Circular No. 01/2023/TT-BGTVT dated March 07, 2023 on guidelines for production, approval, and announcement of list of projects; methods and criteria of bid and proposal evaluation in bidding for investors of road traffic service works

CIRCULAR

GUIDELINES FOR PRODUCTION, APPROVAL, AND ANNOUNCEMENT OF LIST OF PROJECTS; METHODS AND CRITERIA OF BID AND PROPOSAL EVALUATION IN BIDDING FOR INVESTORS OF ROAD TRAFFIC SERVICE WORKS.

Pursuant to the Law on Road Traffic dated November 13, 2008;

Pursuant to the Law on Procurement of Vietnam dated October 26, 2013;

Pursuant to the Land Law of Vietnam dated November 29, 2013;

Pursuant to the Law on Investment dated June 17, 2020;

Pursuant to the Government’s Decree No. 25/2020/ND-CP dated February 28, 2020 on elaboration of implementation of some Articles of the Law on bidding for investors;

Pursuant to the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021 on elaboration and provision of guidelines for implementation of some Articles of the Law on Public - Private Partnership Investment;

Pursuant to the Government’s Decree No. 148/2020/ND-CP dated December 18, 2020 on amendments to several Decrees on provision of details of regulations on implementation of the Land Law;

Pursuant to Government’s Decree No. 31/2021/ND-CP dated March 26, 2021 on elaboration and provision of guidelines for some Articles of the Law on Investment;

Pursuant to the Government’s Decree No. 56/2022/ND-CP dated August 24, 2022 on functions, tasks, powers and organizational structure of the Ministry of Transport;

At requests of the Director General of the Directorate for Roads of Vietnam and Director of Department of Transport Infrastructure;

The Minister of Transport hereby promulgates a Circular on guidelines for production, approval, and announcement of list of projects; methods and criteria of bid and proposal evaluation in bidding for investors of road traffic service works.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

The Circular provides guidelines for production, approval, and announcement of list of projects; methods and criteria of bid and proposal evaluation in bidding for investors of road traffic service works of projects managed by the Ministry of Transport, including:

1. Roadside stations;

2. Other ancillary works in roads that support traffic and road safety corridors under regulations of Clause 3, Article 3 of Law on Road Traffic.

Article 2. Regulated entities

This Circular applies to organizations and individuals engaging in selection of investors for road traffic service works.

Article 3. Definitions

For the purposes of this Circular, the terms below are construed as follows:

1. Road management agency is Directorate for Roads of Vietnam or Vietnam Expressway Authority.

2. Competent authority is the Ministry of Transport.

Article 4. Methods of selecting investors

1. International competitive bidding shall be carried out if the road traffic service works fully satisfy the requirements in Article 15 of Law on Procurement.

2. National competitive bidding for road traffic service works shall be carried out when:

a) Projects under lines of business are not granted market access for foreign investors in accordance with investment laws.

b) Projects have at least 2 investors satisfying initial requirements for capacity and experience and there are no foreign investors applying for project execution or satisfying initial requirements for capacity and experience in accordance with Point a Clause 1 Article 10 hereof;

c) Projects demand national security and defense assurance as decided by the Prime Minister in accordance with request of the competent authority and consent of Ministry of National Defense with regard to national defense requirements or consent of the Ministry of Public Security with regard to security requirements.

Article 5. General provisions in bidding for investors

1. Assurance about competitiveness in bidding, uploading of bidding information, uploading of bidding information in a prompt manner, time requirements in investor selection process and expenditure in investor selection process shall comply with regulations in Decree No. 25/2020/ND-CP dated February 28, 2020 and Decree No. 35/2021/ND-CP dated March 29, 2021.

2. Storage of information in bidding and teams of experts shall comply with regulations in Decree No. 25/2020/ND-CP dated February 28, 2020.

Chapter II

PRODUCTION, APPROVAL AND ANNOUNCEMENT OF LIST OF PROJECTS

Article 6. Basis for production of list of projects

The production of list of projects for announcement shall be based on the necessity for investment in construction in accordance with one of the following decisions (if any):

1. Decision of the Prime Minister on approval for road network planning.

2. Decision of the Prime Minister on approval for road infrastructure planning.

3. Decision of a competent authority on approval for project with road traffic service works to be performed.

Article 7. Documents presenting list of projects

1. The road management agency shall produce list of projects and request the competent authority to appraise and approve.

2. Article 7. Documents presenting list of projects

a) Written request for appraisal and approval for list of projects;

b) Contents of the list of projects including: name of projects; investment goals; investment scales; total project expenditure (m1); capital mobilization plans; investment timeline and progress; operating period after investment stage; land use conditions at the project site, expected land use demands; initial requirements for capacity and experience of investors under Appendix II attached hereto;

c) Other relevant documents (if any).

3. Within 30 days from the date on which adequate documents are received, the competent authority shall appraise and approve list of projects (including initial requirements for capacity and experience of investors).

Article 8. Announcement of list of projects

1. The road management agency shall upload list of projects (including initial requirements for capacity and experience of investors) on the National Bidding Network System and Vietnam Public Procurement Review Journal in accordance with Points i and l Clause 1 Article 8 of the Law on Procurement to serve as the basis for determination of number of interested investors who submit applications for project execution.

2. Contents of list of projects to be announced include:

a) Name of projects; investment goals and scales; total project expenditure; summary of basic requirements of projects; investment deadline and progress; operating period after investment stage; project execution site; land area; land conditions; approved planning indicators;

b) Initial requirements for capacity and experience of investors;

c) Deadline for investors to submit applications for project execution;

d) Address, phone number, fax number of the road management agency;

dd) Other information (if necessary).

Article 9. Preparation and submission of application for project execution

1. An investor shall be responsible for preparing and submitting application for project execution on the National Bidding Network System according to information announced in accordance with Clause 2 Article 8 hereof. An application for project execution includes written registration for project execution; document on legal status, capacity and experience of investor; other relevant documents (if any).

2. After the deadline for application for project execution expires, the road management agency shall initially evaluate capacity and experience of the investor who has submitted application for project execution via the National Bidding Network System.

Article 10. Initial evaluation of capacity and experience of investors

1. According to the results of initial evaluation of capacity and experience of investors, the road management agency shall report to the competent authority to decide investor selection in any of the following 2 cases:

a) If there are at least 2 investors who satisfy initial requirements for capacity and experience, the road management agency shall issue decision on application of competitive bidding in accordance with Article 4 hereof and assign the road management agency to act according to regulations in Article 15 of this Circular;

b) If there is only one investor who satisfies initial requirements for capacity and experience, according to progress in project execution, objectives of investment attraction and other specific conditions of the project, the road management agency shall consider extension of the deadline for application for project execution. The extension and the extended deadline shall be considered to provide the necessary duration for other potential investors to have opportunities to access information and submit applications for project execution in order to increase competitiveness, transparency, fairness and effectiveness. In case investors satisfy requirements, they are not required to re-submit applications for project execution. After the extension, if there are more investors who satisfy initial requirements for capacity and experience, the regulations in Point a, Clause 1 of this Article shall be applied. If no more investors satisfy initial requirements for capacity and experience, the regulations in Article 11 of this Circular shall be applied.

2. The road management agency shall upload list of investors who satisfy initial requirements for capacity and experience on the National Bidding Network System or announce the conclusion of announcement of the list of projects in case there is no any investor who satisfies initial requirements for capacity and experience.

Article 11. Investor approval

1. The road management agency shall produce and approve application for investor approval according to Form under Appendix III attached hereto, including determination of compensations, support and relocation costs for projects (m2), minimum payment to state budget (m3) in accordance with Article 16 and Article 17 hereof.

2. Application for investor approval shall be issued to investor who satisfies initial requirements for capacity and experience. The investor shall prepare and submit a proposal for investor approval according to the application for investor approval.

3. The road management agency shall evaluate the proposal for investor approval according to evaluation criteria under the application for investor approval. During evaluation process, the road management agency may ask the investor to clarify or amend necessary information of the proposal for investor approval.

4. The investor shall be approved when he/she has adequate details of application for investor approval.

5. According to the bidding results of the procuring entities, the road management agency shall approve the results of investor approval that satisfy Points b, c, d, and dd Clause 1 Article 33 of the Law on Investment.

Chapter III

INVESTOR SELECTION PLAN

Article 12. Formulation of investor selection plan

1. Basis for formulation of investor selection plan:

a) Decision on approval for investment policies (with regard to projects subject to approval for investment policies under regulations of investment laws) or Decision on approval for list of projects (with regard to projects not subject to approval for investment policies under regulations of investment laws).

b) Decision on approval for application of competitive bidding;

c) Other relevant documents (if any).

2. According to regulations in Clause 1 of this Article, the procuring entity shall submit the investor selection plan to the road management agency for approval. An application for approval for the investor selection plan includes:

a) Written request for approval, which summarizes implementation process and contents of the investor selection plan in accordance with Article 13 hereof;

b) Progress checklist for activities in investor selection process according to form under Appendix I attached hereto;

c) Attached documents, which include photocopies as the basis for formulation of the investor selection plan specified in Clause 1 of this Article.

Article 13. Contents of investor selection plan

1. Name of projects.

2. Total project expenditure, compensations, support and relocation costs, land levies, land rents estimated (if any) or costs for land clearance and expropriation paid by the State.

3. Form and method of selecting investors

a) Investor selection form: competitive bidding;

b) Investor selection method: single-stage and one-envelope bidding procedure or single-stage and two-envelope bidding procedure under regulations in Article 28 or Article 29 of Law on Procurement.

4. Starting date of investor selection shall begin from the date on which bidding documents and applications are issued and shall be specified by the month or quarter.

5. Type of contract.

6. Duration of contract refers to the number of years or months starting from the effective date of the contract to the date on which the parties fulfill their obligations under the contract.

Article 14. Appraisal and approval for investor selection plan

The road management agency shall appraise and approve the investor selection plan.

Chapter IV

COMPETITIVE BIDDING FOR INVESTORS

Section 1. DETAILED PROCEDURES

Article 15. Detailed procedures

Detailed procedures for competitive bidding for investors shall be similar to procedures for competitive bidding for investors of investment projects involving land use under Article 46 of Government's Decree No. 25/2020/ND-CP.

Section 2. PREPARATION FOR INVESTOR SELECTION

Article 16. Initial determination of compensations, costs of support, relocation and land expropriation (m2)

1. The road management agency shall be cooperate with the competent People’s Committees in determination of compensations, support and relocation costs (m2) of projects that have not been granted land clearance in accordance with land laws.

If the land has been completely expropriated by the State before bid invitation for selection of investors, the value (m2) shall be determined by the payments for land clearance made by the State. The successful investors shall reimburse these payments to the State as agreed upon in the contract.

2. Compensations, support and relocation costs of the land area that requires clearance (m2) shall be determined according to regulations in Point i Clause 2 Article 47 of Government’s Decree No. 25/2020/ND-CP dated February 28, 2020.

Article 17. Establishment of minimum payment to state budget (m3)

1. The road management agency shall make plan for establishment of minimum payment to state budget (m3) according to information provided by the competent People's Committees of provinces under guidance in Clause 3, Section 1, Appendix VIII Circular No. 09/2021/TT-BKHDT dated November 16, 2021 of the Ministry of Planning and Investment on provision of guidelines for selection of investors executing public-private partnership (PPP) projects and investment projects involving land use (hereinafter referred to as “Circular No. 09/2021/TT-BKHDT”).

2. Minimum payment to state budget (m3) shall be determined according to the following formula:

m3 = n x (m : 49)

Where:

n: estimated operating period according to regulations in Point b Clause 2 Article 7 hereof.

m: minimum payment to state budget for projects with 49 years of land rent period, calculated by formula under Point k Clause 2 Article 47 of Decree No. 25/2020/ND-CP and Appendix VIII issued together with Circular No. 09/2021/TT-BKHDT.

If the reference land area or land fund as prescribed in Section 3, Appendix VIII issued together with Circular No. 09/2021/TT-BKHDT cannot be identified or the provincial-level administrative unit where the project is implemented does not have the land area or land fund that satisfies similar conditions for location, the road management agency shall consider and decide the method of identifying scope and area to select the reference land area or land fund and K coefficient according to Section 5 Appendix VIII of Circular No. 09/2021/TT-BKHDT. In this case, the written request for approval for bidding document shall provide details of the method of identifying the reference and similar land area/fund, input indicators corresponding to the selected method and reasons for the competent authority to consider, decide and ensure compliance with regulations of Decree No. 25/2020/ND-CP.

The determination of value (m3) shall comply with regulations of the Land Law and relevant documents to identify type of land corresponding to service works.

This value (m3) is only relative, serves as the basis for investors to propose payment to state budget, and is separate from land rent incurred by investors in accordance with land laws.

3. If the road management agency does not have enough grounds to determine the value (m3), the road management agency shall consider and decide selection of consulting units with sufficient experience and expertise to determine the value (m3).

Article 18. Production of bidding documents

1. Basis for production of bidding documents

a) Decision on approval for investment policies (with regard to projects subject to approval for investment policies under regulations of investment laws) or Decision on approval for list of projects (with regard to projects not subject to approval for investment policies under regulations of investment laws).

b) Decision on approval for the investor selection plan;

c) Applicable regulations on road traffic, land, investment, construction and relevant law provisions.

2. The procuring entities shall produce bidding documents and submit them to the road management agency for appraisal and approval. The selection of consultancy contractor for production of bidding documents shall ensure competitiveness in bidding according to regulations in Clauses 2 and 3, Article 2 of Decree No. 25/2020/ND-CP dated February 28, 2020 (amended by Clause 1, Article 89 of Decree No. 35/2021/ND-CP dated March 29, 2021).

3. The bidding documents shall be produced according to regulations in Appendix IV issued together with this Circular. Bidding documents shall not specify any conditions that restrict the investors’ participation or give investor or investors advantages, thereby causing unhealthy competition and violations against regulations on bidding.

Article 19. Bid evaluation criteria and methods

Bid evaluation are specified via evaluation criteria under bidding documents, including:

1. According to initial requirements for capacity and experience approved in accordance with Appendix II attached hereto, criteria and method of evaluating capacity and experience shall be updated or added (if necessary). In case of joint bidding, capacity and experience of investors shall equal total capacity and experience of joint bidding members; investors who lead the joint bidding shall have a minimum capital ownership of 30% while each other member shall have a minimum capital ownership of 15% in the joint bidding.

2. Criteria and methods of technical evaluation:

a) Technical evaluation criteria: propositions of investors regarding plans and methods of executing projects; propositions of investors regarding methods of operating, managing and providing road traffic services.

Propositions of investors regarding plans and methods of executing projects, including: proof of knowledge about current conditions; productivity growth forecast; objectives of projects according to approved planning (if any); project scale, design methods; technical and technological methods of projects; project plans and execution progress, construction period; methods of mitigating environmental impacts; regarding projects that have not been granted land clearance, investors shall prepare plans for cooperation with the road management agency in cooperation with the competent People’s Committees in order to perform land clearance and complete procedures for land according to regulations of the law; plans for connection between traffic infrastructures, technical infrastructures (water drainage, environment) of the projects and general infrastructures of areas; production of architecture plans and general premise layout drawing of 1/500 scale for the project site to ensure clarity, in accordance with the bidding documents and the specialized regulations on road traffic that use expenditure of investors; methods of firefighting and fire safety; security, traffic safety, methods, measures and equipment for firefighting and fire safety; organization of management apparatus of fire safety and firefighting system according to regulations; operating period after investment stage.

Propositions of investors regarding methods of operating, managing and providing road traffic services including: methods of fulfilling business conditions (if any) or providing road traffic services in accordance with road traffic laws; methods of operating, managing and providing services of investors that meet objectives, strategies, planning and plans for development road traffic system and infrastructure of areas; methods of cooperating with the road management agency during provision of road traffic services of investors, ensuring security and traffic safety; methods of supervising in order to ensure stable, continuous and quality according to regulations.

b) Technical evaluation methods:

Score shall be based on a scale of 100 in order to develop technical evaluation criteria. The criteria shall include the minimum and maximum scores for every general criteria and specific criteria. Upon developing technical evaluation criteria, set the minimum qualifying scores which shall not be lower than 70% total scores of technical matters and scores of every criterion regarding plans and methods of executing projects; upon developing evaluation criteria for methods of operating, managing and providing services, set the minimum qualifying scores which shall not be lower than 60% of the maximum scores for the methods of operating, managing and providing services according to scale and nature of each project.

Score percentages under Point a of this Clause shall be specific and appropriate for each project and add up to 100%.

3. Financial evaluation criteria and methods:

a) Financial evaluation criteria include criterion regarding total project expenditure (M1); criterion regarding compensation, support and relocation costs (M2); criterion regarding investment effectiveness (M3).

M1 refers to total project expenditure proposed by investor in the bid according to m1 determined under bidding document;

M2 refers to compensation, support and relocation costs for project that has not been granted land clearance proposed by investor in bid according to (m2) determined under bidding document. If the land has been completely expropriated by the State before bid invitation for selection of investors, the value (M2) = (m2) is a value that the successful investor shall reimburse to the State according to the payments made the State for land clearance and expropriation.

In case compensation, support and relocation costs according to method for compensation, support and relocation approved by the competent People’s Committees are lower than M2, the difference will be submitted to state budget; in case compensation, support and relocation costs according to method for compensation, support and relocation approved by the competent People’s Committees are higher than M2, investor shall incur the difference which will be included in investment capital of the project.

Compensation, support and relocation costs to be incurred by the investor shall be deducted by the competent People's Committee according to the approved method to investor’s obligations to state budget under bidding document and regulations of the law.

M3 refers to monetary payment to state budget proposed by an investor under bid within the operating period according to progress and method of payment specified in bidding document, in addition to investor’s obligations to state budget as per land laws and applicable laws.

b) Financial evaluation methods:

Utilize methods that are beneficial to society and the government in order to carry out financial evaluation. Regarding bids that satisfy technical requirements, they shall be compared and ranked according to proposed investment effectiveness. Investment effectiveness is evaluated via monetary payment proposed by the investor for submission to state budget, in addition to investor’s obligations to state budget as per applicable laws (M3).

