible for managing bidding activities to examine bidding activities for investor selection;

d/ For locally managed projects, provincial-level Departments of Finance shall examine investor selection activities.”.

28. To amend and supplement a number of clauses of Article 61 as follows:

a/ To amend and supplement Point b, Clause 2 as follows:

“b/ Chairpersons of provincial-level People’s Committees shall assume the prime responsibility for, and organize the supervision of, bidding activities for selection of investors for projects for which they act as the competent persons in the localities. Provincial-level Departments of Finance shall assist Chairpersons of provincial-level People’s Committees in organizing the supervision of bidding activities for investor selection in the localities.”;

b/ To add Point c below Point b, Clause 2 as follows:

“c/ The competent person shall assign an individual or subordinate unit that has expertise in bidding and is independent from the bid solicitor, expert team or appraisal team, to supervise bidding activities for all projects applying the investor appointment method or the method of investor selection in special cases, or other projects when necessary.”;

c/ To add Clause 3a below Clause 3 as follows:

“3a. Responsibilities of individuals or units supervising bidding activities:

a/ To be honest and objective; not to cause harassment to the bid solicitor, expert team or appraisal team during the supervision process;

b/ To request the bid solicitor, expert team or appraisal team to provide relevant documents and materials to support the supervision process;

c/ To receive feedback from investors and organizations/individuals related to investor selection for the projects under supervision;

d/ To maintain confidentiality of information in accordance with law;

dd/ To he held responsible for the results of their supervision;

e/ To perform other responsibilities as prescribed by the bidding law and other relevant laws.”.

29. To add Article 61a below Article 61 as follows:

“Article 61a. Handling of violations in bidding activities for investor selection

1. The period of prohibition from participation in bidding activities for violating organizations and individuals, including also persons under the management of competent agencies, solicitors for expression of interest, the bid solicitors, expert teams and appraisal teams shall be:

a/ Between 3 years and 5 years, for one of the violations specified in Clauses 1, 2 and 4 and at Point a, Clause 3, Article 16 of the Bidding Law;

b/ Between 1 year and 3 years, for one of the violations specified at Point c, Clause 3; and Clause 5, Article 16 of the Bidding Law;

c/ Between 6 months and 1 year, for one of the violations specified at Points a, b, c, d, dd and e, Clause 6, and Clause 7, Article 16 of the Bidding Law.

2. For joint-name investors, the prohibition from participation in bidding activities for investor selection specified in Clause 1 of this Article shall be applied:

a/ Only to the joint-name members that commit the violations specified at Point c, Clause 3; Clause 4; Points b, c, d and dd, Clause 5; Points a, b, c, d, dd and e, Clause 6; and Clause 7, Article 16 of the Bidding Law;

b/ To all joint-name members in case one or more than one member commits violations other than those specified at Point a of this Clause.

3. The statute of limitations for applying the measure of prohibition from participation in bidding activities for investor selection specified in Clause 1 of this Article is 10 years, counting from the date the violation is committed.

4. Ministries, ministerial-level agencies and provincial-level People’s Committees shall consider and issue decisions on prohibition from participation in bidding activities under the management of their ministries, sectors or localities within 15 days after receiving one of the following documents:

a/ Written requests from bid solicitors, accompanied by papers proving violations;

b/ Recommendations in inspection conclusions of inspection agencies or examination conclusions of examination teams;

c/ Petition settlement results by the Petition Settlement Council;

d/ Other documents determining the violations, made by competent state agencies.

5. A decision on prohibition from participation in bidding activities must have the following contents:

a/ Name of the violating organization or individual;

b/ Content of the violation, legal grounds for handling the violation and the period of prohibition corresponding to a separate violation; the total ban period (in case two or more violations are committed); the scope of the ban;

c/ The effective date of the decision.

