In Vietnam, one of the auctions that are most interested by investors is the open bidding to select investors to implement investment projects using land, also known as project auction. land-use project. So about the matter “The process of bidding investment projects using land in Vietnam” Let’s find out with LSX in the article below.
Legal grounds
- Civil Code 2015
- Land Law 2013
- Decree No. 25/2020/ND-CP
Conditions for determining investment projects using land in Vietnam
According to the provisions of Article 11 of Decree No. 25/2020/ND-CP, conditions for determining investment projects using land are as follows:
Investment projects using land must select investors according to the provisions of this Decree when the following conditions are satisfied:
– Belongs to the projects specified at Point b, Clause 1, Article 1 of this Decree without using public investment capital to build the works. Projects on construction of urban areas and commercial houses; office headquarters; Commercial and service works are classified according to the provisions of the law on construction. In case the project has many functions, the investment project using land shall be determined based on the main works of the project or the main works with the highest grade in case the project has many main works according to the provisions of law. construction law.
– Belonging to the list of projects that need land recovery approved in accordance with the law on land, belonging to the land area being managed and used by the State that will be approved by the People’s Committee of the province or the Management Board of the economic zone. land allocation, land lease to investors is approved.
– Belongs to the housing development program and plan in accordance with the housing law; urban development program (if any) in accordance with the law on urban development.
– In accordance with the socio-economic development plan, construction planning with the rate of 1/2000 or 1/500 (if any) or the urban zoning planning with the rate of 1/2000 or the rate 1/5000 as prescribed by law.
– Failing to meet the conditions to organize an auction of land use rights in accordance with the law on land.
– Not falling into the cases specified at Point b, Clause 4, Article 22 and Article 26 of the Bidding Law.
Form of investor selection for investment projects using land in Vietnam
According to the provisions of Article 10 of Decree No. 25/2020/ND-CP stipulating the form of investor selection for investment projects using land as follows:
– Apply the form of international open bidding for projects that fully satisfy the following conditions:
+ Preliminary total cost of project implementation (excluding costs of compensation, support, resettlement, land use levy, land rent) of VND 800,000,000,000 (eight hundred billion) or more;
+ There are two or more investors who meet the preliminary requirements on capacity and experience as prescribed in Clause 3, Article 13 of Decree No. 25/2020/ND-CP, including at least one foreign investor.
+ Not falling into the cases specified at Points a and c, Clause 2, Article 10.
– Apply the form of open domestic bidding in the following cases:
+ Projects in industries and trades that have not yet been able to access the market for foreign investors according to the provisions of the law on investment;
+ The project has two or more investors satisfying the preliminary requirements on capacity and experience, in which there is no foreign investor participating in the registration of project implementation or satisfying the preliminary requirements on capacity; capacity and experience as prescribed in Clause 3, Article 13 of Decree No. 25/2020/ND-CP;
+ Projects with requirements on assurance of national defense and security decided by the Prime Minister at the request of competent state agencies and the unified opinion of the Ministry of National Defense on requirements for ensuring national defense; consensus of the Ministry of Public Security on security assurance requirements.
– Apply the form of contractor appointment as prescribed at Point b, Clause 4, Article 22 of the Bidding Law.
List of investment projects using land in Vietnam
According to the provisions of Article 12 of Decree No. 25/2020/ND-CP stipulating the list of investment projects using land as follows:
– Projects specified in Article 11 of Decree No. 25/2020/ND-CP are aggregated into the list of investment projects using land, specifically as follows:
+ For projects subject to approval of investment policies according to the provisions of the law on investment, the decision on approval of investment policies is concurrently the written decision approving the list of investment projects using land. .
+ Pursuant to the decision approving the investment policy of the project in accordance with the law on investment, the Department of Planning and Investment shall coordinate with relevant agencies in determining the preliminary requirements on capacity, experience and capacity. investor’s experience, report to the Provincial People’s Committee for approval before announcing the project list. For projects implemented in economic zones, the economic zone management board shall determine and approve preliminary requirements on the investor’s capacity and experience before announcing the project list.
For projects that are not subject to approval of investment policies in accordance with the law on investment, the formulation and approval of a list of investment projects using land shall comply with the provisions of Clauses 2 and 3 of this Article. this.
– Make a list of investment projects using land, for projects not subject to approval of investment policies according to the provisions of the law on investment:
+ In case the project is formulated by a specialized agency affiliated to the provincial People’s Committee, an agency affiliated to the provincial People’s Committee, or the district People’s Committee:
+ Specialized agencies under the People’s Committees of provinces, agencies attached to the People’s Committees of provinces, and the People’s Committees of districts shall make proposals for investment projects using land and send them to the Department of Planning and Investment for generalization. . Proposal contents include: project name; investment objectives; investment scale; preliminary total cost of project implementation, investment capital; capital mobilization plan; investment term and progress; information on the current land use status at the project site, the expected land use demand (if any); purpose of using land; approved planning targets; project directory posting language; analyzing the socio-economic efficiency of the project, ensuring national defense, security and sustainable development of the investment project and preliminary requirements on the capacity and experience of the investor.