Investor’s proposed total project expenditure (M1) shall not be lower than m1 (M1 ≥ m1); compensation, support and relocation costs (M2) shall not be lower than m2 (M2 ≥ m2) for project that has not been granted land clearance. If the land has been completely expropriated by the State before bid invitation for selection of investors, the value (M2) = (m2) is a value that the successful investor shall reimburse to the State according to the payments made the State for land clearance; monetary payment to state budget in addition to investors’ obligations to state budget under applicable laws (M3) shall not be lower than minimum payment m3 (M3 ≥ m3); the investor that has the highest payment (M3) shall be ranked first and considered for winning the bid according to relevant regulations of this Circular. If various investors have the same payment (M3), the investor whose technical bid is granted the highest score shall be considered to be selected.

Section 3. ORGANIZATION OF SELECTION OF INVESTORS

Article 20. Requirements for issuance of bidding documents

Bidding documents shall only be issued to select investors when requirements under Clause 2 Article 7 of the Law on Procurement are satisfied.

Article 21. Bid invitation, issuance, revision and clarification of bidding documents; extension of deadline for bid submission

Bid invitation, issuance, revision and clarification of bidding documents; extension of deadline for bid submission shall comply with regulations in Article 51 of Decree No. 25/2020/ND-CP (amended by Clause 11 Article 89 of Decree No. 35/2021/ND-CP).

Article 22. Preparation, submission, receipt, management, revision, replacement and withdrawal of bids

Preparation, submission, receipt, management, revision, replacement and withdrawal of bids shall comply with regulations in Article 51 of Decree No. 25/2020/ND-CP (amended by Clause 11 Article 89 of Decree No. 35/2021/ND-CP).

Article 23. Opening of technical proposal dossiers

Bid evaluation rules shall comply with regulations in Article 51 of Decree No. 25/2020/ND-CP (amended by Clause 11 Article 89 of Decree No. 35/2021/ND-CP).

Article 24. Bid evaluation rules

Bid evaluation rules shall comply with regulations in Article 51 of Decree No. 25/2020/ND-CP (amended by Clause 11 Article 89 of Decree No. 35/2021/ND-CP).

Article 25. Bid clarification rules

Bid clarification rules shall comply with regulations in Article 51 of Decree No. 25/2020/ND-CP (amended by Clause 11 Article 89 of Decree No. 35/2021/ND-CP).

Section 4. TECHNICAL PROPOSAL DOSSIER EVALUATION

Article 26. Technical proposal dossier evaluation

The technical proposal dossier evaluation shall comply with regulations in Article 52 of Decree No. 25/2020/ND-CP (amended by Clause 12 Article 89 of Decree No. 35/2021/ND-CP)

Article 27. Appraisal and approval for list of investors who meet technical requirements

Appraisal and approval for list of investors who meet technical requirements shall comply with regulations in Article 53 of Decree No. 25/2020/ND-CP (amended by Clause 13 Article 89 of Decree No. 35/2021/ND-CP).

Section 5. OPENING AND EVALUATION OF FINANCIAL PROPOSAL DOSSIERS

Article 28. Opening of technical proposal dossiers

1. Financial proposal dossiers of investors named under list of investors who meet technical requirements shall be opened publicly in time and location specified under notice on list of investors who meet technical requirements Record of bid opening shall be sent to participating investors.

2. Representatives of procuring entities shall countersign original copy of letter of bids, power of attorney of legal representatives of investors (if any); joint bidding agreements (if any); bid security; and significant contents of each financial proposal dossier.

Article 29. Evaluation of financial proposal dossiers

1. Inspection of legitimacy of financial proposal dossiers:

a) Inspect the number of original copies and photocopies of financial proposal dossiers;

b) Inspect compositions of financial proposal dossiers, including: Letter of bid in financial proposal dossiers; other compositions in financial proposal dossiers;

c) Inspect consistency between original copies and photocopies to make detail evaluation of financial proposal dossiers.

2. Evaluation of legitimacy of financial proposal dossiers:

Financial proposal dossiers of investors shall be deemed legitimate when the following conditions are met:

a) Have original copies of financial proposal dossiers;

b) Have legitimate letter of bid in financial proposal dossiers;

c) Value specified in letter of bid shall be specific, in both number and letter, appropriate, logical, consistent for the same content and shall not be accompanied by any condition that puts the competent authority or the procuring entity at a disadvantage (including: total project expenditure proposed by investors (M1); compensations, support, and relocation costs proposed by investors (M2) for projects that have not been granted land clearance; proposed payment to state budget, in addition to investors’ obligations to the state budget according to applicable laws (M3); proposed increase in monetary payment to state budget in addition to investors’ obligations to state budget as per applicable laws, (if any));

d) Effect of financial proposal dossiers which satisfy requirements of bidding documents.

3. Investors who have legitimate financial proposal dossiers will be evaluated in detailed manner in terms of finance. Detail evaluation of financial proposal dossiers and ranking of investors shall adopt methods and follow criteria under bidding documents.

4. After carrying out bid evaluation, expert groups shall make and send reports to procuring entities for consideration and approval The reports must include the following contents:

a) List of investor ranking;

b) List of unqualified and eliminated investors; reasons for elimination of investors;

c) Remarks about competitiveness, equality, transparency and economic effectiveness during selection of investors. If competitiveness, equality, transparency or economic effectiveness is not guaranteed, specify the reason and propose solutions.

5. If necessary, the procuring entity shall request the road management agency to allow investor in the first rank to conduct initial negotiation of contract in order create favorable conditions for negotiation and finalization of contract after obtaining the result of investor selection.

Article 30. Rules for consideration for contract award 

An investor will be proposed to be selected if he/she fully meets the following conditions:

1. Having legitimate bid.

2. Having capacity and experience that satisfy requirements.

3. Having technical proposal that satisfies requirements.

4. Having proposed winning bid whose components satisfy the following requirements:

a) Proposed total project expenditure (M1) shall not be lower than m1 approved under bidding document;

b) Proposed compensations, support and relocation costs for projects (M2) shall not be lower than (m2) determined under bidding document.

c) Proposed monetary payment to state budget in addition to investors’ obligations to state budget as per applicable laws (M3) shall not be lower than minimum payment (m3) and be the highest among others;

d) If various investors have the same payment (M3), the investor whose technical bid is granted the highest score shall be considered to be selected.

dd) If investors’ technical bids are satisfactory and M3 are not lower than m3, such investors shall be included in the negotiation list from lowest score to highest score specified in Article 32 of this Circular.

Section 6. SUBMISSION, APPRAISAL, APPROVAL AND PUBLICIZING OF RESULT OF INVESTOR SELECTION; NEGOTIATION, COMPLETION AND SIGNING OF CONTRACTS

Article 31. Submission, appraisal, approval and publicizing of the result of investor selection

1. Submission, appraisal and approval for the result of investor selection shall be carried out as follows:

a) According to reports on the results of bid evaluation, procuring entities shall submit the results of investor selection and state their remarks about evaluation of expert groups;

b) Investor selection results shall be appraised according to regulations in Article 36 of this Circular before approval;

c) Investor selection results shall be approved in writing according to the written presentation for approval and reports on appraisal of investor selection results.

2. If successful investors are selected, written approval for investor selection results shall include:

a) Name of projects; objectives and investment scale of projects;

b) Name of successful investors;

c) Project progress;

d) Location of projects, land rent area, land rent period;

dd) Operating period after investment stage;

e) Total project expenditure (excluding compensations, support, relocation costs and land rent);

g) Total payment to state budget proposed by investors according to progress and methods in bidding documents;

h) Other relevant contents (if any).

3. In case of cancellation according to Clause 1 Article 17 of the Law on Procurement, state the reason for cancellation and responsibilities of relevant parties in case of cancellation in the written approval for investor selection results or decision on cancellation.

4. After obtaining written approval for investor selection results, procuring entities shall upload investor selection results under Clause 2 and Clause 3 Article 5 hereof and send written notification of investor selection results to participating investors within the time limit under Clause 3 Article 4 hereof. The notification of investor selection results must include:

a) Information under Clause 2 of this Article;

b) List of investors not selected and summary of reasons for not being selected of each investor;

c) Plans for negotiation, completion and signing of contracts with selected investors.

5. After obtaining decisions on approval for investor selection results, investors shall establish project enterprises to execute the projects or execute the projects by themselves. Organization, management, operation and dissolution of project enterprises shall comply with regulations and law on enterprises, investment and project contracts.

Article 32. Negotiation and finalization of contracts

1. According to investor selection result, the procuring entity shall invite investor in the first rank for negotiation and finalization of contract. If the investor fails to attend or refuses the negotiation and finalization of contract, the investor will not receive their bid security.

2. Negotiation and finalization of contracts shall be implemented on the following basis:

a) Report on bid evaluation;

b) Bids and documents that clarify and revise bids (if any) of investors;

c) Bidding documents.

3. Rules for negotiation and finalization of contracts

a) Do not negotiate, finalize contracts for contents included in the invitation to bid made by investors according to bidding documents;

b) Negotiation and finalization of contracts shall not alter basic contents of the bids.

4. Contract negotiation and finalization contents:

a) Negotiate and finalize contents that are not sufficiently specific, clear, appropriate, or consistent between bids and bidding documents, among different contents in bids which may result in derivatives, disputes, or affect responsibilities of the parties in contract execution;

b) Negotiate issues that arise in investor selection process (if any) in order to finalize details of the projects;

c) Negotiate construction site handover progress; progress of payment of compensations, support, relocation costs of projects that have not been granted land clearance and monetary payment to state budget of investors;

d) Negotiate plans for implementation that satisfy business conditions (if any), plans for provision of services in accordance with regulations and law on road traffic;

dd) Negotiate responsibilities of the parties for execution of business and project contracts and provision of road traffic services at roads and expressways;

e) Negotiate other necessary contents.

5. During negotiation and finalization of contracts, the parties shall finalize draft contracts. Investors shall not change, withdraw, or refuse to implement basic contents proposed under their bids which have been evaluated by the procuring entities to be qualified according to bidding documents unless changes proposed by the investors improve the effectiveness of the projects.

6. In case of unsuccessful negotiation and finalization of contracts, procuring entities shall report to competent persons to consider and cancel investor selection results and invite investors in the next rank for negotiation and finalization of contracts. In case of unsuccessful negotiation and finalization of contracts with subsequent investors, procuring entities shall report to competent persons to consider and cancel the bid in accordance with Clause 1 Article 17 of the Law on Procurement.

Article 33. Signing contracts and publicizing project contract information

1. Rules for contract signing:

a) Value of signed contracts shall comply with Clause 4 Article 30 of this Circular;

b) Project expenditure; compensations, support, relocation costs for projects proposed by successful investors in their bids shall be recorded in the contracts;

c) Land rents payable determined in accordance with land laws and proposed payment to state budget of successful investors shall equal market price at the time of renting land under contracts; in case of changes in planning, policies or laws that affect the rents and payment, the regulations of the law on investment, construction, land, planning, housing and real estate business and other relevant laws shall be applied.

2. The signing of contracts shall comply with Articles 69, 70, 71 and 72 of the Law on Procurement.

3. Within 07 working days from the date on which project contracts are signed, procuring entities shall be responsible for publicizing project contracts on the National Bidding Network System. Basic information to be publicized includes:

a) Name of project; contract number; date of contract signing;

b) Name and address of the Party;

c) Name and address of investor;

d) Objectives and scales of project;

dd) Project progress;

e) Location of project, land rent area, land rent period;

g) Total project expenditure (excluding compensations, support, relocation costs and land rent);

h) Operating period after investment stage;

i) Other relevant contents (if any).

Article 34. Project execution

After the contract is signed, the successful investor or project enterprise shall:

1. Cooperate with local land authorities in completion of procedures for land expropriation, methods for compensation, support and relocation under regulations of land laws for projects that have not been granted land clearance or pay the value (M2) for projects that have been granted land clearance by the State under the contract.

2. Pay compensations, support, relocation costs (M2) for project and monetary payment to state budget (M3) proposed in bid according to progress and methods as agreed upon in the contract and as prescribed in part 2 of Appendix IV issued with this Circular;

3. Cooperate with the road management agency in completion of procedures for land expropriation or allocation and other necessary procedures according to regulations of the Land Law.

4. Execute project according to regulations of the contract, law on road traffic, investment, construction, land, planning or other relevant laws.

Chapter V

APPRAISAL AND ENTITLEMENT TO APPRAISAL, APPROVAL FOR INVESTOR SELECTION

Article 35. Appraisal of bidding documents

Dossiers and contents of appraisal of bidding documents shall be similar to appraisal of bidding documents for selection of investors according to regulations in Clause 2 Article 75 of Decree No. 25/2020/ND-CP dated February 28, 2020.

Article 36. Appraisal of list of investors who meet technical requirements and investor selection results

Dossiers and contents of appraisal of list of investors who meet technical requirements and investor selection results shall be similar to appraisal of list of investors who meet technical requirements and investor selection results according to regulations in Clause 3 and Clause 4 Article 76 of Decree No. 25/2020/ND-CP dated February 28, 2020.

Article 37. Responsibility of the road management agency

1. Manage and make project dossiers according to regulations.

2. Perform tasks of the competent authority specified in Clauses 1 and 3 of this Article; Clause 1 Article 10; Clause 5 Article 11; Clause 2 Article 12; Article 14; Clause 2 Article 17; Clause 2, Article 18, Clause 5, Article 29 of this Circular and perform the tasks of the competent authority in signed contract, manage operation with the successful investor during the contract execution.

3. Approve bidding documents, list of investors who meet technical requirements and list of investor ranking

4. Select a qualified unit to act as the procuring entity or perform some tasks of the procuring entity.

5. Cooperate with the competent People's Committee in initial determination of compensations, support and relocation costs (m2) of projects that have not been granted land clearance in accordance with land laws, or work with management agencies that have paid the costs to determine the value (m2) in case projects have been completely granted land clearance according to regulations of Article 16 of this Circular;

6. Make plans for determination of minimum payment to state budget (m3) under bidding documents of projects specified in Article 17 of this Circular.

7. Cooperate with the local land authorities and assign such authorities to preside over and submit to the competent People's Committees to complete the procedures for land expropriation, land allocation, land lease and other necessary procedures according to regulations of land laws.

Chapter VI

RESOLUTION OF ISSUES AND PROPOSITIONS IN INVESTOR SELECTION

Article 38. Resolution of issues and propositions in investor selection

Comply with Articles 80 through 83 of Government’s Decree No. 25/2020/ND-CP dated February 28, 2020 (amended by Clause 25, Clause 26 Article 89 of Decree No. 35/2021/ND-CP)

Article 39. Investor selection via the National Bidding Network System

The investor selection on the National Bidding Network System shall comply with guidelines of the Ministry of Planning and Investment.

Chapter VII

IMPLEMENTATION PROVISIONS

Article 40. Entry into force

1. This Circular comes into force as of May 01, 2023.

2. In the cases where any of the legislative documents referred to in this Circular is amended or replaced, the newest one shall apply

Article 41. Implementation

1. With regard to road traffic service works under management of the People's Committees of the provinces, the regulations of this Circular may be applied to implementation but the regulations of the law on bidding, specialized law, law on private investment shall be satisfied to ensure the objectives of competitiveness, fairness, transparency and economic efficiency.

2. The Chief of the Ministry Office, Ministerial Chief Inspector, Directors, Director General of Construction Investment Management Authority, Director General of the Directorate for Roads of Vietnam, Director General of Vietnam Expressway Authority and Heads of relevant agencies, organizations and individuals shall be responsible for implementation of this Circular./.

APPENDIX 1

TRACKING PROGRESS OF BIDDER SELECTION ACTIVITIES
(Issued together with Circular No. 1/2023/TT-BGTVT dated March 7, 2023 of the Minister of Transport)

Notes:

- Column [1]: Details of activities in bidder selection are built on the basis of the corresponding bidder selection process of the project.

- Columns [2], [3]: The Employer must determine the specific time of activities in bidder selection and submit it to the competent authority for approval together with the bidder selection plan as the ground for performance.

- Columns [4], [5], [6], [7]: The Employer must update the actual performance time and compare the time difference when submitting to the Competent Authority for approval the bidding items to monitor the progress of procurement activities.

APPENDIX II

FORM OF INVITATION FOR EXPRESSION OF INTEREST; PRELIMINARY REQUIREMENTS ON QUALIFICATIONS AND EXPERIENCE OF BIDDERS REGISTERING TO PERFORM SPECIALIZED ROAD TRAFFIC SERVICES

This Appendix includes:

1. Form of invitation for expression of interest in performing specialized road traffic service works.

2. Preliminary request form for qualifications and experience for bidders registering to perform specialized road traffic services.

1. Form of invitation for expression of interest in performing specialized road traffic service works

INVITATION FOR EXPRESSION OF INTEREST IN PERFORMING SPECIALIZED ROAD TRAFFIC SERVICE WORKS

[Location and date]_______________

To: To whom it may concern

Road authority, address: _________[insert name of province, central-affiliated city) invites interested bidders to submit application for project performance registration ____ [insert name of project according to the approved project list] with the following information:

1. Investment objectives and investment scale of the project:

________________

2. Preliminary total project performance costs (excluding costs of compensation, support, resettlement, land rent): ________________________

3. Summary of costs of compensation, support, resettlement for project with site clearance undone: ______________________________

4. Investment term and progress:

____________________

5. Location of the project:

____________________

6. Land plot area:

____________________

7. Time to operate the project after completing the investment:

____________________

8. Deadline for submission of application for registration of project performance: __________________

[insert specific time (date, time), but must be at least 30 days from the date the project list is posted]

9. Contact information:

- Road Authority

- Address:

- Telephone:

- Fax:

- Other information about the project:

_______________________________

10. Bidders interested and wishing to register for project performance must carry out procedures to be granted digital certificates and submit project performance registration application on the National Procurement System.