30. To add Chapter VIIIa, including Articles 61b, 61c and 61d, below Chapter VIII as follows:

“Chapter VIIIa

SETTLEMENT OF PETITIONS IN BIDDING FOR INVESTOR SELECTION

Article 61b. Conditions for consideration and settlement of petitions

1. To be eligible for consideration and settlement, a petition about matters arising before the investor selection result is announced must fully satisfy the following conditions:

a/ The petition is made by an agency or organization expressing interest in the project, for petitions related to contents of the bidding dossier; in case the petition is about other matters arising during the investor selection process, it must be made by an investor participating in the bidding;

b/ The petition must contain the signature and stamp (if any) by the lawful representative of the petition-submitting investor, agency or organization or be digitally signed via the account and sent on the Vietnam National Electronic Procurement System according to the roadmap for online investor selection;

c/ The investor must send the petition to the bid solicitor and competent person within the time limit specified in Clause 1, Article 61c of this Decree.

2. To be eligible for consideration and settlement, a petition about the investor selection result must fully satisfy the following conditions:

a/ The petition must be made by an investor participating in the bidding;

b/ The petition must contain the signature and stamp (if any) by the lawful representative of the petition-submitting investor or be digitally signed via the account and sent on the Vietnam National Electronic Procurement System according to the roadmap for online investor selection;

c/ The investor concerned has yet to initiate a lawsuit or file a complaint or denunciation on the same matter as the petition;

d/ The petition must be directly related to the result of evaluation of the bid dossier;

dd/ The investor that files the petition must pay petition settlement expenses to the standing body assisting the Chairperson of the Petition Settlement Council (below referred to as the Standing Body). Within 3 working days after receiving the investor’s petition, the Standing Body shall send a notice to the investor about the petition settlement expenses and the method of payment. The investor shall pay petition settlement expenses within 2 working days after receiving the notice from the Standing Body. If the investor fails to pay petition settlement expenses, it/he/she shall be deemed to have failed to meet the conditions for consideration and settlement of petitions;

e/ The investor must file the petition to the competent person or Standing Body within the time limit specified in Clause 2, Article 61c of this Decree.

3. In case a petition of an investor, agency or organization does not satisfy the conditions specified in Clauses 1 and 2 of this Article, the person in charge of petition settlement shall notify in writing the refusal of consideration and settlement of the petition to the investor, agency or organization.

Article 61c. Procedures for settlement of petitions

1. A petition about matters arising before the investor selection result is announced shall be settled as follows:

a/ The investor, agency or organization shall file the petition about the bidding dossier to the bid solicitor before the bid closing time. The investor shall file the petition about other contents concerning the organization of investor selection to the bid solicitor before the investor selection result is announced.

b/ The bid solicitor shall issue a petition settlement decision to the concerned investor, agency or organization within 7 working days after receiving the latter’s petition.

c/ In case the investor, agency or organization disagrees with the petition settlement result, or past the time limit specified at Point b of this Clause, the bid solicitor has yet to issue a petition settlement decision, the investor, agency or organization may file a petition to the competent person within 5 working days after the deadline for petition settlement or after receiving the petition settlement decision from the bid solicitor.

d/ The competent person shall issue a petition settlement decision to the concerned investor, agency or organization within 7 working days after receiving the latter’s petition.

2. A petition about the contractor selection result shall be settled as follows:

a/ The investor shall file the petition to the bid solicitor within 10 days after the investor selection result is published on the Vietnam National Electronic Procurement System.

b/ The bid solicitor shall issue a petition settlement decision to the concerned investor within 7 working days after receiving the investor’s petition.

c/ In case the investor disagrees with the petition settlement result, or past the time limit specified at Point b of this Clause, the bid solicitor has yet to issue a petition settlement decision, the investor may file a petition to the standing body of the Petition Settlement Council under Clause 1, Article 61d of this Decree within 5 working days after the deadline for petition settlement or after receiving the petition settlement decision from the investor.

d/ The Petition Settlement Council shall, within 20 days after being established, consider the investor’s petition and report thereon to the competent person for consideration and decision.

dd/ The competent person shall issue a decision on settlement of the petition about the investor selection result within 5 working days after receiving a report of the Petition Settlement Council.

e/ In case of necessity, the Petition Settlement Council shall report to the competent person for consideration the suspension of conclusion and performance of the contract. If approving, within 5 working days after receiving the Council’s report, the competent person shall send to the bid solicitor a notice of suspension of the conclusion and performance of the contract, clearly stating the period of suspension.

