Policy update
Surveying investors' interests During the preparation of the feasibility study report, the competent authority shall organise a survey of the interest of investors and lenders, except for projects approved by the Prime Minister for direct appointment of investor according to clause 2, Article 39 of the Law on Public-Private Partnership. For projects proposed by investors, the survey shall be conducted after the investors have
completed a draft feasibility study report and submitted to competent authorities.
Modes of investor selection Based on the survey result on investor’s interests, competent authorities shall decide on mode of investor selection. Open bidding: International open bidding is applicable if there are at
least one investor established under foreign law has registered interest in the project. Domestic open bidding is applicable when all registered investors were incorporated under Vietnam laws. Competitive negotiation: applicable when there are less than 03 investors meeting the project implementation requirements or when the project applies new and advanced technology. Investor appointment: applicable to projects that need to meet the requirements of national security or projects that require immediate substitution of investors to ensure continuity in the project implementation process. In case domestic open bidding applies but the project needs to promote the use of advanced technologies and techniques as well as good international management experience then the bidding documents can state investor’s wish for a partnership with foreign investors or for using foreign contractors to participate in bidding. The domestic investor must be the head of the partnership and the language used in investor selection must be Vietnamese.
Deposits for project execution For projects with total invested capital of over VND300 billion (USD13 million): deposit amount ranges from 1 percent to 1.5 percent of the total investment. For projects with total invested capital of up to VND300 billion: deposit amount ranges from 1.5 percent to 3 percent of the total investment.
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april 2021