2. Form of preliminary requirements for qualifications and experience for bidders registering to perform specialized road traffic services

PRELIMINARY REQUIREMENTS FOR QUALIFICATIONS AND EXPERIENCE FOR BIDDERS REGISTERING TO PERFORM SPECIALIZED ROAD TRAFFIC SERVICES

Project’s name: __________________________

[insert name of project stated in the list of approved projects]

Issued together with Decision: _______________

[insert number and date of issuance of the decision approving the project list]

Chapter I

INSTRUCTIONS TO BIDDERS

Section 1. Invitation for expression of interest

1. Road authority, address: _________[insert name of province, central-affiliated city) invites interested bidders to submit application for project performance registration ____ [insert name of project according to the approved project list].

2. Information about the project:

Based on the approved list of investment projects, the Road Authority summarizes information about the project, including:

- Investment objectives and investment scale of the project: _______________

- Preliminary total project performance costs (excluding costs of compensation, support, resettlement, land rent): ________________________

- Summary of costs of compensation, support, resettlement for project with site clearance undone: ______________________________

- Costs of compensation, support, resettlement for project with site clearance undone: ______________________________

- Summary of the basic requirements of the project: ___________

- Investment term and progress: __________________

- Location of the project: ___________________

- Land plot area:

_________________________________

- The approved planning criteria: ______________

- Current status of the land: __________________

- Time to operate the project after completing the investment:

____________________________________

- Other information about the project: ___________________

- Deadline for submission of application for registration of project performance: __________________

___________________________

[insert specific time (date, time), but must be at least 30 days from the date the project list is posted]

Section 2. PRELIMINARY REQUIREMENTS FOR QUALIFICATIONS AND EXPERIENCE OF BIDDERS …

Preliminary requirements for qualifications and experience for bidders include requirements on financial qualifications and experience.  Details are made according to Chapter II.

Section 3. PRELIMINARY REQUIREMENTS FOR QUALIFICATIONS AND EXPERIENCE OF BIDDERS …

1. In case the bidder wants to have their preliminary requirements on qualifications and experience clarified, the bidder must send a request for clarification to the Road Authority in writing or through the National Procurement System at least 05 working days before the deadline for submitting project registration application for consideration.

2. After receiving the written request for clarification within the stipulated time, the Road Authority shall clarify and post it on the National Procurement System within a period of at least 02 working days before the deadline for submitting the project performance registration application, including a description of the inquiry but without identifying its source In case the clarification leads to modification of the preliminary requirements on qualifications and experience, Section 4 of this Chapter shall prevail.

Section 4. AMENDMENTS TO PRELIMINARY REQUIREMENTS FOR QUALIFICATIONS AND EXPERIENCE OF BIDDERS …

1. In case of modification of preliminary requirements on qualifications and experience, the Road Authority shall post it on the National Procurement System and decide to amend it together with the revised contents before the deadline for submission of application for project performance registration application at least 10 days.

2. In case the time for notification of amendments to preliminary requirements on qualifications and experience does not meet the requirements specified in Section 4.1, the Road Authority shall extend the corresponding deadline for submission of application for project performance registration. The extension shall be conformable with Section 6.3.

Section 5. LANGUAGE USED

The application for registration of project performance and all documents exchanged between the Road Authority and the bidder related to the invitation for expression of interest must be written in the following language: ________ [Specify language used in accordance with Article 9 of the Bidding Law].

Section 6. DOCUMENTS FOR REGISTRATION FOR PROJECT IMPLEMENTATION AND SUBMISSION DEADLINE

1. The project performance registration application prepared by the bidder must include the forms and relevant documents as prescribed in Chapter III.

2. The bidder submits the application for project performance registration on the National Procurement System before ____(time and date) [insert the deadline for submitting the project performance registration application, at least 30 days from the date on which the investment project portfolio is posted].

3. The Road Authority may extend the deadline for submitting project performance registration applications in case of amending the preliminary requirements on bidder's qualifications and experience as prescribed in Section 4 of this Chapter.  When extending the deadline, the Road Authority shall notify on the National Procurement System and send a notice to all bidders who have submitted applications for project performance registration (if any) of the deadline for submitting the applications.

SECTION 7. MODIFICATION, REPLACEMENT OF APPLICATIONS FOR PROJECT IMPLEMENTATION REGISTRATION

After submission, the bidder can replace or modify the application for project performance registration by submitting additional relevant documents on the National Procurement System before the deadline for submission of application for project performance registration.

SECTION 8. CLARIFICATION OF APPLICATIONS FOR PROJECT IMPLEMENTATION REGISTRATION

The bidder is responsible for clarifying the application for project performance registration at the request of the Road Authority. All requests for clarification and bidder feedback are made on the National Procurement System.

SECTION 9. NOTICE OF RESULTS OF PRELIMINARY EVALUATION OF BIDDERS' QUALIFICATIONS AND EXPERIENCE

1. After the results of preliminary evaluation of the qualifications and experience of the bidders are available, the Road Authority shall post the list of bidders meeting the requirements on the National Procurement System.

2. In case there are two or more qualified bidders, the selection of bidders will be carried out in the form of open bidding as prescribed at Point a, Clause 1, Article 9 of this Circular. Bidding Documents are widely released to bidders, including bidders outside the list of bidders who meet preliminary requirements on qualifications and experience.

Chapter II

PRELIMINARY REQUIREMENTS FOR QUALIFICATIONS AND EXPERIENCE OF BIDDERS

1. Evaluation method:

a) Based on the scale and nature of the project, one of the following methods of evaluating the bidder's qualifications and experience shall be used:

- Scoring method.

- Pass-fail system.

- Combination of scoring and pass-failed system.

b) In case of using the scoring method, the minimum score to be evaluated as responsive must not be lower than 80% of the total score of qualifications and experience and score of each required basic requirement is not lower than 70% of the maximum score of that item.

2. Evaluation Criteria:

Notes:

(1) Based on the size, nature and field of the project, other financial indicators can be adjusted or added such as: net asset value, revenue, profit,..

In case the Bidder is a newly established organization in the year, the Bidder’s financial situation is assessed on the basis of the financial statements audited by an independent auditor from the time of establishment to the deadline for submitting project registration documents is up to 28 days.

(2) The Bidder’s equity is determined on the basis of the Bidder’s financial data updated within a maximum period of 28 days before the deadline for submitting the application for registration of project performance and commitment to raise equity capital of the Bidder. The Bidder must declare information, provide documents on financial situation according to Form No. 06 of Chapter III.

Bidder’s remaining equity = Total equity - Litigation-related expenses - Committed equity for ongoing projects and other long-term investments (if any) - Equity to be retained in accordance with regulations (Equity used exclusively for allocation or required by law as to the Bidder; Equity to be retained according to special provision requirements for as the case may be; Other equity committed to be refunded and not used for dividend claims, etc.).

Chapter III.

FORMS

1. Form No. 01: Information on Bidder and partners

2. Form No. 02: Financial situation of the Bidder

3. Form No. 03: Commitment to provide financial and credit for the Bidder

3. Form No. 04: The Bidder's experience in trading and exploiting specialized road services

FORM NO. 01

INFORMATION ON BIDDER AND PARTNERS

I. Information on the Bidder/JV Party (1)

1. Bidder/JV Party name:

2. Country where the Bidder/JV Party's operation is registered:

3. Year of establishment:

4. Bidder/JV's Party Legal Address in Country of Registration:

5. Bidder/JV's Party legal representative information:

- Name:

- Address:

- Phone number/Fax:

- Email address:

6. Expected rate of capital contribution in the JV:

II. Information on partners

Notes:

(1) Regarding JV, each JV' Party shall declare information using this Form. The bidder must submit a copy of the written agreement between the JV Parties on the implementation of the project, clearly stating the expected rate of capital contribution in the JV.

Attached are copies of original documents of: Certificate of Enterprise registration, Establishment Decision or equivalent documents issued by competent agencies of the country where the Bidder is operating.

(2) The Bidder shall specify the names of the partners participating in the project performance.

(3) The Bidder clearly records the participating role of each partner.

(4) The Bidder shall specify the contract number or written agreement, enclosed with certified copies of such documents.

FORM NO. 02

FINANCIAL SITUATION OF THE PROPOSER (1)

1. Bidder/JV Party name:

2. Information on financial situation of the Bidder/JV Party:

a) Summary of financial data(2):

b) Attachment(3)

Attached are documents proving the Bidder’s financial data updated within a maximum period of 28 days before the deadline for submission of applications for project performance registration:

- A copy of the audited financial statements for a period of 28 days prior to the deadline for submission of applications for project performance registration (the Bidder can use the annual financial statements, the interim financial statements, the statement of owner’s equity).

The statements provided by the Bidder must ensure compliance with the laws on finance and accounting, and reflect the financial situation of the Bidder or JV’s Party, and not an affiliated entity (such as parent company or subsidiary company or associate company or JV’s Party).

- In case the period of 28 days before the deadline for submission of applications does not coincide with the financial statement period or the Bidder does not have audited financial statements during this time, the Bidder must provide the latest audited financial statement.

Besides, the Bidder must declare and provide documents proving the change in financial data from the time of the audit report to the time of bidding (e.g. documents proving the equity increase). The Bidder must be responsible for the information declared in the application.  In case the declared information is found to be incorrect and falsify the evaluation results, the Bidder may face penalities as prescribed.

- In case the Bidder is a newly established organization in the year, the Bidder’s financial situation is assessed on the basis of the financial statements audited by an independent auditor from the time of establishment to the deadline for submitting applications for project performance registration is up to 28 days.

Notes:

(1) Regarding JV, each JV' Party shall declare information using this Form.

(2) Based on the evaluation criteria, the Road Authority shall add appropriate information.

(3) Based on the evaluation criteria, the Employer may add documents that the Bidder must submit to prove their financial situation (for example: tax finalization inspection report, self-declaration tax form; documents proving that the Bidder has made electronic tax declaration and finalization; written certification of tax authorities;...).

FORM NO. 03

COMMITMENT TO PROVIDE FINANCE AND CREDIT FOR THE BIDDER

[Location and date]_______________

1. I am _____ [insert name], ______ [insert position], the legal representative of _____ [insert name of Bidder/name of JV], acknowledges and declares that the information provided in this document is true and correct and that the accompanying documents are exact copies of the originals.

2. The following financial and credit sources have been committed and will be mobilized to perform the project:

3. Attached documents:

- A written commitment to provide finance from a bank or credit institution, enclosed with documents proving the authority of the signatory.

- A written commitment to ensure sufficient equity for the project of the representative of the owner, the owner or the parent company, enclosed with documents proving the authority to sign the commitment.

- Relevant documents.

Legal representative of the Bidder

[Full name, position, signature and seal (if any)]

Notes:

(1) Insert the amount in numbers and words in the bid currency.

FORM NO. 04

THE BIDDER'S EXPERIENCE IN TRADING AND EXPLOITING SPECIALIZED ROAD SERVICES

[Location and date]_______________

[Bidders list their experience in trading or exploiting specialized road services under the mentioned project as required]

1. Road service business experience:

The Bidder shall declare his/her experience in road service business through the service business license granted to the Bidder by a competent authority, including the following:

a) Number and date of issuance of the service business license;

b) Name and address of the road service provider.

c) National highways and expressways where the service is provided.

d) The field of road services provided.

dd) Scope of service.

2. Experience in exploiting specialized road services:

The Bidder shall declare his/her experience in exploiting specialized road services, including the following:

a) Name and address of the enterprise providing specialized road services.

c) National highways and expressways where specialized road services are operated.

d) The field of specialized road services.

dd) Scope of operation of specialized road services.

e) Number of years of operating specialized road services.

Legal representative of the Bidder

[Full name, position, signature and seal (if any)]

Notes:

- Information required in this Form may be adjusted and supplemented to suit the requirements of the Bidder's qualifications and experience.

- The Proposer must provide documents proving the declared information such as notarized copies, certification of the competent authority/representative of the competent authority... 

APPENDIX III

REQUEST FOR PROPOSALS
Issued together with Circular No. 1/2023/TT-BGTVT dated March 7, 2023 of the Ministry of Transport)

REQUEST FOR PROPOSALS

Project’s name: __________________________

[insert name of project stated in the list of approved projects]

Issued on: ______________________

[insert the starting date of issuance of Request for Proposals to Proposers]

Issued together with Decision: _______________

[insert number and issuing date of decision on approval for Request for Proposals]

TABLE OF CONTENTS

SUMMARY

ABBREVIATIONS

PART 1. REQUEST FOR PROPOSALS PROCEDURES

Chapter I. Instructions to Proposers

Chapter II. Evaluation and Qualification Criteria for Proposals

Chapter III. Forms

PART 2. DRAFT CONTRACT AND CONTRACT FORMS

SUMMARY

PART 1. REQUEST FOR PROPOSALS PROCEDURES

Chapter I. Instructions to Proposers

This Chapter provides information to help Proposers prepare their Proposals. Information is also provided on preparation, submission, and evaluation of Proposals and on the award of Contracts.

Chapter II. Evaluation and Qualification Criteria for Proposals

This Chapter specifies the criteria to determine the Most Advantageous Proposal.

Chapter III. Forms

This Chapter includes the forms to be completed and submitted by the Proposer as part of its Proposal.

PART 2. DRAFT CONTRACT AND CONTRACT FORMS

This Section includes the draft contract and forms to be submitted as part of the Contract.

ABBREVIATIONS

PART 1. REQUEST FOR PROPOSALS PROCEDURES

CHAPTER I. INSTRUCTIONS TO PROPOSERS

Section 1. Project information; requirements on project implementation and operation

The Road Authority invites Proposers to receive the Request for Proposals, including the following contents:

I. Project information:

- Project’s name.

- Investment objectives.

- Investment scale.

- Place of performance.

- Investment term and progress.

- Time to operate the project after completing the investment.

- Preliminary total project performance costs (excluding costs of compensation, support, resettlement, land rent).

- Summary of costs of compensation, support, resettlement for project with site clearance undone.

- Area and existing condition of the land.

- Planning targets.

- Other details (if any).

II. Requirements on project performance and operation

- Requirements on project performance and exploitation in accordance with the approved planning; requirements to ensure the quality of works according to the law on construction investment and other relevant regulations.

- Technical requirements to ensure the satisfaction of investment objectives; investment scale.

- Requirements on allocating sufficient capital to perform the project.

- Requirements on the project performance schedule (including the construction time and the project exploitation time after completing the investment).

- Requirements on meeting conditions for business and operation of specialized road services (if any) in accordance with the law on roads (including conditions on organizational structure; conditions on staff; conditions on infrastructure and specialized equipment; conditions on capital to meet the requirements of business and exploitation of specialized road services at the route).

- Requirements on operation, management, and maintenance of project works.

- Environmental requirements according to the law on environment.

- Requirements on traffic infrastructure connection, technical infrastructure.

- Requirements on ensuring security and safety.

- Requirements on responsibility for coordinating with the road authority in the process of providing specialized road services of the Proposer.

- Other requirements related to the industry and field of the project as well as the specific conditions of the project.

Section 2. Eligible Proposers

Each independent Proposer or each JV's (joint venture) Party is eligible if meeting all the following requirements:

2.1. The Proposer has been granted a Certificate of Enterprise registration, a Establishment Decision or equivalent document issued by a competent authority of the country in which the Proposer is operating.

2.2. The Proposer is keeping independent accounting records.

2.3. The Proposer is not undergoing dissolution process, is not thrown into bankruptcy, and does not incur bad debts as prescribed by law.

2.4. The Proposer has to be legally and financially independent from the consultant, the Ministry of Transport, and the Road Authority as prescribed in Clause 4, Article 6 of the Law on Procurement and Clause 1 Article 4 of this Circular.

2.5. The Proposer has registered on national bidding network and obtains the approval.

2.6. The Proposer is not banned from bidding as prescribed in law on procurement.

Section 3. Clarification and amendment of RFP Document

3.1. A Proposer requiring any clarification of the RFP Document shall contact with the Road Authority in writing at least 7 working days prior to the deadline for submission of Proposals. The Road Authority will respond in writing to any request for clarification within the mentioned period.

3.2. Should the Road Authority deems it necessary to amend the RFP Document as a result of a clarification, it shall do so following the procedure. Any addendum issued, including the decision on amendment, shall be part of the RFP Document and shall be communicated in writing to the Proposers.

Section 4. Site Visit

4.1. The Proposer is advised to visit and examine the Site of the Works but only upon the express condition that the Proposer will release the Road Authority from and against all liability in respect thereof. The Proposer will be responsible for accidents, loss or damage to property, and any other loss, damage, costs, and expenses incurred as a result of the site visit.  Where necessary, the Road Authority may guide the Proposer to visit and inspect the Site.

4.2. The Proposer has to notify the Road Authority beforehand of the request for such a site visit.

Section 5. Language of Proposals

The Proposal prepared by the Proposer and all correspondence and documents related to the Proposal exchanged by the Proposer and the Road Authority shall be written in the English language: _____ [If the Proposal is written in English, write "English"; if the Proposal is written in both English and Vietnamese, then write “the Proposer can choose either English or Vietnamese to prepare the Proposal based on the English-written Proposal”].

Section 6. Documents comprising the Proposal

The Proposal submitted by the Proposer shall comprise the following:

6.1. Letter of Proposal in accordance with ITP 7.1.

6.2. Joint venture agreement for a JV bidder in accordance with ITP 7.3.

6.3. Written confirmation authorizing the signatory of the Bid to commit the Proposer, in accordance with ITP Section 7.2.

6.4. Documentary evidence that the Proposer continues to be eligible and qualified to perform the contract in accordance with ITP 8. 