3. The petition settlement decision shall be sent to the investor, agency or organization concerned within 5 working days from the date it is issued by the bid solicitor or competent person. The petition settlement decision must have the conclusion on the contents of the investor’s petition:

a/ In case the petition is concluded to be correct, the petition settlement decision must clearly state the measures, methods and time limit to remedy consequences (if any);

b/ In case the investor’s petition is concluded to be incorrect, the written reply must clearly explain the reason.

4. In case of disagreement with the petition settlement decision of the bid solicitor or the competent person, the Petition Settlement Council and the investor may initiate a lawsuit at court.

5. Investors may withdraw their petitions any time during the process of settlement. A written request for petition withdrawal must contain the signature and stamp (if any) of the lawful representative of the investor or the person who signed the bid application form.

Article 61d. Composition, responsibilities and operation of petition settlement councils

1. Petition settlement councils and their standing bodies:

a/ The Petition Settlement Council established by the Minister of Finance shall settle petitions at the request of the Prime Minister;

b/ The Petition Settlement Council established by a minister, the head of a ministerial-level agency or the chairperson of an Economic Zone Management Board shall settle petitions for the projects for which the concerned ministry, ministerial-level agency or Economic Zone Management Board serves as the competent agency. The agency or unit assigned to manage bidding activities of the ministry, ministerial-level agency or Economic Zone Management Board shall act as the Standing Body of the Council;

c/ The Petition Settlement Council established by the chairperson of a provincial-level People’s Committee shall settle petitions for projects for which the provincial-level People’s Committee serves as the competent agency; the provincial-level Department of Finance shall act as the Standing Body of the Council.

The Standing Bodies shall perform administrative tasks prescribed by chairpersons of petition settlement councils; and receive and manage money amounts paid by petition-filing investors.

2. The composition of petition settlement councils:

a/ A Petition Settlement Council shall be composed of a chairperson, vice chairperson (if necessary), the Standing Body, representatives of related agencies and representatives of professional associations, experts and scientists (if any).

b/ The chairperson of the Petition Settlement Council specified at Point a, Clause 1 of this Article is a representative of the Ministry of Finance. The Chairperson of a Petition Settlement Council specified at Point b, Clause 1 of this Article is a representative of the agency, organization and unit assigned to manage bidding activities of the agency establishing the Council. The Chairperson of a Petition Settlement Council specified at Point c, Clause 1 of this Article is a representative of the provincial-level Department of Finance;

c/ Members of a Petition Settlement Council may not be persons having family relationships as specified in the Law on Enterprises with the person undersigning the petition, members of the expert team or appraisal team and the person signing to approve the investor selection result.

3. A Petition Settlement Council shall operate as follows:

a/ The Petition Settlement Council shall be established within 5 working days from the date the Standing Body receives a petition submitted by an investor in accordance with Point dd, Clause 2, Article 61b of this Decree;

b/ The Petition Settlement Council shall operate on a case-by-case basis, work on a collegial basis and as directed by the Council’s chairperson and make decisions by majority. Members may reserve their opinions and shall take responsibility before law for their opinions;

c/ The Petition Settlement Council may request the investor, bid solicitor and related individuals, agencies, organizations and units to provide information on the project and other relevant information to perform its tasks;

d/ The Petition Settlement Council shall automatically dissolve upon completion of its tasks.”.

