Vietnamese
On July 7, 2026, the Government issued Decree No. 274/2026/ND-CP detailing a number of articles of, and providing measures for implementing, the Law on Bidding regarding the selection of investors for investment business projects. The Decree takes effect on August 21, 2026.
Decree No. 274/2026/ND-CP provides detailed regulations on several important provisions of the Law on Bidding regarding the selection of investors for investment business projects.
Accordingly, the Decree provides detailed guidance on ensuring competition in investor selection; preferences for investors; investor selection expenses; investor appointment; investor selection in special cases; methods, processes and procedures for investor selection; online bidding; methods and criteria for evaluating bid dossiers; contents of project contracts for land-using investment projects; inspection, supervision, handling of violations, settlement of arising situations, and transitional provisions.
The Decree also provides requirements on the capacity and experience of members of expert teams and appraisal teams, the connection and sharing of information between the National E-Procurement System and other information systems, and state management of bidding activities.
Notably, Article 4 of the Decree clearly specifies the investment business projects for which investor selection through bidding is required. Accordingly, bidding applies to land-using investment projects prescribed by the Land Law; land-using investment projects that are required to organize bidding under laws governing specific sectors and fields; and projects that are required to organize bidding under sector-specific laws but do not use land and are not subject to public property auction.
For land-using investment projects, the Decree specifies the cases subject to investor selection through bidding, including projects for which the State recovers land in accordance with the Land Law and Resolution No. 254/2025/QH15, or projects included in the list of land areas for investor selection through bidding as decided by provincial-level People's Councils.
The Decree also clarifies a number of cases where investor selection through bidding is not required. Specifically, projects allocated or leased land without auction of land use rights and not subject to investor selection through bidding under relevant laws are excluded from its application.
In addition, investment projects that do not use state budget funds and whose investors choose to acquire land use rights through agreement without proposing the State's land recovery, or projects in which current land users are granted investment policy approval concurrently with investor approval in accordance with the law on investment, are also not required to organize investor selection through bidding.
Decree No. 274/2026/ND-CP officially takes effect on August 21, 2026.