6.5. Technical Proposal in accordance with ITP 9.

6.6. Financial Proposal and Schedules fully filled in accordance with ITP 11.

Section 7. Letter of Proposal

7.1. A Letter of Proposal as prescribed in Form No. 01 Chapter III - Forms.

7.2. As for independent Proposer, the Letter of Proposal must be signed and stamped (if any) by the Proposer’s legal representative.

The legal representative of the Proposer is the representative by law of the Proposer or the authorized representative,

If the Proposer’s legal representative authorizes his/her subordinate to sign the Letter of Bid, a Power of Attorney (Form 02 provided in Chapter III - Forms) must be enclosed. If the company’s charter or another document permits such subordinate to sign the Letter of Proposal, such document shall be enclosed (in this case, the Power of Attorney form 02 Chapter III is not required). The original Power of Attorney (made according to Form No. 02 Chapter III) must be sent to the Road Authority together with the Letter of Proposal.

7.3. Regarding JV Parties, the Letter of Proposal shall bear the signature and seal (if any) of the legal representative of every JV Party or the head of the leading JV's Party authorized to sign the Letter of Proposal according to the regarding JV agreement (if any).

The legal representative of the JV is the representative by law or the authorized representative. In case of authorization, comply with regulations for independent Proposer specified in ITP Section 7.2.

Section 8. Documents establishing the Experience and Qualifications of the Proposer

8.1. Written confirmation of eligible Proposer:

a) As for independent Proposer, documents establishing their qualifications include:

Copies of original documents of: Certificate of Enterprise registration, Establishment Decision or equivalent documents issued by competent agencies of the country in which the Proposer is operating.

b) As for JV Parties, documents establishing their qualifications include:

- Documents mentioned at Point a of this Section for each JV Party;

- The JV agreement between Parties according to Form No. 03 in Chapter III - Forms.

8.2. Documents establishing the experience and qualifications of Proposer include those mentioned in the forms in the Chapter III - Forms.

Section 9. Documents establishing theTechnical Proposal

Documents establishing theTechnical Proposal include:

9.1. Proposal for the plan and method of performing the project.

9.2. Proposal for the plan to operate, manage and provide specialized road services.

Section 10. Alternative Bid

10.1 The Proposer is proposed to make an Alternative Bid.

10.2. The Proposer has to provide all information necessary for the Road Authority to evaluate the Alternative Bid.

Section 11. Financial Proposal

11.1. The Proposer has to submit a financial proposal, including the Bills of Quantities and costs of compensation, support, and resettlement as specified in the Chapter III - Bidding Forms.

11.2. The Bidder shall complete the work as required in the RFP Document based on the total cost of project performance, the costs of compensation, support, and resettlement as to the project and their proposed payment to State budget.

11.3. In a case where the Proposer proposes an extra payment to State budget, it shall mention it in the Letter of Proposal. In this case, the Proposer shall specify the contents and methods of increasing the payment to State budget enclosed with the corresponding financial-related proposal.

Section 12. Currency of Bid

Bid currency is: __________________

[according to the request of the project, one or a number of currencies not exceeding 3, for examples:  In case there is VND among those currencies, it must be converted to VND.  In case an offer in foreign currency is allowed, the Proposer must be required to prove the work using foreign currency and the preliminary value of the corresponding foreign currency; domestic expenses must be quoted in VND, foreign expenses related to the project shall be quoted in foreign currency].

Section 13. Validity period of the Proposal

13.1. The validity period of the Proposal is ………… days from the deadline for submission of the Proposal.

13.2. Where necessary, before the expiry of the validity period of the Proposal, the Road Authority shall request the Proposer to extend the validity of the Proposal.  The request and the responses shall be made in writing. A Proposer accepting the request for extension is not allowed to modify its Proposal.

Section 14. Format and signatures of the Proposal

14.1. The Proposer must prepare a Proposal including: 01 original of 05 copies of the Proposal.  If there any modification to or substitutions for Proposal, the Proposer shall prepare one original and a number of photocopies equivalent to the number of photocopies of the Proposal.

14.2. The Proposer shall be responsible for the discrepancy between the original and the copies. In case there is a discrepancy between the original and the photocopy, the evaluation shall be done based on the original.

14.3. The original of Proposal shall be typed or written in indelible ink and and have page numbers. The Letter of Proposal, addenda (if any) and other forms prescribed in Chapter III  - Forms must bear the signature and seal of the Proposer’s legal representative or authorized representative (if any).  Regarding JV Parties, the Letter of Proposal shall bear the signature and seal (if any) of the legal representative of every JV Party or the head of the leading JV's Party authorized to sign the Letter of Proposal according to the regarding JV agreement (if any).

14.4. Any interlineation, erasures, or overwriting shall be valid only if they are signed or initialed by the person signing the Proposal.

Section 15. Deadline for submission of Proposals

The Proposer directly submits or sends the Proposal to the Road Authority before [insert the deadline for submission of the Proposal] to the address stated in the RFP Documents of the Road Authority.

Section 16. Proposal Evaluation and Negotiation

16.1. Proposal evaluation shall be done in accordance with the procedures, methods, and standards specified in Chapter II - Proposal evaluation methods and standards

16.2. During the evaluation of the Proposal, the Road Authority may invite the Proposer to explain, clarify, amend and supplement the necessary information of the Proposal and negotiate the Proposer's proposals in order to demonstrate the satisfaction of the requirements of the Proposal in terms of qualifications, experience, progress, quality, technical solutions, measures and other necessary matters.

16.3. The contract negotiation also includes negotiation on necessary matters on the financial proposal, including error correction and deviation correction (if any).

Section 17. Award Criteria

A Proposer shall be proposed for contract award when following criteria are satisfied:

17.1. The Proposer has a valid Proposal.

17.2. The Proposer is fully qualified and experienced.

17.3. The technical proposal is fully responsive.

17.4. The financial proposal is fully responsive.

Section 18. Publication of contract award

18.1. After the Proposer approval result is approved, the Road Authority shall post information about the contract award on the System, and also send a written notice of contract award. The written notice of contract award must include the following:

a) Project name; objectives and scope of the project.

b) Name of the successful Proposer.

c) Project performance schedule.

d) Location of project performance, area and land lease term.

dd) Time to operate the project after completing the investment.

e) Total project performance costs (excluding costs of compensation, support, resettlement, and land rents).

g) Total amount proposed to be paid into the state budget by the Bidder.

h) Other details (if any).

18.2. Together with the written notice of contract award, the Road Authority shall send the draft contract and the contract finalization plan, including the requirements for the Performance Security, to the successful Proposer.

Article 19. Conditions for signing of contract

19.1. The Proposal of the Proposer shall remain valid at the time of signing of contract.

19.2. At the time the Contract is signed, the successful Proposer shall be technically and financially responsive to perform the project. In case the Proposer is no longer qualified as prescribed in the RFP Document, the competent authority shall refuse to conclude the contract with that Proposer. In which case, the competent authority will cancel the decision on contract award.

Section 20. Performance Security

20.1. Before the contract takes effect, the Proposer shall furnish a Bid Security in the form of either a deposit, deposit on guarantee, or a bank guarantee from a bank or credit institution lawfully operating in Vietnam.

20.2. The validity period of the Performance Security is: The Performance Security takes effect from the effective date of the contract until the date the Proposer fulfills the obligations as prescribed in the project contract ______ [specify number of days]

20.3. The value of Performance Security is _______ [insert specific value and currency, equivalent to 1-3% of the total project performance cost]

20.4. The Performance Guarantee is made according to Form No. 12, Part 2 - Draft Contract and Contract Form of the RFP Document.

20.5. Time limit for return of Performance Security: ________ [specify time-limit for return of Performance Security to the Proposer immediately after or no later than days since the work is completed and accepted] .

20.6. The Performance Security shall not be returned in one of the following cases:

a) Refuse to perform the contract on the effective date of the contract;

b) Violate terms and conditions of the contract;

c) Perform the contract behind the schedule and refuse to extend the validity period of the Performance Security.

Section 21. Contract performance

After the contract is signed between the competent authority and the successful Proposer (or the project enterprise established by the successful Proposer to perform the project), the unit assigned to manage the road where the project is performed, the successful Proposer (or the project enterprise established by the successful Proposer to perform the project) shall coordinate with the local land authority to submit it to the competent People's Committee for decision on land recovery, decision on approval of compensation, support and resettlement plans in accordance with the provisions of the law on land.  According to the agreed progress in the contract, the successful Proposer (or the project enterprise established by the successful Proposer to perform the project) shall pay compensation, support and resettlement (M2) and the monetary amount (M3) proposed in the Proposal for the Central State Treasury. No interest is charged on the expenses (M2)

CHAPTER II. EVALUATION METHOD AND CRITERIA OF PROPOSALS

Section 1. Evaluation of the eligibility of the Proposal

1.1. Inspecting the Proposal

a) Inspect quantity of photocopies of Proposal;

b) Inspect the composition of the orginal Proposal as provided for in ITP Section 6.

c) Inspect the uniformity of contents between original copy and photocopies to serve the detailed evaluation of the Proposal.

1.2. Evaluation of the eligibility of the Proposal

A Proposal is considered valid when all of the conditions below are satisfied:

a) There is an original copy of Proposal.

b) There is a Letter of Proposal bearing the signature and seal (if any) by of the legal representative of the Proposer as specified in the Request for Proposals. Regarding JV Parties, Letter of Proposal shall bear the signature and seal (if any) of the legal representative of every JV Party or the head of the leading JV's Party authorized to sign the Letter of Proposal according to the regarding JV agreement (if any).

c) The validity period of the Proposal satisfies requirements as prescribed in ITP Section 13.

d) In case of JV Parties, it requires a JV agreement with signatures and seals (if any) of the representatives of JV Parties and the JV agreement shall clarify common and private responsibilities of every JV Party using form 03 Chapter III - Forms.

dd) The Proposer’s status is valid as prescribed in ITP Section 8.

e) The section of payment to the state budget stated in the Letter of Proposal must be specific, fixed in numbers and words, not suggesting different values for the same item or be accompanied by conditions that are unfavorable to the competent authorities, the Employer;

Section 2. Qualifications and experience evaluation

2.1. Evaluation Method

a) Based on the scale and nature of the project, one of the following methods of evakuating the Proposer’s qualifications and experience shall be used:

- Scoring method.

- Pass-fail system.

- Combined evaluation of pass-fail system and scoring method.

b) In case of using the scoring method, the minimum score to be assessed as satisfying the requirements must not be lower than 80% of the total score of qualifications and experience and the score of each basic criterion must not be lower than 70% of the criterion’s maximum score.

2.2. Evaluation Criteria

The evaluation of qualifications and experience of the Proposer is done according to the Table 1 below:

TABLE 1: QUALIFICATION EVALUATION CRITERIA

Notes:

(1) Based on the size, nature and field of the project, other financial indicators can be adjusted or added such as: net asset value, revenue, profit,...

In case the Proposer is a newly established organization in the year, the Proposer’s financial situation is assessed on the basis of the financial statements audited by an independent auditor from the time of establishment to the deadline for submitting project registration documents is up to 28 days.

(2) The Proposer's equity is determined on the basis of the Proposer’s financial data updated within a maximum period of 28 days before the deadline for submitting the application for registration of project performance and commitment to raise equity capital of the Proposer. The Bidder must declare information, provide documents on financial situation according to Form No. 06 of Chapter III.

Proposer’s remaining equity = Total equity - Litigation-related expenses - Committed equity for ongoing projects and other long-term investments (if any) - Equity to be retained in accordance with regulations (Equity used exclusively for allocation or required by law as to the Proposer; Equity to be retained according to special provision requirements for as the case may be; Other equity committed to be refunded and not used for dividend claims, etc.).

Section 3. Technical evaluation

3.1. Evaluation method

Use the scale of 100 or 1,000 scoring system to develop technical evaluation criteria, in which the minimum and maximum points must be specified for each general and detailed criterion. When formulating technical evaluation criteria, a minimum score must be specified to be assessed as meeting the requirements but must not be lower than 70% of the total technical score and each item required on the project performance plan and method; the plan on organization of operation, management and provision of specialized road services shall not be lower than 60% of the maximum score of that item, depending on the scale and nature of each specific project.

3.2. Technical evaluation criteria

Based on the scale, nature and field of the project, the Employer shall specify the technical evaluation criteria. The Employer requires the Proposer to explain the project performance plan and method; explain the method of organizing the operation, management and provision of specialized road services to assess the suitability and feasibility of the Proposer’s proposal for the following contents:

TABLE 2. TECHNICAL EVALUATION CRITERIA

In addition to the above-mentioned criteria, in the process of developing technical evaluation criteria, the Employer may adjust and supplement other technical criteria suitable to the nature, field and characteristics of the specific project.

Section 4. Financial-commercial evaluation

The Proposer with a proposal that the highest value of total project performance cost (M1) is not lower than m1 (M1 ≥ m1); the compensation, support and resettlement value (M2) is not lower than m2 (M2 ≥ m2) for projects with site clearance undone; value (m2)=m2 for projects with site clearance; unconditional contribution to the state budget in cash in addition to the Bidder's obligations to the state budget as prescribed by applicable law (M3) is ranked first and considered contract award. Where:

5.1. m1 is the preliminary total project performance cost approved in the project portfolio

5.2. m2 is the preliminary cost of compensation, support and resettlement of the land area to be supported and resettled as prescribed in Article 16 of this Circular.

5.3. m3 is the floor price paid to the state budget as prescribed in Article 17 of this Circular.

5.4. M1 is the total project performance cost (excluding the cost of compensation, support, resettlement, and land rent) proposed by the Proposer in the Proposal. The project performance plan is developed by the Proposer on the basis of conformity with the project performance requirements in the Request for Proposals.

5.5. M2 is the value of compensation, support and resettlement for the project proposed by the Proposer in the Proposal based on the content of m2 determined in the Request for Proposals.

5.6. M3 is the unconditional contribution to the state budget in cash in addition to the Proposer's obligations to the state budget in accordance with applicable law.

During the project performance, the successful Proposer is responsible for strictly following the proposed plan, meeting the requirements in the Request for Proposals. Project performance costs are determined on the basis of actual implementation process but must ensure compliance with relevant legal regulations and meet project performance requirements.

CHAPTER III. FORMS

1. Form No. 01. Letter of Proposal

2. Form No. 02. Power of Attorney

3. Form No. 03. JV agreement

4. Form No. 04: Proposer information

5. Form No. 05: Project partners

6. Form No. 06: Financial situation of the Proposer

7. Form No. 07: Commitment to provide financial and credit for the Proposer

8. Form No. 08. The Proposer’s experience in trading and exploiting specialized road services

9. Form No. 09: Technical Proposal

10. Form No. 10: Summary of project performance costs and costs of compensation, support and resettlement for project with site clearance undone

FORM NO. 01

LETTER OF PROPOSAL (1)

[Location and date]_______________

To: _______ [insert Employer’s name]

After taking account of the Request for Proposals of the project ____ [insert project’s name] issued by ________ [insert the Road Authority’s name] on ____ (date) and revisions thereof number ____[insert the number of the revisions (if any)], we, ____[insert the Proposer’s name], commit to perform the project ____ [insert project name] in accordance with the requirements of the Request for Proposals with total project performance costs (excluding costs of compensation, support, resettlement, land rent): ____[insert amount in numbers and words]; cost of compensation, support and resettlement for projects with site clearance undone: ____[insert amount in numbers and words] and the value of payment to the state budget (in addition to the Proposer's obligations to with the state budget in accordance with current law): ____ [insert amount in numbers and words].

This Proposal is submitted with no conditions and attachments attached. We are available to provide the Road Authority with any additional information or other necessary clarifications required by the Road Authority.

We hereby declare that(2):

1. Only submit one Proposal as an independent Proposer, a JV Party.

2. We are not undergoing dissolution process, are not thrown into bankruptcy, and do not incur bad debts as prescribed by law.

3. We do not commit violations against regulations on assurance of competitiveness in bidding.

4. We are not involved in corrupt, fraudulent or conclusive practice and other violations against procurement law.

5. The information declared in the Proposal is accurate and truthful.

6. We agree and declare to bear all related responsibilities for all obligations of the Proposer during the bidding process.

This Proposal is valid for the period of ____ [insert number of days](3) from the date of ____ month ____ year ____ [insert deadlien for submission of proposals](4).

Legal representative of the Bidder (5)
[Full name, position, signature and seal (if any)(6)]

Notes:

(1) The Proposer should fully and accurately note the information about the names of the Road Authority, the Proposer, and the validity period of the Proposal.

(2) If it is found that the Proposer violates these commitments, the Proposer shall be deemed to have committed fraud and the bid will be disqualified.

(3) Effective period of the Proposal begins from the the deadline for proposal submission to its expiration date as prescribed in the Request for Proposals.

(4) Insert the dealine date as prescribed in ITP Section 13.

(5) For independent Proposer, the Letter of Proposal must be signed and stamped (if any) by the Proposer’s legal representative. Regarding JV Parties, Letter of Proposal shall bear the signature and seal (if any) of the legal representative of every JV Party or the head of the leading JV's Party authorized to sign the Letter of Proposal according to the regarding JV agreement (if any).

The legal representative of the Proposer /JV Party is determined in accordance with Section 7 of the ITP.

(6) If a foreign Proposer has no seal, there must be a certification issued by a competent agency that the signature in the Letter of Proposal and any other documents of the Proposal belongs to its legal representative.

FORM NO. 02

POWER OF ATTORNEY(1)

[Location and date]_______________

I am __________[insert name, ID/passport number, position of Proposer’s legal representative], the legal representative of _______ [insert name of Proposer] at _____________ [insert address of Proposer] hereby authorizes _____________ [insert name, ID/passport number, position of authorized person] to perform the following tasks during the participation in the process of bidding of _____________ [insert name of the project] held by ____________ [insert name of the Road Authority]:

[The scope of authorization includes one or more of the following tasks:

- Sign the Letter of Proposal;

- Sign the JV agreement (if any);

- Sign documents with the the Road Authority during the bidding process, including the request for Clarification of Request for Proposals and Proposals;

- Participate in contract negotiation and finalization;

- Sign a contract with a competent authority if the Proposer is approved.]