31. To amend and supplement a number of clauses of Article 62 as follows:

a/ To amend and supplement Clause 1 as follows:

“1. From July 1, 2026: To carry out online procedures for invitation for expression of interest in the country as specified in Article 63 of this Decree on the Vietnam National Electronic Procurement System (below referred to as the System).”;

b/ To amend and supplement Clause 2 as follows:

“2. From January 1, 2027: To carry out the online procedures for investor selection for land-using investment projects applying the form of open bidding or domestic restricted bidding applying the one-stage one-envelope method or the one-stage two-envelope method as specified in Article 64 of this Decree on the System.”.

32. To annul Article 67.

33. To remove the word “experience”, and the phrases “and experience”, and “documents proving experience in implementing similar projects” in Clause 4, Article 18; Clause 1, Article 20; Article 21; Point b, Clause 1, Article 22; Point b, Clause 1, and Point b, Clause 4, Article 24; Point dd, Clause 2, and Clauses 3 and 6, Article 39; Clauses 2 and 4, Article 41; Clauses 2, 3 and 4, Article 45; Clause 6, Article 46; Points b and e, Clause 1, Article 50; Clause 10, Article 59; Point b, Clause 3, Article 63; Point b, Clause 3, Article 64; and Point b, Clause 1, Article 65.

34. To replace the phrase “investment projects on construction of energy works” at Point i, Clause 2, Article 4; Clause 1, Article 14; Point d, Clause 2, Article 19; Clause 4, Article 45; Point m, Clause 1, and Point b, Clause 3, Article 47; and Clause 2, Article 49”, with the phrase “electricity business investment projects”.

35. To replace the phrase “the Ministry of Planning and Investment” at Point a, Clause 1, Article 60 with the phrase “the Ministry of Finance”; to replace the phrase “the provincial-level Department of Planning and Investment” at Point b, Clause 2, Article 11 with the phrase “the provincial-level Department of Finance”.

36. To replace the phrase “the Consultancy Council” in Article 8 with the phrase “the Petition Settlement Council”.

Article 3. Implementation provisions

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

2. From the effective date of this Decree, the following Decrees and articles shall cease to be effective:

a/ Articles 1 and 3 of the Government’s Decree No. 17/2025/ND-CP of February 6, 2025, amending and supplementing a number of articles of the Decrees detailing a number of articles of, and providing measures to implement, the Bidding Law;

b/ Articles 9 and 10 of the Government’s Decree No. 125/2025/ND-CP of June 11, 2025, on the delimitation of competence of two-tier local administrations in the fields under the state management of of the Ministry of Finance.

3. Transitional provisions:

a/ For projects for which bidding dossiers have been issued and bids have been opened under Decree No. 23/2024/ND-CP or Decree No. 115/2024/ND-CP prior to the effective date of this Decree, bid dossiers shall continue to be evaluated based on the issued bidding dossiers;

b/ For projects for which notices of invitation for expression of interest or dossiers of invitation for expression of interest have been issued on the Vietnam National Electronic Procurement System and bids have been opened before the effective date of this Decree, dossiers of registration for project implementation shall continue to be evaluated based on the issued dossiers of invitation for expression of interest.

If only one investor meets the requirements of the dossier of invitation for expression of interest, the procedures for approval of the investor must comply with the law on investment.

If two or more investors meet the requirements of the dossier of invitation for expression of interest, the investor selection must comply with Bidding Law No. 22/2023/QH15 (as amended and supplemented under Law No. 57/2024/QH15 and Law No. 90/2025/QH15) and this Decree;

c/ For projects for which the investor selection results have been approved but the contracts have not been negotiated, finalized or concluded by the effective date of this Decree, the competent agencies shall organize the negotiation, finalization and conclusion of the contracts and management of contract performance based on the investor selection results and bid dossiers and bidding dossiers issued under Bidding Law No. 22/2023/QH15 (as amended and supplemented under Law No. 57/2024/QH15) and detailing and guiding documents;