+ In case the project is proposed by the investor:
Investors may propose to implement investment projects using land other than the list of investment projects using land approved by the President of the provincial People’s Committee. The investor makes a project proposal file and sends it to the Department of Planning and Investment for synthesis. The proposal dossier includes the following contents:
+ A written request for implementation of an investment project using land, including a commitment to bear all costs and risks if the project proposal is not approved;
+ Contents of investment project proposal include: project name; investment objectives; investment scale; preliminary total cost of project implementation, investment capital; capital mobilization plan; investment term and progress; analyzing the socio-economic efficiency of the project, ensuring national defense, security and sustainable development of the investment project;
+ Proposed proposed land use demand; information on the current land use status at the project site (if any); purpose of using land; approved planning targets;
+ Profile of the investor’s legal status, capacity and experience;
+ Other necessary documents to explain the project proposal (if any).
– Approve the list of investment projects using land:
+ Within 30 days from the date of receipt of the project proposal specified at Point a or Point b, Clause 2 of this Article, the Department of Planning and Investment shall coordinate with relevant agencies in summing up the list of investment projects. private land use; evaluate the satisfaction of conditions for determining land-using investment projects as prescribed in Article 11 of this Decree; determine the preliminary requirements on the investor’s capacity and experience, and report to the President of the provincial People’s Committee. In case of necessity, the implementation period can be extended according to actual requirements.
+ Within 10 days from the day on which the report is received from the Department of Planning and Investment, the President of the People’s Committee of the province shall consider and approve the list of investment projects using land, which includes the requirements for the project. preliminary requirements on the capacity and experience of the investor.
– Announcement of project list:
+ Pursuant to the decision approving the investment policy in accordance with the provisions of the law on investment or the approved list of investment projects using land, the Department of Planning and Investment or the Economic Zone Management Board (for for projects implemented in economic zones) publish the list of projects as prescribed at Point c, Clause 1, Clause 4, Article 4 and Clause 2, Article 5 of this Decree.
Contents of information disclosure:
+ Project name; investment objectives; investment scale; preliminary total cost of project implementation, investment capital; capital mobilization plan; investment term and progress;
+ Information on the current status of land use at the project site, the area of the land area for which the project is to be implemented; purpose of using land; approved planning targets;
+ Preliminary requirements on the investor’s capacity and experience;
+ Time limit for investors to submit project implementation registration dossiers;
+ The investor submits the application for project implementation registration on the national bidding network system;
+ Other information (if necessary).
The process of bidding investment projects using land in Vietnam
The following is the process of public bidding to select investors to implement investment projects using land:
– Prepare investor selection, including:
+ Prepare bidding documents;
Evaluation and approval of bidding documents.
– Investor selection organization, including:
+ Invitation to bid;
+ Issuing, amending and clarifying the bidding documents;
+ Prepare, submit, receive, manage, amend and withdraw bids;
+ Open technical proposal file.
– Evaluation of technical proposals, including:
+ Check and evaluate the validity of technical proposals;
+ Detailed evaluation of technical proposals;
+ Appraise and approve the list of investors meeting technical requirements.
– Open and evaluate financial – commercial proposals, including:
Open financial-commercial proposals;
Checking and evaluating the validity of financial-commercial proposals;
Detailed evaluation of financial-commercial proposals and investor ratings.
– Submit, appraise, approve and publicize investor selection results.
– Negotiate, finalize and sign contracts, including:
Negotiate and finalize contracts;
Sign the contract and publicize the project contract information.
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Frequently asked questions
– According to the provisions of Clause 2, Article 6 of Decree No. 25/2020/ND-CP stipulates as follows: Minimum time for investors to prepare dossiers of capacity, experience and registration for implementation of investment projects having land use is 30 days from the date the project list is posted.
The estimated land use fee and land rent shall be determined by the bid solicitor on the basis of the selection of the most suitable land valuation method and input parameters or the method of determining input parameters corresponding to the valuation method. land price.
Land use levy and land rent payable by the winning investor is determined at the time the State decides to allocate or lease land in accordance with the land law;
– Preliminary total cost of project implementation, excluding costs of compensation, support, resettlement, land use levy, land rent (m1) determined by the bid solicitor in accordance with relevant provisions of law. construction law for each specific project, ensuring to promote the maximum use capacity and efficiency of the land area, land fund, land area, land use coefficient and land use space planning;
– Plan and cost of compensation, support and resettlement. In which, the cost of compensation, support and resettlement of the land area to be cleared (m2) is determined on the basis of:
Compensation for land;
Expenses for investment in land remaining when the State recovers land (if any);
Expenses for compensation for damage to houses, construction works and properties on land; production and business losses when the State recovers land (if any);
Money to support when the State recovers land (if any) includes: support to stabilize life and production; support training, job change and job search; resettlement support; other support;
Funds for organizing compensation and ground clearance.
Conclusion: So the above is The process of bidding investment projects using land in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