The authorized person only perfoms the tasks within the area of competence of a legal representative of __________ [insert name of Proposer]. ____________ [insert name of Proposer’s legal representative] is totally responsible for the tasks performed by ___________ [insert name of authorized person] within the authorization scope.

The Power of Attorney is effective from __________ [date] to _________ [date] (1) and is made into _______ copies with equal value. _____ copies are kept by the authorizer, and _______ copies are kept by the authorized person. Attach one (01) original of the Proposal.

Notes:

(1) Insert the effective date and and expriration date of the Power of Attorney in conformity with the bidding process.

(2), (3) The authorized person may use the seal of the Proposer or their seal.

FORM NO. 03

JV AGREEMENT

[Location and date]_______________

Representatives of signatories to the JV agreement include:

Name of JV’s Party ____[insert name of each JV's Party]

- Country where the operation is registered:

- TIN:

- Address:

- Phone number:

- Fax:

- Email:

- Legal representative:

- Position:

Power of Attorney No._____ dated _______[in case of authorization].

The JV’s Parties have reached a consensus on entering into a JV agreement with the following contents:

Article 1. General rules

1. Parties voluntarily establish this JV to participate in the process of bidding for __________ _______________ [insert name of project]

2. Official name of the JV used in every transaction related to the project: ______________ [insert the agreed name of the JV].

Transaction address of the JV:

Phone number:

Fax:

Email:

Representative of the JV:

3. Every Party is committed not to unilaterally participate or establish a JV with another Proposer to participate in this project.

Article 2. Assignment of duties

The Parties agreed to assign responsibilities to perform the tasks in the bidding process to select proposers for the project as follows:

1. The Parties agree to assign _____ [insert name of a JV Party] is the leading Party of the JV, representing the JV to perform the following tasks (can be revised according to the agreement of the Parties):

[The leading Party may represent the JV to perform one or more of the following tasks:

- Sign the Letter of Proposal;

- Sign documents with the the Road Authority during the bidding process, including the request for Clarification of Request for Proposals and Proposals;

- Sign petitions in proposer selection (if any);

- Perform other tasks except for contract conclusion: _______________ [specify other tasks (if any)].

2. Roles and responsibilities of JV Parties (1) [specify roles and responsibilities of each JV Party and state the percentage of owner's equity in the JV]:

Article 3. Effect of JV agreement

1. The JV agreement takes effect from the day on which it is signed.

2. The JV agreement expires in the following cases:

- The Parties mutually agree to terminate;

- There is a change in JV Parties. In this case, if the change of a JV Party is approved by the Road Authority, the Parties must establish a new JV agreement;

- The JV is not awarded the contract;

- Cancel the approval for the Bidder’s project according to the notice of the Road Administration;

- All parties have fulfilled their duties and finalize the contract.

This JV Agreement is made into _____ original(s), each JV Party keeps ___ copies, enclosed with 01 original of the Proposal. The copies have the same legal validity.

Legal representative of each JV Party (2)
[insert name of legal representative of each Party, position, signature and seal (if any)(3)]

Notes:

(1) The Proposer must list the participating role and equity contribution ratio of each JV Party.

(2) The legal representative of each JV Party is determined in accordance with Section 7 of the ITP.

(3) In case a JV Party is a foreign bidder without a seal, a competent organization's certification must be provided that the signature in the JV agreement is that of the Party’s legal representative.

FORM NO. 04

PROPOSER INFORMATION

[Location and date]_______________

1. Proposer/JV Party name:

2. Country where the Proposer's operation is registered:

3. Year of establishment:

4. Legal address of the Proposer in the country of registration:

5. Information about the legal representative of the Proposer:

- Name:

- Address:

- Phone number/Fax:

- Email address:

6. Organizational chart of the Proposer.

Legal representative of the Proposer

[Full name, position, signature and seal (if any)]

Notes:

(1) Regarding JV, each JV' Party shall declare information using this Form.

(2) The Proposer needs to submit copies of original documents of: Certificate of Enterprise registration, Establishment Decision or equivalent documents issued by competent agencies of the country in which the Proposer is operating.

FORM NO. 05

PROJECT PARTNERS (1)

Legal representative of the Proposer

[Full name, position, signature and seal (if any)]

Notes:

(1) In case other partners are involved, the declaration shall be made according to this Form.

(2) The Proposer shall specify the names of the partners participating in the project performance.

(3) The Proposer clearly records the participating role of each partner.

(4) The Proposer shall specify the contract number or written agreement, enclosed with certified copies of such documents.

FORM NO. 06

FINANCIAL SITUATION OF THE PROPOSER (1)

1. Proposer/JV Party name:

2. Information on financial situation of the Proposer/JV Party:

a) Summary of financial data(2):

b) Attachment(3)

Attached are documents proving the Proposer's financial data updated within a maximum period of 28 days before the deadline for submission of bids:

- A copy of the audited financial statements for a period of 28 days prior to the deadline for submission of proposals (the Proposer can use the annual financial statements, the interim financial statements, the statement of owner’s equity).

The statements provided by the Proposer must ensure compliance with the laws on finance and accounting, and reflect the financial situation of the Proposer or JV’s Party, and not an affiliated entity (such as parent company or subsidiary company or associate company or JV’s Party).

- In case the period of 28 days before the deadline for submission of proposals does not coincide with the financial statement period or the Proposer does not have audited financial statements during this time, the Proposer must provide the latest audited financial statement.

Besides, the Proposer must declare and provide documents proving the change in financial data from the time of the audit report to the time of bidding (e.g. documents proving the equity increase). The Proposer must be responsible for the information declared in the Proposal.

- In case the Proposer is a newly established organization in the year, the Proposer must submit a financial statement audited by an independent audit unit up to 28 days from the time of establishment until the deadline for submission of proposals.

Legal representative of the Proposer

[Full name, position, signature and seal (if any)]

Notes:

(1) Regarding JV, each JV' Party shall declare information using this Form.

(2) Based on the evaluation criteria, the Road Authority shall add appropriate information.

(3) Based on the evaluation criteria, the Road Authority may add documents that the Proposer must submit to prove their financial situation (for example: tax finalization inspection report, self-declaration tax form; documents proving that the Proposer has made electronic tax declaration and finalization; written certification of tax authorities;...).

FORM NO. 07

COMMITMENT TO PROVIDE FINANCE AND CREDIT FOR THE PROPOSER

[Location and date]_______________

1. I am _____ [insert name], ______ [insert position], the legal representative of _____ [insert name of Proposer /name of JV], acknowledges and declares that the information provided in this document is true and correct and that the accompanying documents are exact copies of the originals.

2. The following financial and credit sources have been committed and will be mobilized to perform the project:

3. Attached documents:

- A written commitment to provide finance from a bank or credit institution, enclosed with documents proving the authority of the signatory.

- A written commitment to ensure sufficient equity for the project of the representative of the owner, the owner or the parent company, enclosed with documents proving the authority to sign the commitment.

- Relevant documents.

Legal representative of the Proposer

[Full name, position, signature and seal (if any)]

Notes:

(1) Insert the amount in numbers and words in the bid currency.

FORM NO. 08

THE BIDDER'S EXPERIENCE IN TRADING AND EXPLOITING SPECIALIZED ROAD SERVICES

 [Location and date]_______________

[Proposers list their experience in trading or exploiting specialized road services under the mentioned project as required]

1. Road service business experience:

The Proposer shall declare his/her experience in road service business through the service business license granted to the Proposer by a competent authority, including the following:

a) Number and date of issuance of the service business license (if any);

b) Name and address of the road service provider.

c) National highways and expressways where the service is provided.

d) The field of road services provided.

dd) Scope of service.

2. Experience in exploiting specialized road services:

The Proposer shall declare his/her experience in exploiting specialized road services, including the following:

a) Name and address of the enterprise providing specialized road services.

c) National highways and expressways where specialized road services are operated.

d) The field of specialized road services.

dd) Scope of operation of specialized road services.

e) Number of years of operating specialized road services.

Legal representative of the Proposer

[Full name, position, signature and seal (if any)]

Notes:

- Information required in this Form may be adjusted and supplemented to suit the requirements of the Proposer 's qualifications and experience.

- The Proposer must provide documents proving the declared information such as notarized copies, certification of the competent authority/representative of the competent authority...

FORM NO. 09

TECHNICAL PROPOSAL

Based on the scale, nature and field of the project and the evaluation criteria of the Proposal, the Road Authority shall request the Proposer to prepare the technical proposal forms and the attached explanatory documents (if any) as a basis for evaluating the Proposal, including the following contents:

1. Proposal for the plan and method of performing the project:

- Demonstrating the understanding of the actual existing condition; output growth forecast; the project's objectives according to the approved plan.

- Project scale, design plan.

- Technical and technological plan of the project.

- Project performance plan, progress, construction time.

- Plans to reduce environmental impact.

- As for projects with site clearance undone, the Proposer must have a plan to coordinate with the road authority where the project is executed to work with the competent People's Committee to complete the site clearance and for the competent People's Committee complete land procedures as prescribed.

- Plan to connect traffic infrastructure, technical infrastructure (water drainage, environment) of the project with the general infrastructure of the national highway and expressway; make clear architectural plans and drawings of the general plan at the scale of 1/500, meeting the requirements of the Bidding Documents within the project boundaries with the Proposer 's funds.

- Plans on fire safety; safe security; solutions, measures and equipment for fire safety; organizing the apparatus to manage the fire safety system according to regulations (for works with requirements on fire safety).

- Time to operate the project after completing the investment.

2. Proposal for the plan to operate, manage and provide specialized road services:

- Plan to meet the conditions for business and operation of road services (if any) in accordance with the provisions of the law on roads (including conditions on organizational apparatus; team staff; specialized infrastructure and equipment; capital requirements to meet business and road service requirements at the route, and documents, and contracts to prove that they meet those conditions).

- Plan on organization, operation, management and provision of specialized road services to meet the objectives, strategies, master plans and plans for the development of national highways and expressways.

- Plan on coordination with the competent authority in the process of providing road services of the Proposer, ensuring security and safety.

- Monitoring plan to ensure stable, continuous and quality road services.

FORM NO. 10

GRAND SUMMARY OF PROJECT PERFORMANCE COST AND COSTS OF COMPENSATION, SUPPORT, RESETTLEMENT FOR PROJECT WITH SITE CLEARANCE UNDONE

The Proposer needs to submit a grand summary of project performance costs and costs of compensation, support and resettlement in both printed and electronic copies (in excel file format or at the request of the Employer) according to the following requirements:

- Built on Microsoft Excel 2000 application (updated) or other application;

- Present the amount in millions with 2 decimal places;

- No pages or cells are hidden or protected by codes;

- Separation needs to be properly figured out so that they can be easily followed on the screen or on the page;

- Cells containing fixed numbers should be highlighted in yellow.

PART 2. DRAFT CONTRACT AND CONTRACT FORMS

On the basis of the basic contents of the project contract as guided below, based on the nature, scale and field of each specific project, develop a draft contract and attach it in the Request for Proposals.  The draft contract includes provisions to serve as a basis for the Parties to negotiate, finalize, sign and perform the contract, ensuring a clear division of responsibilities, risks, legal rights and interests of the Parties to enter into a contract in accordance with applicable law.

I. GROUNDS FOR SIGNING PROJECT CONTRACT

List the legal documents as the grounds for signing the project contract, including:

- Laws, Decrees and guiding Circulars related to project performance;

- Resolutions or decisions on approval for relevant plannings in accordance with the law on planning, national and local socio-economic development plans related to the project;

- Decisions and documents of competent agencies;

- Other relevant legal documents.

II. PARTIES TO PROJECT CONTRACT

Declare information of the Parties to the project contract, including:

a) Competent authority.

- Name of the ompetent authority;

- Address:

- Phone number and Fax number:

- Name and position of the representative;

- Written authorization to sign and perform the project contract (if any).

b) The Proposer

- Business name (Vietnamese, English name and initials, if any);

- Address:

- Phone number and Fax number:

- Information about the Certificate of Business Registration or the Certificate of Investment Registration (number, date of issue, place of issue, issuer) (in case the Proposer is a Vietnamese enterprise or foreign-invested enterprise established in Vietnam);

- Name and position of the representative.

(In case a Party is a foreign bidder, insert the Proposer's name, nationality, certification documents; establishment license number, business registration certificate number or equivalent document number) equivalent, if any; address, phone number, fax, full name, position of the authorized representative).

c) Project enterprise (applicable in case the Proposer and the project enterprise form a party to sign a project contract with the competent authority)

- Business name (Vietnamese, English name and initials, if any);

- Address:

- Phone number and Fax number:

- Information on the Certificate of Business Registration (Number, date of issue, place of issue, issuer);

- Name and position of the representative.

III. CONTENTS OF PROJECT CONTRACT

Article 1. Purpose of the project contract

Agreement between the competent authority and the Proposer, the project enterprise on the rights and obligations of each Party in implementing the project contract, this Circular and other legal documents other relevant.

Article 2. Interpretation of terms

In this Article, definitions and abbreviations (if any) of the concepts used in the project contract are provided in accordance with applicable law and the specific context of the project contract.

Article 3. Contract documents and order of priority

This Article stipulates the documents in the contract documents and the order of priority which applies to documents in the contract, including:

1. Contract Agreement;

2. Contract addenda (if any);

3. Note of Contract Negotiation;

4. Decision on approval for Proposer selection result;

5. Written agreement of the Parties on the conditions of the contract;

6. The Bid and addenda thereof of the successful Proposer;

7. Bidding documents and amending documents thereof (if any);

8. Relevant documents.

Article 4. Language

This Article stipulates the language used for the contract: The language used for the contract is Vietnamese in case the successful Proposer is a domestic Proposer.  In case the contract involves the participation of a foreign Proposer, the language used is Vietnamese and another language agreed upon by the Parties. When a contract is signed in two languages, the Parties must agree on the language used in the contract transaction process and the order of priority to use language to settle contract disputes.

Article 5. Objectives, scope and scale of the project

This Article stipulates the project's objectives (main work items...); location, area and function of the land area; project scale; administrative boundaries of the land area for project performance; total project cost.

Article 6. Project performance location and land lease area

This Article stipulates the location of the project, the expected land lease area of the project work and related works (if any).

Article 7. Requirements on project performance and exploitation

This Article states:

- Requirements on project performance and exploitation in accordance with the approved planning; requirements to ensure the quality of works according to the law on construction investment and other relevant regulations.

- Technical requirements to ensure the satisfaction of investment objectives; investment scale.

- Requirements on allocating sufficient capital to perform the project.

- Requirements on the project performance schedule (including the construction time and the project exploitation time after completing the investment).

- Requirements on meeting conditions for business and operation of specialized road services (if any) in accordance with the law on roads (including conditions on organizational structure; conditions on staff; conditions on infrastructure and specialized equipment; conditions on capital to meet the requirements of business and exploitation of specialized road services at the route).

- Requirements on operation, management, and maintenance of project works.

- Environmental requirements according to the law on environment.

- Requirements on traffic infrastructure connection, technical infrastructure.

- Requirements on ensuring security and safety.

- Requirements on responsibility for coordinating with the road authority in the process of providing specialized road services of the Proposer.

- Other requirements related to the industry and field of the project as well as the specific conditions of the project.

Article 8. Project enterprises

This Article stipulates the contents related to the project enterprise.  In case the charter capital of the project enterprise is lower than the equity capital committed by the Proposer to mobilize, the Parties shall agree on a roadmap to increase the charter capital of the project enterprise in accordance with the project performance progress, business law and other relevant regulations.

Article 9. Responsibilities of the Proposer /project enterprise

The responsibilities of the Proposer /project enterprise that may be specified in the contract include:

- Comply with the commitment to allocate compensation, support and resettlement capital (for projects with site clearance undone) according to the progress in the approved compensation, support and resettlement plan;

- Comply with the commitment to pay the state budget according to the value and time in this contract;

- Arrange capital sources to perform the project on schedule as prescribed in the contract;

- Perform the project according to the planning approved by the competent authority; the law on construction investment; regulations of law during project performance, especially related to land, environment and tax; provisions of law on roads;

- Satisfy the conditions for business and exploitation of specialized road services in accordance with the law on roads;

- Perform other rights and obligations as agreed (if any).

Article 10. Responsibilities of the competent authority

The competent authority's responsibilities that may be specified in the contract include:

- Hand over the project area according to the schedule specified in the contract.

- Support and enable bidders to perform the project, including administrative procedures related to investment, construction and land.

- Perform other rights and obligations as agreed (if any).

Article 11. Payment to the state budget

This Article provides:

After the contract is signed between the competent authority and the successful bidder (or the project enterprise established by the successful Proposer to perform the project), the route management unit where the project is executed, the successful Proposer (or the project enterprise established by the successful Proposer to perform the project) shall coordinate with the local land management agency to submit to the competent People's Committee for decision on land expropriation, decision on approval of compensation, support and resettlement plan according to land law for projects with site clearance undone. According to the agreed progress in the contract, the successful Proposer (or the project enterprise established by the successful Proposer to perform the project) shall pay compensation, support and resettlement (M2) for the project and the value of payment to the state budget in cash (M3) proposed in the bid for the Central State Treasury. No interest is charged on costs of compensation, support and resettlement.

In case the value of compensation, support and resettlement under the approved compensation, support and resettlement plan is lower than the value of M2, the difference will be remitted into the state budget; in case it is higher than the M2 value, the Bidder must make up for the shortfall, the value of the shortfall shall be included in the investment capital of the project.

Article 12. Land rent payable; land lease term

This Article provides:

- The land rent payable by the Proposer is determined, collected and paid in accordance with the land law (according to the policy and land price at the time of issuance of the land lease decision of the competent land authority).

