Details on the Form of Investor Selection for Land-Using Investment Projects

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To be specific:, Article 10 of Decree 25/2020/ND-CP stipulates the forms of investor selection for land use investment projects include: international open bidding; domestic open bidding; and direct contracting. Specifically, as follows:

First, the international open bidding form applies to projects that meet all of the following conditions:

- Have a preliminary total project implementation cost (excluding compensation, support, resettlement, land levy, land rent) of 800,000,000,000 (eight hundred billion) VND or more;

- Have at least two investors meeting the preliminary requirements on capacity and experience as prescribed in Clause 3, Article 13 of this Decree, including at least one foreign investor;

- Not falling under the cases specified at Points a and c, Clause 2 of this Article.

Second, the domestic open bidding form applies in the case:

- Investment project where the laws of Vietnam or international treaties to which the Socialist Republic of Vietnam is a member prescribe restrictions on foreign investors’ participation;

- Projects with at least two investors meeting the preliminary requirements on capacity and experience, in which no foreign investors participate or meet the preliminary requirements on capacity and experience according to Clause 3, Article 13 of this Decree;

- Projects with requirements on national defense and security assurance decided by the Prime Minister of the Government of Vietnam as proposed by the competent state authority and with the consensus of the Ministry of Defense regarding defense assurance requirements; the consensus of the Ministry of Public Security regarding security assurance requirements.

Third, the direct contracting form applies as stipulated at Point b, Clause 4, Article 22 of the Law on Bidding.

In addition, this decree stipulates the conditions for determining investment projects with land use:

- Belonging to the list of projects requiring land recovery approved in accordance with the law on land or belonging to land under the management and use by the state; urban development programs (if any) according to the law on urban development.

- Consistent with socio-economic development plans, sectoral development plans; construction planning at a scale of 1/2,000 or 1/500 (if any) or urban subdivision planning at a scale of 1/2,000 or 1/5,000 as prescribed by law.

- Not eligible for organizing land use rights auction according to the law on land.

For more details, see Decree 25/2020/ND-CP effective from April 20, 2020.

Thu Ba

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