d/ For projects for which dossiers of invitation for expression of interest are being formulated or bidding dossiers are being formulated or appraised but dossiers of invitation for expression of interest or bidding dossiers have not yet been approved by the effective date of this Decree, the solicitor for expression of interest or bid solicitors shall formulate dossiers of invitation for expression of interest or bidding dossiers in accordance with Bidding Law No. 22/2023/QH15 (as amended and supplemented under Law No. 57/2024/QH15 and Law No. 90/2025/QH15) and this Decree;

dd/ For projects for which dossiers of invitation for expression of interest or bidding dossiers were issued but bids have not been opened by the effective date of this Decree, the solicitors for expression of interest or bid solicitors shall report to competent persons for consideration the continuation of invitation for expression of interest or invitation for bids under the issued dossiers or extension of the bid opening time to modify or supplement dossiers of invitation for expression of interest or bidding dossiers in accordance with Bidding Law No. 22/2023/QH15 (as amended and supplemented under Law No. 57/2024/QH15 and Law No. 90/2025/QH15) and this Decree;

e/ For the projects specified in Clause 4, Article 44b of Decree No. 115/2024/ND-CP, which is amended and supplemented under Clause 17, Article 2 of this Decree, if valid dossiers have been received by the Ministry of Finance or investment registration agencies in accordance with the law on investment but the appraisal of investment policy has not been organized or investment policy appraisal reports have not been completed by the effective date of this Decree, the Ministry of Finance or investment registration agencies shall continue to appraise the investment policy in accordance with the law on investment and concurrently transfer 1 set of dossier sent by the investors to the Ministry of Public Security or the Ministry of National Defense to perform procedures for investor selection in special cases in accordance with this Decree;

g/ Project contracts signed before the effective date of this Decree shall continue to be implemented. In case it is necessary to modify or supplement the contract but the law applicable at the time of contract conclusion has no provisions thereon, or when it is necessary to modify or supplement the contract to ensure the project’s efficiency, the concerned parties may agree on modifications and supplements under Bidding Law No. 22/2023/QH15 (as amended and supplemented under Law No. 57/2024/QH15 and Law No. 90/2025/QH15), this Decree and relevant laws in effect at the time of contract modification or supplementation;

h/ Between July 1, 2025, and the effective date of this Decree, the implementation of business investment projects must comply with Bidding Law  (as amended and supplemented under Law No. 57/2024/QH15 and Law No. 90/2025/QH15) and Decree No. 23/2024/ND-CP, Decree No. 115/2024/ND-CP (as amended and supplemented under Decree No. 17/2025/ND-CP) and relevant guiding documents that are still consistent with the provisions of the Bidding Law (which is amended and supplemented under Decree No. 17/2025/ND-CP);

i/ Pending the effective date of guiding documents for this Decree, related organizations and individuals may apply guiding documents detailing the Bidding Law (as amended and supplemented under Law No. 57/2024/QH15), Decree No. 23/2024/ND-CP, and Decree No. 115/2024/ND-CP (which is amended and supplemented under Decree No. 17/2025/ND-CP) to formulate, modify and supplement dossiers of invitation for expression of interest, bidding dossiers and relevant dossiers and documents during the investor selection in accordance with the Bidding Law (which is amended and supplemented under Law No. 57/2024/QH15 and Law No. 90/2025/QH15) and this Decree;

k/ For projects managed by agencies, organizations or units subject to the restructuring of administrative units, the agencies, organizations or units formed after the reorganization shall receive dossiers and documents relevant to the investor selection process and sign project contracts to continue implementing the projects; take over all rights, obligations and responsibilities stated in the project contracts from the reorganized agencies, organizations or units, and modify the project contracts if necessary, ensuring the normal and uninterrupted implementation of the projects and project contracts.

4. Ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of provincial-level People’s Committees shall, within the ambit of their functions and powers, guide and implement this Decree.-

On behalf of the Government
For the Prime Minister
Deputy Prime Minister
TRAN HONG HA