- The land lease term is determined according to the law on land.

Article 13. Land lease to Proposer and handover of construction sites

This Article provides:

- The land lease to Proposer shall be applied according to the procedures for land allocation and land lease specified in Clause 29, Article 1 of Decree No. 148/2020/ND-CP dated December 18, 2020 of the Government on amendments to certain decrees on elaboration of the Land Law amended/substituted documents (if any).

- Progress of handing over construction site.

Article 14. Antiquities discovered in the project area

This Article provides for the discovery of antiquities in the project area, the rights and obligations of the Proposer with respect to these artifacts.  Any fossils, antiquities, structures or other artifacts in the project area of historical or significant value discovered at the construction site shall be the property of the Socialist Republic of Vietnam. The Proposer does not allow their own people or others to damage the discovered artifact.  The Proposer must immediately notify the competent authority of this discovery for settlement in accordance with the law.

Article 15. Construction quality management

This Article prescribes the content; quality standards; rights and obligations of the Parties in managing the quality of works in accordance with the law on construction.

Article 16. Safety assurance and environmental protection

This Article provides:

- Content; environmental and safety standards; the rights and obligations of the Parties in taking measures to ensure safety during project performance and fulfilling requirements on safety and environmental protection in accordance with relevant regulations of the legislation on environmental protection.

- The Proposer prepares an environmental impact assessment report; the preparation, appraisal and approval of environmental impact assessment reports comply with the law on environmental protection.

Article 17. Performance Security

This Article stipulates the value, form and time limit for furnishment of the Performance Security and in case the Proposer does not have the Performance Security returned in accordance with the Law on Procurement and other relevant laws.

Article 18. Amendments and supplements to the Contract

This Article stipulates the following contents:

1. Cases and conditions for amendments to terms and conditions of the project contract.

2. Procedures for amending and supplementing the project contract.

Article 19. Assignment of rights and obligations under the project contract

This Article specifies conditions under which the Proposer is not allowed to transfer rights and obligations under the project contract.

Article 20. Violations, non-compliance with contractual obligations and actions to be taken

This Article stipulates the following contents:

1. Cases of violation, non-compliance with obligations as prescribed in the contract of each Party.

2. Actions to be taken in each case of breach or non-compliance with contractual obligations (for example: remedial measures, suspension of project performance, compensation for damage; premature termination of contract, etc.).

3. Rights and obligations of the Parties in handling cases of violations or non-compliance with contractual obligations.

Article 21. Land expropriation due to violations of the land law

This Article provides for cases of land expropriation due to violations of the law on land according to the Land Law and relevant regulations.

Article 22. Project operation time after completion of investment work, project contract performance time and project contract termination

This Article stipulates the following contents:

1. Time to operate the project after completing the investment.

2. The duration of the project contract and the conditions for extending or shortening the term of the project or project contract according to specific regulations and agreements between the Parties;

3. Cases and conditions for project contract termination as agreed or premature termination;

4. Rights and obligations of each Party upon the termination of the project contract within the agreed time limit;

5. Rights and obligations of each Party in case of premature termination of the agreed time limit; method, payment term, value and method of calculating the value of compensation for damage caused by early termination of each Party;

6. Procedures for contract liquidation in cases of project contract termination mentioned in this Article.

Article 23. Laws governing the project contract relationship and related contracts

This Article stipulates the applicable Law to govern the project contract relationship and the contracts related to the project performance.

Article 24. Dispute settlement

This Article stipulates the dispute settlement mechanism between the Parties to the project contract and disputes between the Proposer, the project enterprise and related parties in accordance with relevant laws.

Article 25. Force majeure events and handling principles

This Article stipulates the following contents:

1. Force majeure events and the principle of determining force majeure events in accordance with the Civil Code and agreements between the Parties.

2. Rights and obligations of each Party when a force majeure event occurs in accordance with the principles specified in the Civil Code.

Article 26. Investment incentives, support and guarantees (if any)

This Article lists investment guarantees and incentives, including:

- Investment incentives in accordance with the investment law and other relevant laws;

- Investment incentives and guarantees specific to the industry, field or locality.

Article 27. Effect of project contract

This Article stipulates the following contents:

1. Time of entry into force and end of project contract;

2. Time, place of signing, number of contract copies and legal value of each copy.

Article 28. Other details

This Article stipulates other details to be agreed upon by the Parties depending on the field, scale, nature and requirements of project performance in accordance with law.

(Example: Regulations on reporting regime, information security and other issues).

IV. Appendices and accompanying documents

Appendices, documents and attached documents shall be agreed upon by the Parties in accordance with the field, scale, nature and requirements of project performance.

FORM NO. 11

THƯ CHẤP THUẬN HỒ SƠ ĐỀ XUẤT VÀ TRAO HỢP ĐỒNG

[Location and date]_______________

To: ______[insert name and address of the successful Proposer, hereinafter referred to as “the Proposer”]

Re: Notification of contract award

Pursuant to Decision No._____ dated _________ [insert number and date of the decision on approval for contract award] of ___ [insert the competent authority’s name], (hereinafter referred to as “the competent authority”], ____ [insert the name of the Employer] (hereinafter referred to as the Employer) herein notifies that the competent authority has accepted the Bid and award the Contract to the Proposer for performing the project ____ [insert the project’s name] , with the cost of ____ [insert total cost; proposed amount to submit to the state budget in the decision on approval for contract award] with contract performance time of ___ [insert contract performance time in the decision on approval for contract award]

Request the legal representative of the Proposer to finalize and enter into a contract with the competent authority, the Employer as follows:

- Time for the Contract completion: _________, in/at __________, enclosed with the Draft Contract.

- Contract signing time: ________in/at_________.

Request the Proposer to furnish a Performance Security as prescribed in form No. 12 Part 2 - Draft Contract and Contract Forms of the Request For Proposals with the amount of _______ and validity period _____________[insert equivalent amount and validity period as specified in ITP Section 13 of the Request for Proposals].

This Notification is an integral part of the Contract. Upon the receipt of this Notification, the Proposer must send us a Notification of acceptance of the Contract completion and carry out the Performance Security as required at the current capacity of the Proposer as specified in the Request for Proposals. The competent authority shall reject to complete and conclude the Contract with the Proposer if the current qualifications of the Proposer fails to satisfy the requirements of the contract.

If by ____ [insert specific date, within 30 days from the date of issue of the written notice of acceptance of bid and contract award], the Proposer fails to negotiate, finalize, sign contract or fail to furnish a Performance Security according to the above requirements, the Proposer will be disqualified and not receive back the Bid Security.

Legal representative of the Road Authority

[full name, position, signature and seal]

FORM NO. 12

PERFORMANCE SECURITY(1)

[Location and date]_______________

To: _____ [insert name of agency competent to sign contract]

(hereinafter calledabbreviated as Contracting Authority)

At the proposal of _____ [insert name of the Proposer], who is the Proposer selected to perform the project _____ [insert project name] (hereinafter referred to as Proposer) and commit to sign a contract to perform the project mentioned above (hereinafter referred to as the Contract); (2)

According to the Request for Proposals (or contract), the Proposer must give a Performance Guarantee issued by a bank with a given amount to ensure the their duties and obligations in the performance of the contract;

We, _____[insert name of the bank], locates in _______[insert name of country or territory], have registered headquarters at _________[the bank’s address(3)] (hereinafter referred to as “Bank”), to undertake to guarantee the performance of the contract by the Contractor with an amount of ________[insert equivalent value in number, in words and currency as specified in ITP Section 12].

We undertake to pay unconditionally, irrevocably to the Contracting Authority an amount or sums of money in the total amount of _____ [insert words] [insert numbers] as mentioned above, when there is a document from the Contracting Authority notifying the Proposer that there is a breach of the Contract within the validity period of the Performance Security.

This guarantee comes into effect from the issue date until ____________[date] (4).

Legal representative of Bank

[full name, position, signature and seal]

Notes:

(1) Only applicable if the performance security is issued by a bank or a financial institution.

(2) If the bank or the credit insitution requires a signed Contract before issuing a bank guarantee, the Road Authority shall report it to the competent authority for consideration. In this case, the corresponding paragraph may be corrected as follows:

In this case, the above paragraph can be revised as follows: “At the request of _____ [insert name of Proposer], who is the successful Proposer of the project _____ [name of project] (hereinafter referred to as Proposer) signed contract number _____ [insert contract number] on_____ month _____ year_____ (hereinafter referred to as Contract).”

(3) Address of bank or credit insitution: specifying address, phone number, fax, email address.

(4) State appropriate time as required in ITP Section 20. 

APPENDIX IV

BIDDING DOCUMENTS
(Issued together with Circular No. 1/2023/TT-BGTVT dated March 7, 2023 of the Ministry of Transport)

BIDDING DOCUMENTS

Project’s name: __________________________

[insert name of project stated in the list of approved projects]

Issued on: ______________________

[insert date of issuing invitation for bids for Bidders]

Issued together with Decision: _______________

[insert number and date of the Decision on approval for the invitation for bids]

TABLE OF CONTENTS

SUMMARY

ABBREVIATIONS

PART 1. BIDDING PROCEDURES

Chapter I. Instructions to Bidders

Chapter II. Bid Data Sheet

Chapter III. Evaluation and Qualification Criteria

Chapter IV. Bidding Forms

PART 2. EMPLOYER’S REQUIREMENTS

PART 3. DRAFT CONTRACT AND CONTRACT FORMS

SUMMARY

1. BIDDING PROCEDURES

Chapter I. Instructions to Bidders

This Chapter provides information to help Bidders prepare their bids.   Information is also provided on the preparation, submission, opening, and evaluation of bids and on the award of Contracts. 

Chapter II. Bid Data Sheet

This Chapter includes provisions that are specific to each procurement and that supplement Chapter I.

Chapter III. Evaluation and Qualification Criteria

This Chapter specifies the criteria to determine the Most Advantageous Bid.

Chapter IV. Bidding Forms

This Chapter includes the forms to be completed and submitted by the Bidder as part of its Bid.

PART 2. EMPLOYER’S REQUIREMENTS

This section provides information about the project and the responsibilities of the preferred Bidder during project implementation so that the Bidders can prepare a bid.

PART 3. DRAFT CONTRACT AND CONTRACT FORMS

This Section includes the draft contract and forms to be submitted as part of the Contract.

ABBREVIATIONS

PART 1. BIDDING PROCEDURES

CHAPTER I. INSTRUCTIONS TO BIDDERS

CHAPTER II. BID DATA SHEET

CHAPTER III. EVALUATION AND QUALIFICATION CRITERIA

Section 1. Inspecting and evaluating the validity of Technical Proposal

1.1. Inspecting the Technical Proposal:

a) Inspect the quantity of photocopies of the Technical Proposal;

b) Inspect the composition of the Technical Proposal, including: Bid Submission Form of Technical Proposal, joint venture agreement (if any), power of attorney to sign the Bid Submission Form (if any); Bid Security; documents proving the Bidder’s qualifications; technical proposal; and other documents of the Bid as prescribed in ITB Section 13;

c) Inspect the consistency between the original copy and photocopies to serve the thorough evaluation of the Technical Proposal.

1.2. Evaluating the validity of the Technical Proposal :

A Technical Proposal is considered valid when all of the conditions below are satisfied:

a) There is an original copy of Technical Proposal;

b) There is a Letter of Technical Bid bearing the signature and seal (if any) by of the legal representative of the Bidder. Regarding JV Parties, Letter of Bid shall bear the signature and seal (if any) of the legal representative of every JV Party or the head of the leading JV's Party authorized to sign the Letter of Bid according to the regarding JV agreement (if any).

c) The validity period of the Technical Proposal satisfies requirements as prescribed in ITB Section 18;

d) There is a Bid Security of which value and validity period comply with ITB Section 17.3. If the Bid Security is paid in the form of Bank Guarantee, the Bank Guaranteeshall be signed by the legal representative of the credit institution or the branch of foreign bank with the value, validity period and name of the Employer (the beneficiary) as prescribed in ITB Section 17.3;

dd) The Bidder shall not have its name included in multiple Technical Proposals as a primary Bidder (an independent Bidder or a joint venture member) for the same project;

e) In case of JV Parties, it requires a JV agreement with signatures and seals (if any) of the representatives of JV Parties and the JV agreement shall clarify common and private responsibilities of every JV Party using form 03 Chapter IV - Bidding Forms;

g) The Bidder’s status is valid as prescribed in ITB Section 3.

The Technical Proposal is considered valid when all of the conditions are considered “responsive”. The Technical Proposal is considered invalid if any of the conditions is considered “non-responsive”, and whereupon, the Technical Proposal is disqualified.

Any Bidder having valid Technical Proposal shall be considered further.

Section 2. Qualification evaluation:

2.1. Method of evaluation

a) According to scope and nature of the project, apply either one of the following methods:

-  Scoring method.

- Pass-fail system.

- Combined evaluation of pass-fail system and scoring method.

b) In case of using the scoring method, the minimum score to be assessed as satisfying the requirements must not be lower than 80% of the total score of qualifications and experience and the score of each basic criterion must not be lower than 70% of the criterion’s maximum score.

2.2. Evaluation Criteria

The evaluation of qualifications and experience of the Bidder is done according to the Table 1 below:

TABLE 1: QUALIFICATION EVALUATION CRITERIA

Notes:

(1) Based on the size, nature and field of the project, other financial indicators can be adjusted or added such as: net asset value, revenue, profit,...

In case the Bidder is a newly established organization in the year, the Bidder's financial situation is assessed on the basis of the financial statements audited by an independent auditor from the time of establishment to the deadline for submitting project registration documents is up to 28 days.

(2) The Bidder's equity is determined on the basis of the Bidder's financial data updated within a maximum period of 28 days before the deadline for submitting the application for registration of project performance and commitment to raise equity capital of the Bidder.

The Bidder must declare information, provide documents on financial situation according to Form No. 06 and provide a commitment on raising equity according to Form No. 07 in Chapter IV - Bidding Form.

Bidder's remaining equity = Total equity - Litigation-related expenses - Committed equity for ongoing projects and other long-term investments (if any) - Equity to be retained in accordance with regulations (Equity used exclusively for allocation or required by law as to the Bidder; Equity to be retained according to special provision requirements for as the case may be; Other equity committed to be refunded and not used for dividend claims, etc.).

Section 3. Technical evaluation

3.1. Method of evaluation

Use the scale of 100 or 1,000 scoring system to develop technical evaluation criteria, in which the minimum and maximum points must be specified for each general and detailed criterion.  When formulating technical evaluation criteria, a minimum score must be specified to be assessed as meeting the requirements but must not be lower than 70% of the total technical score and each item required on the project performance plan and method; the plan on organization of operation, management and provision of specialized road services shall not be lower than 60% of the maximum score of that item, depending on the scale and nature of each specific project.

3.2. Technical evaluation criteria

Based on the scale, nature and field of the project, the Employer shall specify the technical evaluation criteria.  The Employer requires the Bidder to explain the project performance plan and method; explain the method of organizing the operation, management and provision of specialized road services to assess the suitability and feasibility of the Bidder's proposal for the following contents:

TABLE 2. TECHNICAL EVALUATION CRITERIA

In addition to the above-mentioned criteria, in the process of developing technical evaluation criteria, the Employer may adjust and supplement other technical criteria suitable to the nature, field and characteristics of the specific project.

Section 4. Inspecting and evaluating the validity of the Financial Proposal

4.1. Inspecting the Financial Proposal:

a) Inspect quantity of photocopies of Financial Proposal;

b) Inspect composition of the original copy of Financial Proposal, including: Letter of Bid of Financial Proposal, and other documents of Financial Proposal as prescribed in ITB Section 15;

c) Inspect the uniformity of contents between original copy and photocopies to serve the detailed evaluation of Financial Proposal.

4.2. Evaluating the validity of the Financial Proposal:

A Financial Proposal is considered valid when all of the conditions below are satisfied:

a) There is any original copy of Financial Proposal;

b) There is a Letter of Bid of Financial Proposal bearing the signature and seal (if any) by of the legal representative of the Bidder. Regarding JV Parties, Letter of Bid shall bear the signature and seal (if any) of the legal representative of every JV Party or the head of the leading JV's Party authorized to sign the Letter of Bid according to the regarding JV agreement (if any);

c) The section of payment to the state budget stated in the Letter of Bid must be specific, fixed in numbers and words, not suggesting different values for the same item or be accompanied by conditions that are unfavorable to the competent authorities, the Employer;

d) The validity period of Financial Proposal satisfies requirements as prescribed in ITB Section 18.

The Financial Proposal is considered valid when all of the conditions are considered “responsive”. The Financial Proposal is considered invalid if any of the conditions is considered “non-responsive”, and whereupon, the Financial Proposal is disqualified.

The Bidder having valid Financial Proposal shall have the detailed financial-commercial proposal evaluated further.

Section 5. Financial-commercial evaluation

The Bidder with a proposal that the highest value of total project performance cost (M1) is not lower than m1 (M1 ≥ m1); the compensation, support and resettlement value (M2) is not lower than m2 (M2 ≥ m2) for projects with site clearance undone; value (m2)=m2 for projects the land of which has been reclaimed by the government and has been cleared of any disputes or legal issues; unconditional contribution to the state budget in cash in addition to the Bidder's obligations to the state budget as prescribed by applicable law (M3) is ranked first and considered contract award. Where:

5.1. m1 is the preliminary total project performance cost as prescribed in Section 1.2 of the BDS.

5.2. m2 is the preliminary cost of compensation, support and resettlement of the land area to be supported and resettled for the project specified in Section 1.2 of the BDS.

5.3. m3 is the floor price paid to the state budget as prescribed in Section 1.2 of the BDS.

5.4. M1 is the total project performance cost (excluding the cost of compensation, support, resettlement, and land rent) proposed by the Bidder in the Bid. The project performance plan is developed by the Bidder on the basis of conformity with the project performance requirements in Part 2 of the Bidding Documents.

