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The Government has just issued Decree No. 23/2024/ND-CP detailing a number of articles and measures to implement the Bidding Law on selecting investors to implement projects in cases where organization is required. Bidding according to the provisions of law on industry and field management.
According to the Ministry of Planning and Investment, Decree 23/2024/ND-CP continues to improve the legal framework on bidding to select investors to implement business investment projects in accordance with new regulations of the Law on Bidding 2023. At the same time, remove difficulties and obstacles in the process of implementing bidding activities to select investors, improve quality, efficiency and ensure competition, fairness, transparency and economic efficiency. economics in bidding activities to select investors. The Decree also continues to simplify procedures, improve the effectiveness and efficiency of state management for bidding activities to select investors to implement business investment projects, contributing to preventing corruption. , negative, wasteful in investor selection.
Specify the project subject to bidding
Decree 23/2024/ND-CP specifically regulates projects subject to bidding to select investors according to the provisions of law on industry and field management, including:
a) International football betting business project according to the provisions of law on the business of betting on horse racing, greyhound racing and international football;
b) Investment projects to build domestic solid waste treatment works according to the provisions of law on environmental protection;
c) Dredging projects in seaport waters and inland waterways combined with product recovery according to the provisions of law on maritime traffic and inland waterways;
d) Projects for specialized aviation services at airports and aerodromes according to the provisions of law on civil aviation, except for aviation operations centers of domestic airlines at airports, airport;
d) Specialized road traffic service projects according to the provisions of law on road traffic including mixed-function areas serving public and commercial purposes;
e) Investment projects to renovate and rebuild apartment buildings according to the provisions of housing law;
g) Investment projects to build water supply projects, investment projects to build water supply systems according to the provisions of law on production, supply and consumption of clean water;
h) Projects subject to bidding when there are 2 or more interested investors registering for implementation, including: projects in the fields of education, vocational training, health, culture, and sports , environment according to the provisions of law on encouraging socialization, except for projects specified in points b and g above; horse and greyhound racing investment projects, including business activities of betting on horse racing and greyhound racing according to legal regulations on business of betting on horse racing, greyhound racing and international football; investment projects to build social housing according to the provisions of housing law.
Projects that must be held for bidding according to the provisions of law on management of the above industries and fields and use land must fully meet the following conditions: a) In cases where the State recovers land according to regulations provisions of land law; In case the land area where the project is to be implemented has land managed by the State according to the provisions of land law, the State will recover land for the entire project area (including the land area owned by the State). State management within the scope of the project). b) Not eligible for auction of land use rights according to the provisions of land law, not eligible for auction of public assets according to the provisions of law on public asset management.
2 levels of investment incentives
Decree No. 23/2024/ND-CP also clearly stipulates incentives in investor selection.
Accordingly, investors have solutions to apply advanced technology, high technology, environmentally friendly technology, and the best available techniques to minimize environmental pollution for projects in the at-risk group. High levels of negative impact on the environment according to the provisions of law on environmental protection are entitled to a 5% incentive when evaluating bids;
The investor commits to transferring technology that belongs to the List of technologies prioritized for investment and development according to the law on high technology or to the List of technologies encouraged for transfer according to the law on transfer. technology is entitled to a 2% incentive when evaluating bids.
The Decree requires that, when bidding, investors must submit documents proving technology application solutions, technology transfer and the right to legally use technology in accordance with the provisions of law on high technology and technology transfer. technology transfer, environmental protection, and other relevant laws to enjoy prescribed incentives.
Investors who are eligible for incentives and are selected to sign contracts must comply with their commitments in the bid documents and business investment project contracts.
The Decree also specifies the order and procedures for selecting investors, consistent and consistent with the law on investment and land law; Methods and standards for evaluating bids suitable for each industry and field... |
