Circular 12/2023/TT-BGTVT bidding for selection of investors for specialized aviation service works at airports, aerodromes

CIRCULAR

Amending and supplementing a number of articles of the Minister of Transport’s Circular No. 23/2021/TT-BGTVT dated November 5, 2021, guiding the making, approval and announcement of project lists; and methods and criteria for evaluation of bid dossiers and bidding for selection of investors for specialized aviation service works at airports and aerodromes

Pursuant to the Vietnam Civil Aviation Law dated June 29, 2006, and the Law Amending and Supplementing a Number of Articles of the Vietnam Civil Aviation Law dated November 21, 2014;

Pursuant to the Bidding Law dated November 26, 2013;

Pursuant to the Land Law dated November 29, 2013;

Pursuant to the Law on Investment dated June 17, 2020;

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

Pursuant to the Government’s Decree No. 25/2020/ND-CP dated February 28, 2020, detailing a number of articles of the Bidding Law regarding investor selection;

Pursuant to the Government’s Decree No. 148/2020/ND-CP dated December 18, 2020, amending and supplementing a number of Decrees detailing the implementation of the Land Law;

Pursuant to the Government’s Decree No. 05/2021/ND-CP of January 25,
2021, on management and operation of airports and aerodromes;

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

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

The Minister of Transport promulgates the Circular amending and supplementing a number of articles of the Minister of Transport’s Circular No. 23/2021/TT-BGTVT dated November 5, 2021, guiding the making, approval and announcement of project lists; and methods and criteria for evaluation of bid dossiers and bidding for selection of investors for specialized aviation service works at airports and aerodromes.

Article 1. Amending and supplementing a number of articles, Appendices of the Minister of Transport’s Circular No. 23/2021/TT-BGTVT dated November 5, 2021, guiding the making, approval and announcement of project lists; and methods and criteria for evaluation of bid dossiers and bidding for selection of investors for specialized aviation service works at airports and aerodromes (hereinafter referred to as Circular No. 23/2021/TT-BGTVT)

1. To amend and supplement Article 8 as follows:

“Article 8. Preparation and submission of dossiers for project implementation registration

1. Investors shall prepare and submit dossiers for project implementation registration based on the contents specified in Clause 2, Article 7 of this Circular. Such a dossier must comprise a written registration for project implementation; documents proving legal status, capacity ad experience of investors; and other relevant documents (if any). The submission of dossiers for project implementation registration shall comply with the Minister of Planning and Investment’s Circular No. 10/2022/TT-BKHDT dated June 15, 2022, providing in detail the provision and publication of information and selection of investors on the Vietnam National E-Procurement System.

2. Upon the expiration of the time limit for project implementation registration, the Civil Aviation Authority of Vietnam shall carry out preliminary evaluation of capacity and experience of investors that have submitted dossiers.”

2. To amend the title of Clause 2, Article 16 as follows:

“2. For the operation of airports and aerodromes, the minimum level of payment into the state budget (m₃) shall be determined according to the following formula:”

3. To add Clause 3, Article 16 as follows:

“3. For airports and aerodromes newly built that have been compensated and cleared by the State with state budget capital, the minimum level of payment into the state budget (m₃) shall be determined according to the following formula:

m₃ = g x s

In which:

- g is the highest land appraisal price for 01 m² approved by the competent People’s Committees for calculation of compensation amount when the State recovers land for investment in the construction of airports and aerodromes (up to the time of approving the bidding dossiers for investor selection);

-s is the area of ​​land for project implementation mentioned in the section “estimated land use demand" in the dossier for submission of the project list approved by the Ministry of Transport according to Article 6 of this Circular.

This value is relative, serving as a basis for investors to propose amounts to be paid into the state budget, and dependent from land rental amounts payable by investors in accordance with the land law.”.

4. To amend Clause 2, Section 6, Chapter I, Appendix II as follows:

“2. Investors submit dossiers for project implementation registration as prescribed in the Minister of Planning and Investment’s Circular No. 10/2022/TT-BKHDT dated June 15, 2022, providing in detail the provision and publication of information and selection of investors on the Vietnam National E-Procurement System, before ___ hours, date ___ month ___ year ___ [Record the deadline for submitting the dossiers for project implementation registration, which is within 30 days from the date the project list is uploaded].”

5. To amend Section 1.2 - Investor instructions, Chapter II, Part 1, Appendix IV as follows:

“Preliminary total expenses for project implementation (m1): ___ [record preliminary total expenses for project implementation approved in the project list].

- Preliminary expenses for compensation, support and resettlement (m2): ___ [record preliminary expenses for compensation, support and resettlement of the land area in need of support and resettlement determined in Clause 2, Article 15 of this Circular].

- The minimum level of payment into the state budget (m3): ___ [record the minimum level of payment into the state budget determined in Clauses 2 and 3, Article 16 of this Circular].”.

Article 2. Effect and organization of implementation

1. This Circular takes effect on June 29, 2023.

2. The Chief of the Office, Chief Inspector and directors of the Departments, the Director of the Transport Construction Investment Management Authority, the Director of the Civil Aviation Authority of Vietnam, and heads of related agencies and organizations, and related individuals shall implement this Circular./.