5.5. M2 is the value of compensation, support and resettlement for the project proposed by the Bidder in the Bid based on the content of m2 determined in the Bid.

5.6. M3 is the unconditional contribution to the state budget in cash in addition to the Bidder's obligations to the state budget in accordance with applicable law.

5.7. In case the Bidder proposes the highest value of M3 in the Bid, but the total project performance cost proposed (M1) is lower than m1, the Employer shall report to the competent authority to consider according to Clause 12, Article 80 of Decree No. 25/2020/ND-CP.

During the project performance, the successful Bidder is responsible for strictly following the proposed plan, ensuring that the project performance requirements are met.  Project performance costs are determined on the basis of actual implementation process but must ensure compliance with relevant legal regulations and meet project performance requirements. 

CHAPTER IV. BIDDING FORMS

A. Letter of Bid of Technical Proposal

1. Form No. 01: Letter of Bid of Technical Proposal

2. Form No. 02: Power of Attorney

3. Form No. 03: Joint Venture Agreement

4. Form No. 04: Bidder information

5. Form No. 05: Project partners

6. Form No. 06: Financial situation of the Bidder

7. Form No. 07: Commitment to provide financial and credit for the Bidder

8. Form No. 08: The Bidder's experience in trading and exploiting specialized road services

9. Form No. 09: Technical Proposal

10. Form No. 10: Bid Security

B. Letter of Bid of Financial Proposal

1. Form No. 11: Letter of Bid of Financial Proposal

2. Form No. 12: Summary of project performance costs and costs of compensation, support and resettlement for project with site clearance undone

FORM No. 01

LETTER OF BID (1)

 (in Technical Proposal)

[Location and date]_______________

To: _______ [insert Employer’s name]

After taking account of the Bidding Documents of the project ____ [insert project’s name] issued by ________ [insert the Employer’s name] (hereinafter referred to as the Employer) on ____ (date) and revisions thereof number ____[insert the number of the revisions (if any)], we, ____[insert the Bidder’s name], submit the technical proposal in accordance with the mentioned project. This technical proposal was submitted with no conditions and constraints attached.

We are ready to provide the Employer with any other necessary additional information or clarification at the request of the Employer.

We hereby declare that(2):

1. Only submit one technical proposal as an independent bidder, a JV Party.

2. We are not undergoing dissolution process, are not thrown into bankruptcy, and do not incur bad debts as prescribed by law.

3. We do not commit violations against regulations on assurance of competitiveness in bidding.

4. We are not involved in corrupt, fraudulent or conclusive practice and other violations against procurement law.

5. The information declared in the technical proposal is accurate and truthful.

6. We agree and declare to bear all related responsibilities for all obligations of the Bidder during the bidding process.

This technical proposal is valid for the period of ____ [insert number of days](3) from the date of ____ month ____ year ____ [insert deadlien for submission of bids](4).

Legal representative of the Bidder (5)

[Full name, position, signature and seal (if any)(6)]

Notes:

(1) The Bidder should fully and accurately note the information about the names of the Employer, the Bidder, and the validity period of the Technical Proposal.

(2) If it is found that the Bidder violates these commitments, the Bidder shall be deemed to have committed fraud and the bid will be disqualified; besides, the Bidder shall incur penalties according to regulations.

(3) The validity period of the Bid begins from the the deadline for bid submission to its expiration date as prescribed in the Bidding Documents. The period of time from the deadline time for the submission of bids to 24:00 of the deadline date is considered 01 day.

(4) Insert the dealine date as prescribed in Section 21.1 of the BDS.

(5) For independent Bidder, the Letter of Bid must be signed and stamped (if any) by the Bidder’s legal representative. Regarding JV Parties, Letter of Bid shall bear the signature and seal (if any) of the legal representative of every JV Party or the head of the leading JV's Party authorized to sign the Letter of Bid according to the regarding JV agreement (if any).

The legal representative of the Bidder/JV Party is determined in accordance with Section 11 of the ITB.

(6) If a foreign bidder has no seal, there must be a certification issued by a competent agency that the signature in the Letter of Bid and any other documents of the Bid belongs to its legal representative.

FORM NO. 02

POWER OF ATTORNEY

[Location and date]_______________

I am __________[insert name, ID/passport number, position of bidder’s legal representative], the legal representative of _______ [insert name of bidder] at _____________ [insert address of bidder] hereby authorizes _____________ [insert name, ID/passport number, position of authorized person] to perform the following tasks during the participation in the process of bidding for ____________ [insert name of the project] held by ____________ [insert name of the Employer]:

   [The scope of authorization includes one or more of the following tasks:

- Sign the Letter of Bid;

- Sign documents with the the Employer during the bidding process, including the request for Clarification of Bidding Documents and Bids;

- Sign petitions in bidder selection (if any);

- Perform other tasks: _______________ [specify other tasks (if any)].

The authorized person only perfoms the tasks within the area of competence of a legal representative of __________ [insert name of bidder]. ____________ [insert name of bidder’s legal representative] is totally responsible for the tasks performed by ___________ [insert name of authorized person] within the authorization scope.

The Power of Attorney is effective from __________ [date] to _________ [date](1) and is made into _______ copies with equal value.  _____ copies are kept by the authorizer, and _______ copies are kept by the authorized person. One (01) original of the technical proposal is attached.

Notes:

(1) Insert the effective date and and expriration date of the Power of Attorney in conformity with the bidding process.

(2), (3) The authorized person may use the seal of the Bidder or their seal.

FORM NO. 03

JOINT VENTURE AGREEMENT

[Location and date]_______________

Representatives of signatories to the joint venture agreement include:

Name of JV’s Party ____[insert name of each JV’s Party]

- Country where the operation is registered:

- TIN:

- Address:

- Phone number:

- Fax:

- Email:

- Legal representative:

- Position:

Power of Attorney No._____ dated _______[in case of authorization].

The JV’s Parties have reached a consensus on entering into a joint venture agreement with the following contents:

Article 1. General rules

1. Parties voluntarily establish this JV to participate in the process of bidding for __________ _______________ [insert name of project].

2. Official name of the JV used in every transaction related to the project: ______________ [insert the agreed name of the JV].

Transaction address of the JV:

Phone number:

Fax:

Email:

Representative of the JV:

3. Every member is committed not to unilaterally participate or establish a joint venture with another member to participate in this project.

Article 2. Assignment of duties

The members agreed to assign responsibilities to perform the tasks in the bidding process to select bidders for the project as follows:

1. The Parties agree to assign _____ [insert name of a JV Party] is the leading Party of the JV, representing the JV to perform the following tasks (can be revised according to the agreement of the Parties):

[The leading Party may represent the JV to perform one or more of the following tasks:

- Sign the Letter of Bid;

- Sign documents with the the Employer during the bidding process, including the request for Clarification of Bidding Documents and Bids;

- Sign petitions in bidder selection (if any);

- Perform other tasks except for contract conclusion: _______________ [specify other tasks (if any)].

2. Roles and responsibilities of JV Parties (1) [specify roles and responsibilities of each JV Party and state the percentage of owner's equity in the JV]:

Article 3. Effect of Joint Venture Agreement

1. The Joint Venture Agreement takes effect from the day on which it is signed.

2. The Joint Venture Agreement expires in the following cases:

- The Parties mutually agree to terminate;

- There is a change in JV Parties. In this case, if the change of a JV Party is approved by the Employer, the Parties must establish a new JV agreement;

- The JV is not awarded the contract;

- The Bidder selection of the project cancels according to the notice of the Employer.

- All parties have fulfilled their duties and finalize the contract;

This JV Agreement is made into _____ original(s), each JV Party keeps ___ copies, enclosed with 01 original of the bid. The copies have the same legal validity.

Legal representative of each JV Party (2)

 [insert name of legal representative of each Party, position, signature and seal (if any)(3)]

Notes:

(1) The Bidder must list the participating role and equity contribution ratio of each JV Party.

(2) The legal representative of eachJV Party is determined in accordance with Section 11 Chapter I of this Bidder Document.

(3) In case a JV Party is a foreign bidder without a seal, a competent organization's certification must be provided that the signature in the JV agreement is that of the Party’s legal representative.

FORM NO. 04

BIDDER INFORMATION

[Location and date]_______________

1. Bidder/JV Party name:

2. Country where the Bidder's operation is registered:

3. Year of establishment:

4. Legal address of the Bidder in the country of registration:

5. Information about the legal representative of the Bidder:

- Name:

- Address:

- Phone number/Fax:

- Email address:

6. Organizational chart of the Bidder.

Legal representative of the Bidder

[Full name, position, signature and seal (if any)]

Notes:

(1) Regarding JV, each JV' Party shall declare information using this Form.

(2) The Bidder needs to submit copies of original documents of: Certificate of Enterprise registration, Establishment Decision or equivalent documents issued by competent agencies of the country in which the Bidder is operating.

FORM NO. 05

PROJECT PARTNERS (1)

Legal representative of the Bidder

[Full name, position, signature and seal (if any)]

Notes:

(1) In case other partners are involved, the declaration shall be made according to this Form.

(2) The Bidder shall specify the names of the partners participating in the project performance.  In case names of partners are not determined, this column may be left blank and only the column “Role” is filled. After that, if the bid is won, when mobilizing partners to perform the declared work, the Employer must be notified.

(3) The Bidder clearly records the participating role of each partner.

(4) The Bidder shall specify the contract number or written agreement, enclosed with certified copies of such documents.

FORM NO. 06

FINANCIAL SITUATION OF THE BIDDER (1)

1. Bidder/JV Party name:

2. Information on financial situation of the Bidder/JV Party:

a) Summary of financial data(2):

b) Attachment(3)

Attached are documents proving the Bidder's financial data updated within a maximum period of 28 days before the deadline for submission of bids:

- A copy of the audited financial statements for a period of 28 days prior to the deadline for submission of bids (the Bidder can use the annual financial statements, the interim financial statements, the statement of owner’s equity).

The statements provided by the Bidder must ensure compliance with the laws on finance and accounting, and reflect the financial situation of the Bidder or JV’s Party, and not an affiliated entity (such as parent company or subsidiary company or associate company or JV’s Party).

- In case the period of 28 days before the deadline for submission of bids does not coincide with the financial statement period or the Bidder does not have audited financial statements during this time, the Bidder must provide the latest audited financial statement.

Besides, the Bidder must declare and provide documents proving the change in financial data from the time of the audit report to the time of bidding (e.g. documents proving the equity increase). The Bidder must be responsible for the information declared in the Bid.  In case the declared information is found to be incorrect and falsify the evaluation results, the Bidder shall be considered fraudulent according to Point c, Clause 4, Article 89 of the Law on Procurement and shall face penalties according to ITB Section 41.

- In case the Bidder is a newly established organization in the year, the Bidder must submit a financial statement audited by an independent audit unit up to 28 days from the time of establishment until the deadline for submission of bids.

Legal representative of the Bidder

[Full name, position, signature and seal (if any)]

Notes:

(1) Regarding JV, each JV' Party shall declare information using this Form.

(2) Based on the evaluation criteria, the Employer shall add appropriate information.

(3) Based on the evaluation criteria, the Employer may add documents that the Bidder must submit to prove their financial situation (for example: tax finalization inspection report, self-declaration tax form; documents proving that the Bidder has made electronic tax declaration and finalization; written certification of tax authorities;...).

FORM NO. 07

COMMITMENT TO PROVIDE FINANCE AND CREDIT FOR THE BIDDER

[Location and date]_______________

1. I am _____ [insert name], ______ [insert position], the legal representative of _____ [insert name of Bidder/name of JV], acknowledges and declares that the information provided in this document is true and correct and that the accompanying documents are exact copies of the originals.

2. The following financial and credit sources have been committed and will be mobilized to perform the project:

3. Attached documents:

- A written commitment to provide finance from a bank or credit institution, enclosed with documents proving the authority of the signatory.

- A written commitment to ensure sufficient equity for the project of the representative of the owner, the owner or the parent company, enclosed with documents proving the authority to sign the commitment.

- Relevant documents.

Legal representative of the Bidder

[Full name, position, signature and seal (if any)]

Notes:

(1) Insert the amount in numbers and words in the bid currency.

FORM NO. 08

THE BIDDER'S EXPERIENCE IN TRADING AND EXPLOITING SPECIALIZED ROAD SERVICES

[Location and date]_______________

[Bidders list their experience in trading or exploiting specialized road services under the mentioned project as required]

1. Road service business experience:

The Bidder shall declare his/her experience in road service business through the service business license granted to the Bidder by a competent authority, including the following:

a) Number and date of issuance of the service business license;

b) Name and address of the road service provider.

c) National highways and expressways where the service is provided.

d) The field of road services provided.

dd) Scope of service.

2. Experience in exploiting specialized road services:

The Bidder shall declare his/her experience in exploiting specialized road services, including the following:

a) Name and address of the enterprise providing specialized road services.

c) National highways and expressways where specialized road services are operated.

d) The field of specialized road services.

dd) Scope of operation of specialized road services.

e) Number of years of operating specialized road services.

Legal representative of the Bidder

[Full name, position, signature and seal (if any)]

Notes:

- Information required in this Form may be adjusted and supplemented to suit the requirements of the Bidder's qualifications and experience.

- The Bidder must provide documents proving the declared information such as notarized copies, certification of the competent authority/representative of the competent authority... 

FORM NO. 09

TECHNICAL PROPOSAL

Based on the scale, nature and field of the project and the evaluation criteria of the Technical Proposal, the Employer shall request the Bidder to prepare the technical proposal forms and the attached explanatory documents (if any) as a basis for evaluating the Technical Proposal, including the following contents:

1. Proposal for the plan and method of performing the project:

- Demonstrating the understanding of the actual existing condition; output growth forecast; the project's objectives according to the approved plan.

- Project scale, design plan.

- Technical and technological plan of the project.

- Project performance plan, progress, construction time.

- Plans to reduce environmental impact.

- As for projects with site clearance undone, the Bidder must have a plan to coordinate with the road authority where the project is executed to work with the competent People's Committee to complete the site clearance and for the competent People's Committee complete land procedures as prescribed.

- Plan to connect traffic infrastructure, technical infrastructure (water drainage, environment) of the project with the general infrastructure of the national highway and expressway; make clear architectural plans and drawings of the general plan at the scale of 1/500, meeting the requirements of the Bidding Documents within the project boundaries with the Bidder's funds.

- Plans on fire safety; safe security; solutions, measures and equipment for fire safety; organizing the apparatus to manage the fire safety system according to regulations (for works with requirements on fire safety).

- Time to operate the project after completing the investment.

2. Proposal for the plan to operate, manage and provide specialized road services:

- Plan to meet the conditions for business and operation of road services (if any) in accordance with the provisions of the law on roads (including conditions on organizational apparatus; team staff; specialized infrastructure and equipment; capital requirements to meet business and road service requirements at the route, and documents, and contracts to prove that they meet those conditions).

- Plan on organization, operation, management and provision of specialized road services to meet the objectives, strategies, master plans and plans for the development of national highways and expressways.

- Plan on coordination with the road authority in the process of providing road services of the Bidder, ensuring security and safety.

- Monitoring plan to ensure stable, continuous and quality road services.

FORM NO. 10

BID SECURITY(1)

Beneficiary: ___[insert name and address of the Employer]

Date of issue: ________[insert date of issue]

BID SECURITY No. ___[insert number of the Bid Security]

Guarantor: ___[insert name and address of issuing bank, if it is not written in the title]

We have been informed that __________________________ [name of the Bidder] (hereinafter called "the Applicant") has submitted to participate in the bid for the execution of _____[name of project] under Invitation to Bid No. [number of the Invitation to Bid on the System].

We hereby act as a guarantee for the Bidder to participate in the bid for this project with an amount of _________[amount in figures, in words and currency].

This Bid Security takes effect within ____(2) days, from __________[date] (3).

At the request of the Applicant, we, as the Guarantor, hereby undertake to pay you any sum or sums not exceeding in total an amount of ___________ [amount in figures] (____________) [amount in words] upon receipt by us of your first demand in writing accompanied by a written statement stating that the Applicant is in breach of its obligation(s), because the Applicant:

1. has withdrawn its Bid after the the deadline for submission of Bids (Technical Proposal, Financial Proposal) and during the period of bid validity;

2. has violated law on bidding leading bid cancellation as prescribed in Point d of ITB Section 35.1of the Bidding Documents;

3.  fails to furnish the Perfomance Security as prescribed in ITB Section 39.1 of the Bidding Documents;

4. fails or refuses to finalize and sign the contract, within a period as mentioned in the notification of contract award sent by the Employer except for force majeure cases.

If any JV Party violates law on bidding leading its Bid Security is not returned as prescribed in ITB Section 17.6, and the Bid Security of all JV Parties shall not be returned(5).

If the Applicant has option: this Guarantee shall expire when the Bidder conclude the contract and furnish the Performance Security to the beneficiary as agreed.

If the Applicant has no option: this Guarantee shall expire when the Applicant receives the photocopy of notification of bidder selection result sent by the beneficiary; within 30 days after the expiration date of the Bid.

Consequently, any demand for payment under this guarantee must be received by us at the office on or before that date.

Legal representative of Bank

[full name, position, signature and seal]

Notes:

(1) Applicable to Bid Security in the form of Bid Guarantee issued by a credit institution or a branch of foreign bank legally operating under Vietnamese law.

(2) Insert as prescribed in Section 17.3 of the BDS.

(3) Insert the dealine date as prescribed in Section 21.1 of the BDS.

(4) If the letter of guarantee is missing one of the violations, it will be considered as an unfavorable condition for the Employer according to Section 17.4 of the ITB.

(5) Applicable to JV.

