Issuing Decree on selecting investors to implement investment projects using land

Issuing a Decree on selecting investors to implement investment projects using land.

The Government issued Decree No. 115/2024/ND-CP detailing a number of articles and measures to implement the Law on Bidding on selecting investors to implement investment projects using land.

Investment projects for construction of domestic solid waste treatment facilities in accordance with the provisions of the law on environmental protection are subject to bidding for investor selection.

Projects that must organize bidding to select investors

In particular, Decree No. 115/2024/ND-CP stipulates that investment projects using land must organize bidding to select investors according to the provisions of the law on land, including:

1- Investment projects using land as prescribed in Point a, Clause 1, Article 126 of the Land Law.

2- Investment projects using land as prescribed in Point b, Clause 1, Article 126 of the Land Law include:

a- Investment project to build facilities to treat domestic solid waste according to regulations of law on environmental protection;

b- Investment projects for construction of water supply works in accordance with the provisions of law on production, supply and consumption of clean water;

c- Investment projects to build markets in accordance with the provisions of law on market development and management;

d- Investment project to build rest stop works according to regulations of law on road management;

d- Investment projects for construction of aviation service works at airports and airfields that must be organized for bidding according to the provisions of the law on civil aviation;

e- Investment projects in the fields of education, health, culture, sports, and environment that are subject to bidding according to the provisions of the law on encouraging socialization when there are 02 or more interested investors registering to implement, except for projects specified in points a and b above;

g- Investment projects for the construction of social housing; investment projects for the renovation and reconstruction of apartment buildings; investment projects for the construction of housing for the people's armed forces that must be organized for bidding according to the provisions of the law on housing when there are 02 or more interested investors registering to implement. The provisions in this point do not include social housing projects specified in Clauses 1, 2, 3 and Point c, Clause 4, Article 84 of the Housing Law No. 27/2023/QH15; investment projects for the construction of housing for the people's armed forces specified in Clause 1 and Clause 2, Article 68 of the Housing Law No. 27/2023/QH15;

h- Investment projects in horse racing and dog racing, including horse racing and dog racing betting business activities, are subject to bidding according to the provisions of law on horse racing, dog racing and international football betting business when there are 02 or more interested investors registering to implement, and the Prime Minister has decided to approve the investment policy according to the provisions of law on investment and management of industries and fields;

i- Investment projects in the construction of energy works that must be organized for bidding according to the provisions of the law on electricity when there are 02 or more interested investors registering to implement;

k- Other projects falling under the provisions of Article 79 and Point b, Clause 1, Article 126 of the Land Law.

Process and procedures for selecting investors

For projects applying open bidding or restricted bidding in the form of one-stage, one-envelope bidding as prescribed in Clause 1, Article 35 of the Law on Bidding: Announce investment projects using land; prepare for bidding to select investors; organize bidding to select investors; evaluate bidding documents; submit, appraise, approve and publicize the results of investor selection; negotiate, finalize and sign contracts.

For projects requiring valuable architectural works according to the provisions of the law on architecture, apply the form of open bidding according to the one-stage, two-envelope method prescribed in Clause 2, Article 35 of the Law on Bidding: Announce the investment project using land; prepare for bidding to select investors; organize bidding to select investors; evaluate technical proposals; evaluate financial proposals; submit, appraise, approve and publicize the results of investor selection; negotiate, finalize and sign the contract.

For projects with specific requirements for economic and social development of sectors, regions and localities but with specific technical, social and environmental standards not yet determined, the form of open bidding in the form of two-stage, one-envelope bidding as prescribed in Clause 3, Article 35 of the Law on Bidding shall be applied: Announcement of investment projects using land; preparation for bidding to select investors in phase one; organization of bidding to select investors in phase one; preparation and organization of bidding to select investors in phase two; evaluation of bidding documents in phase two; submission, appraisal, approval and publicization of results of investor selection; negotiation, finalization and signing of contracts.

Incentives in investor selection

Decree No. 115/2024/ND-CP also clearly stipulates investors who are entitled to incentives and the level of incentives.

Specifically, investors with solutions applying advanced technology, high technology, environmentally friendly technology, and the best available techniques to minimize environmental pollution for projects in the group with a high risk of negative impact on the environment according to regulations of the law on environmental protection will enjoy a 5% incentive when evaluating bidding documents;

Investors who commit to technology transfer and carry out high-tech activities for high technologies and high-tech products on the List of high technologies prioritized for investment and development and the List of high-tech products encouraged for development issued by the Prime Minister in accordance with the provisions of the law on high technology or on the List of technologies encouraged for transfer in accordance with the provisions of the law on technology transfer shall enjoy a preferential rate of 2% when evaluating bidding documents.

When participating in bidding, investors must submit documents proving solutions applying advanced technology, high technology, environmentally friendly technology, the best available techniques, and the right to legally use technology according to the provisions of law on high technology, technology transfer, environmental protection, and other relevant laws to enjoy incentives.

Investors eligible for the above incentives who are selected to sign contracts must comply with the commitments in the bidding documents and investment project contracts using land.

Source: https://baodautu.vn/batdongsan/ban-hanh-nghi-dinh-ve-lua-chon-nha-dau-tu-thuc-hien-du-an-dau-tu-co-su-dung-dat-d225377.html