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Official Gazette

Saturday, January 18, 2020

Circular No. 3/2011/TT-BKHDT: Provincial administrations to draw up BOT, BTO, BT project lists

Updated: 09:49’ - 03/03/2011

From April 1, ministries, sectors and provincial-level People’s Committees will be responsible for formulating or revising lists of build-operate-transfer (BOT), build-transfer-operate (BTO) and build-transfer (BT) projects in their localities in the course of formulating annual socio-economic development plans.

This is provided in Ministry of Planning and Investment Circular No. 3/2011/TT-BKHDT of January 27, guiding Government Decree No. 108/2009/ND-CP of November 27, 2009, on investment under BOT, BTO and BT contracts.

Under the Circular, a project considered to be on a list must fully satisfy such conditions as being in line with the sector development plan and local socio-economic development plan; being suitable to investment area specified in Article 4 of Decree No. 108/2009/ND-CP; having objectives meeting the requirement for use of socio-economic infrastructure facilities (even though ministries, sectors and localities are unable to mobilize state budget capital or other sources for implementation of these projects); and having a feasible plan to obtain a capital source to pay to investors or to transfer other projects to investors for implementation (for BT projects).

This Decree specifies five steps of general process of investor selection, including formulation, appraisal and approval of a plan on investor selection; preparation for investor selection; distribution of bidding dossiers or a dossier of requirement and receipt of bid dossiers or proposal dossiers; evaluation of bid dossiers or proposal dossiers; and submission, appraisal, approval and notification of results of investor selection.

Investors may be selected by two modes including national or international open bidding (for projects with more than one investor each) and appointment of investors (for projects to meet urgent needs or with investors decided by the Prime Minister). Bid solicitors may also select investors on other principles but must guarantee the highest competitiveness and efficiency of projects and be responsible for their decisions.

Investors already granted investment certificates under Decree No. 108/2009/ND-CP may continue implementing projects under this Decree, project contracts and their investment certificates.-

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