FORM NO. 11

LETTER OF BID

 (Under the Financial Proposal)

 [Location and date]_______________

To: _______ [insert Employer’s name]

After taking account of the Bidding Documents of the project ____ [insert project’s name] issued by ________ [insert the Employer’s name] on ____ (date) and revisions thereof number ____[insert the number of the revisions (if any)], we, ____[insert the Bidder’s name], declare to perform the mentioned project in accordance with the Bidding Documents. Along with the Technical Proposal, we would like to enclose this application with a financial - commercial proposal with the following:

- The proposed value of payment to the state budget (in addition to the Bidder's obligations towards the state budget in accordance with applicable law): ___ [insert amount in numbers and words];

- Form and method of budget payment according to the Bidding Documents:

- Total project performance cost (excluding compensation, support, resettlement, land rent): ___ [insert amount in numbers and words];

- Value of compensation, support and resettlement (for projects with site clearance undone): ___ [insert amount in numbers and words].

This financial-commercial proposal takes effect within ____ (2) days, from __________[date] (3).

Legal representative of the Bidder (4)

[Full name, position, signature and seal (if any)(5)]

Notes:

(1) The amount in the Letter of Bid must be specific, fixed in numbers and words and must be suitable, the form and method of invitation for bids must be consistent with the Grand Summary of project performance costs and compensation, support, resettlement, without different proposals or cause any disadvatage condition to the competent authority, the Employer.

(2) Insert number of validity days as prescribed in Section 21.1 of the BDS. Effective period of the Financial Proposal is from the the deadline for submission of bids to its expiration date as prescribed in the Bidding Documents. The period of time from the deadline time for the submission of bids to 24:00 of the deadline date is considered 01 day.

(3) Insert the dealine date as prescribed in Section 21.1 of the BDS.

(4) For independent Bidder, the Letter of Bid must be signed and stamped (if any) by the Bidder’s legal representative. Regarding JV Parties, Letter of Bid shall bear the signature and seal (if any) of the legal representative of every JV Party or the head of the leading JV's Party authorized to sign the Letter of Bid according to the regarding JV agreement (if any).

The legal representative of the Bidder/JV Party is determined in accordance with Section 11 of the ITB.

(5) If a foreign bidder has no seal, there must be a certification issued by a competent agency that the signature in the Letter of Bid and any other documents of the Bid belongs to its legal representative.

FORM NO. 12

GRAND SUMMARY OF PROJECT PERFORMANCE COST AND COSTS OF COMPENSATION, SUPPORT, RESETTLEMENT

The Bidder needs to submit a grand summary of project performance costs and costs of compensation, support and resettlement as determined in Clauses 1 and 2, Article 16 of this Circular in both printed and electronic copies (in excel file format or at the request of the Employer) according to the following requirements:

- Built on Microsoft Excel 2000 application (updated) or other application;

- Present the amount in millions with 2 decimal places;

- No pages or cells are hidden or protected by codes;

- Separation needs to be properly figured out so that they can be easily followed on the screen or on the page;

- Cells containing fixed numbers should be highlighted in yellow. 

PART 2. EMPLOYER’S REQUIREMENTS

In this Part, the Employer shall specify information about the project and requirements on the Bidder's responsibilities in project performance, financial obligations as well as other related responsibilities:

I. Information about the project

The Employer shall update the project-related contents for the Bidder to prepare the bid, including:

- Project’s name.

- Investment objectives.

- Investment scale.

- Location of the project.

- Summary of the basic requirements of the project.

- Investment term and progress.

- Time to operate the project after completing the investment.

- Preliminary total project performance costs (excluding costs of compensation, support, resettlement, land rent).

- Preliminary cost of compensation, support and resettlement.

- Land plot area.

- Actual existing condition of the land plot.

- The approved planning criteria.

- Other details (if any).

II. Requirements on project performance and exploitation

- Requirements on project performance and exploitation in accordance with the approved planning; requirements to ensure the quality of works according to the law on construction investment and other relevant regulations.

- Technical requirements to ensure the satisfaction of investment objectives; investment scale.

- Requirements on allocating sufficient capital to perform the project.

- Requirements on the project performance schedule (including the construction time and the project exploitation time after completing the investment).

- Requirements on meeting conditions for business and operation of specialized road services (if any) in accordance with the law on roads (including conditions on organizational structure; conditions on staff; conditions on infrastructure and specialized equipment; conditions on capital to meet the requirements of business and exploitation of specialized road services at the route).

- Requirements on operation, management, and maintenance of project works.

- Environmental requirements according to the law on environment.

- Requirements on traffic infrastructure connection, technical infrastructure.

- Requirements on ensuring security and safety.

- Requirements on responsibility for coordinating with the road authority in the process of providing specialized road services of the Bidder.

- Other requirements related to the industry and field of the project as well as the specific conditions of the project.

III. Financial obligation requirements

1. Payment to State budget

After signing the contract, the Employer and the Bidder shall coordinate with the local land management agency to submit it to the competent People's Committee for decision on land recovery and approval of the compensation, support and resettlement plan according to the law on land for projects with site clearance undone. The Bidder pays the compensation, support and resettlement value (M2) for the project and the value of state budget payment (M3) proposed in the bid to the Central State Treasury. No interest is charged on costs of compensation, support and resettlement.

In case the value of compensation, support and resettlement under the approved compensation, support and resettlement plan is lower than the value of M2, the difference will be remitted into the state budget; in case it is higher than the M2 value, the Bidder must make up for the shortfall, the value of the shortfall shall be included in the investment capital of the project.

The Bidder shall have the costs of compensation, support and resettlement deducted according to the approved plan from the land rent, but not exceeding the amount the Bidder is obliged to pay in accordance with the law on land.

2. Allocating capital for project performance

After being leased land, the Bidder is responsible for allocating sufficient capital to perform the project in accordance with the Enterprise Law and relevant laws; and also pay land rents according to the value and time determined in the land lease contract.

Actions against violations of the land law (including failure to fulfill obligations to the State and delay in project performance) shall comply with the Land Law and relevant regulations.

Where necessary, the Employer shall issue together with the Bidding Documents relevant documents (on the planning, the current state of the land area, etc.) so that the Bidder has sufficient information for research and proposal for implementation plan.

PART 3. DRAFT CONTRACT AND CONTRACT FORMS

On the basis of the basic contents of the project contract as guided below, based on the nature, scale and field of each specific project, the competent authority, the Employer shall develop a draft contract and attach it in the Bidding Documents.  The draft contract includes provisions to serve as a basis for the Parties to negotiate, finalize, sign and perform the contract, ensuring a clear division of responsibilities, risks, legal rights and interests of the Parties to enter into a contract in accordance with applicable law.

I. GROUNDS FOR SIGNING PROJECT CONTRACT

List the legal documents as the grounds for signing the project contract, including:

- Laws, Decrees and guiding Circulars related to project performance;

- Resolutions or decisions on approval for relevant plannings in accordance with the law on planning, national and local socio-economic development plans related to the project;

- Decisions and documents of competent agencies;

- Other relevant legal documents.

II. PARTIES TO PROJECT CONTRACT

Declare information of the Parties to the project contract, including:

a) Competent authority.

- Name of the ompetent authority;

- Address:

- Phone number and Fax number:

- Name and position of the representative;

- Written authorization to sign and perform the project contract (if any).

b) The Bidder

- Business name (Vietnamese, English name and initials, if any);

- Address:

- Phone number and Fax number:

- Information about the Certificate of Business Registration or the Certificate of Investment Registration (number, date of issue, place of issue, issuer) (in case the Bidder is a Vietnamese enterprise or foreign-invested enterprise established in Vietnam);

- Name and position of the representative.

(In case a Party is a foreign bidder, insert the Bidder's name, nationality, certification documents; establishment license number, business registration certificate number or equivalent document number) equivalent, if any; address, phone number, fax, full name, position of the authorized representative).

c) Project enterprise (applicable in case the Bidder and the project enterprise form a party to sign a project contract with the competent authority)

- Business name (Vietnamese, English name and initials, if any);

- Address:

- Phone number and Fax number:

- Information on the Certificate of Business Registration (Number, date of issue, place of issue, issuer);

- Name and position of the representative.

III. CONTENTS OF PROJECT CONTRACT

Article 1. Purpose of the project contract

Agreement between the competent authority and the Bidder, the project enterprise on the rights and obligations of each Party in implementing the project contract, this Circular and other legal documents other relevant.

Article 2. Interpretation of terms

In this Article, definitions and abbreviations (if any) of the concepts used in the project contract are provided in accordance with applicable law and the specific context of the project contract.

Article 3. Contract documents and order of priority

This Article stipulates the documents in the contract documents and the order of priority which applies to documents in the contract, including:

1. Contract Agreement;

2. Contract addenda (if any);

3. Note of Contract Negotiation;

4. Decision on approval for Bidder selection result;

5. Written agreement of the Parties on the conditions of the contract;

6. The Bid and addenda thereof of the successful Bidder;

7. Bidding documents and amending documents thereof (if any);

8. Relevant documents.

Article 4. Language

This Article stipulates the language used for the contract: The language used for the contract is Vietnamese in case the successful bidder is a domestic bidder.  In case the contract involves the participation of a foreign bidder, the language used is Vietnamese and another language agreed upon by the Parties. When a contract is signed in two languages, the Parties must agree on the language used in the contract transaction process and the order of priority to use language to settle contract disputes.

Article 5. Objectives, scope and scale of the project

This Article stipulates the project's objectives (main work items...); location, area and function of the land area; project scale; administrative boundaries of the land area for project performance; total project cost.

Article 6. Project performance location and land lease area

This Article stipulates the location of the project, the expected land lease area of the project work and related works (if any).

Article 7. Requirements on project performance and exploitation

This Article states:

- Requirements on project performance and exploitation in accordance with the approved planning; requirements to ensure the quality of works according to the law on construction investment and other relevant regulations.

- Technical requirements to ensure the satisfaction of investment objectives; investment scale.

- Requirements on allocating sufficient capital to perform the project.

- Requirements on the project performance schedule (including the construction time and the project exploitation time after completing the investment).

- Requirements on meeting conditions for business and operation of specialized road services (if any) in accordance with the law on roads (including conditions on organizational structure; conditions on staff; conditions on infrastructure and specialized equipment; conditions on capital to meet the requirements of business and exploitation of specialized road services at the route).

- Requirements on operation, management, and maintenance of project works.

- Environmental requirements according to the law on environment.

- Requirements on traffic infrastructure connection, technical infrastructure.

- Requirements on ensuring security and safety.

- Requirements on responsibility for coordinating with the road authority in the process of providing specialized road services of the Bidder.

- Other requirements related to the industry and field of the project as well as the specific conditions of the project.

Article 8. Project enterprises

This Article stipulates the contents related to the project enterprise.  In case the charter capital of the project enterprise is lower than the equity capital committed by the Bidder to mobilize, the Parties shall agree on a roadmap to increase the charter capital of the project enterprise in accordance with the project performance progress, business law and other relevant regulations.

Article 9. Responsibilities of the Bidder/project enterprise

The responsibilities of the Bidder/project enterprise that may be specified in the contract include:

- Comply with the commitment to allocate compensation, support and resettlement capital (for projects with site clearance undone) according to the progress in the approved compensation, support and resettlement plan;

- Comply with the commitment to pay the state budget according to the value and time in this contract;

- Arrange capital sources to perform the project on schedule as prescribed in the contract;

- Perform the project according to the planning approved by the competent authority; the law on construction investment; regulations of law during project performance, especially related to land, environment and tax; provisions of law on roads;

- Satisfy the conditions for business and exploitation of specialized road services in accordance with the law on roads;

- Perform other rights and obligations as agreed (if any).

Article 10. Responsibilities of the competent authority

The competent authority's responsibilities that may be specified in the contract include:

- Hand over the project area according to the schedule specified in the contract.

- Support and enable bidders to perform the project, including administrative procedures related to investment, construction and land.

- Perform other rights and obligations as agreed (if any).

Article 11. Payment to the state budget

This Article provides:

After the contract is signed between the competent authority and the successful bidder (or the project enterprise established by the successful bidder to perform the project), the route management unit where the project is executed, the successful bidder (or the project enterprise established by the successful bidder to perform the project) shall coordinate with the local land management agency to submit to the competent People's Committee for decision on land c, decision on approval of compensation, support and resettlement plan according to land law for projects with site clearance undone. According to the agreed progress in the contract, the successful bidder (or the project enterprise established by the successful bidder to perform the project) shall pay compensation, support and resettlement (M2) for the project and the value of payment to the state budget in cash (M3) proposed in the bid for the Central State Treasury. No interest is charged on costs of compensation, support and resettlement.

In case the value of compensation, support and resettlement under the approved compensation, support and resettlement plan is lower than the value of M2, the difference will be remitted into the state budget; in case it is higher than the M2 value, the Bidder must make up for the shortfall, the value of the shortfall shall be included in the investment capital of the project.

The Bidder shall have the costs of compensation, support and resettlement deducted according to the approved plan from the land rent, but not exceeding the amount the Bidder is obliged to pay in accordance with the law on land.

Article 12. Land rent payable; land lease term

This Article provides:

- The land rent payable by the Bidder is determined, collected and paid in accordance with the land law (according to the policy and land price at the time of issuance of the land lease decision of the competent land authority).

- The land lease term is determined according to the law on land.

Article 13. Land lease to bidders and handover of construction sites

This Article provides:

- The land lease to bidders shall be applied according to the procedures for land allocation and land lease specified in Clause 29, Article 1 of Decree No. 148/2020/ND-CP dated December 18, 2020 of the Government on amendments to certain decrees on elaboration of the Land Law amended/substituted documents (if any).

- Progress of handing over construction site.

Article 14. Antiquities discovered in the project area

This Article provides for the discovery of antiquities in the project area, the rights and obligations of the Bidder with respect to these artifacts.  Any fossils, antiquities, structures or other artifacts in the project area of historical or significant value discovered at the construction site shall be the property of the Socialist Republic of Vietnam. The Bidder does not allow their own people or others to damage the discovered artifact.  The Bidder must immediately notify the competent authority of this discovery for settlement in accordance with the law.

Article 15. Construction quality management

This Article prescribes the content; quality standards; rights and obligations of the Parties in managing the quality of works in accordance with the law on construction.

Article 16. Safety assurance and environmental protection

This Article provides:

- Content; environmental and safety standards; the rights and obligations of the Parties in taking measures to ensure safety during project performance and fulfilling requirements on safety and environmental protection in accordance with relevant regulations of the legislation on environmental protection.

- The Bidder prepares an environmental impact assessment report; the preparation, appraisal and approval of environmental impact assessment reports comply with the law on environmental protection.

Article 17. Performance Security

This Article stipulates the value, form and time limit for furnishment of the Performance Security and in case the Bidder does not have the Performance Security returned in accordance with the Law on Procurement and other relevant laws.

Article 18. Amendments and supplements to the Contract

This Article stipulates the following contents:

1. Cases and conditions for amendments to terms and conditions of the project contract.

2. Procedures for amending and supplementing the project contract.

Article 19. Assignment of rights and obligations under the project contract

This Article specifies conditions under which the Bidder is not allowed to transfer rights and obligations under the project contract.

Article 20. Violations, non-compliance with contractual obligations and actions to be taken

This Article stipulates the following contents:

1. Cases of violation, non-compliance with obligations as prescribed in the contract of each Party.

2. Actions to be taken in each case of breach or non-compliance with contractual obligations (for example: remedial measures, suspension of project performance, compensation for damage; premature termination of contract, etc.).

3. Rights and obligations of the Parties in handling cases of violations or non-compliance with contractual obligations.

Article 21. Land expropriation due to violations of the land law

This Article provides for cases of land expropriation due to violations of the law on land according to the Land Law and relevant regulations.

Article 22. Project operation time after completion of investment work, project contract performance time and project contract termination

This Article stipulates the following contents:

1. Time to operate the project after completing the investment.

2. The duration of the project contract and the conditions for extending or shortening the term of the project or project contract according to specific regulations and agreements between the Parties;

3. Cases and conditions for project contract termination as agreed or premature termination;

4. Rights and obligations of each Party upon the termination of the project contract within the agreed time limit;

5. Rights and obligations of each Party in case of premature termination of the agreed time limit; method, payment term, value and method of calculating the value of compensation for damage caused by early termination of each Party;

6. Procedures for contract liquidation in cases of project contract termination mentioned in this Article.

Article 23. Laws governing the project contract relationship and related contracts

This Article stipulates the applicable Law to govern the project contract relationship and the contracts related to the project performance.

Article 24. Dispute settlement

This Article stipulates the dispute settlement mechanism between the Parties to the project contract and disputes between the Bidder, the project enterprise and related parties in accordance with relevant laws.

Article 25. Force majeure events and handling principles

This Article stipulates the following contents:

1. Force majeure events and the principle of determining force majeure events in accordance with the Civil Code and agreements between the Parties.

2. Rights and obligations of each Party when a force majeure event occurs in accordance with the principles specified in the Civil Code.

Article 26. Investment incentives, support and guarantees (if any)

This Article lists investment guarantees and incentives, including:

- Investment incentives in accordance with the investment law and other relevant laws;

- Investment incentives and guarantees specific to the industry, field or locality.

Article 27. Effect of project contract

This Article stipulates the following contents:

1. Time of entry into force and end of project contract;

2. Time, place of signing, number of contract copies and legal value of each copy.

Article 28. Other details

This Article stipulates other details to be agreed upon by the Parties depending on the field, scale, nature and requirements of project performance in accordance with law.

(Example: Regulations on reporting regime, information security and other issues).

IV. Appendices and accompanying documents

Appendices, documents and attached documents shall be agreed upon by the Parties in accordance with the field, scale, nature and requirements of project performance.

FORM NO. 13

LETTER OF ACCEPTANCE AND NOTIFICATION OF AWARD

[Location and date]_______________

To: ______[insert name and address of the successful Bidder, hereinafter referred to as “the Supplier”]

Re: Notification of contract award

Pursuant to Decision No._____ dated _________ [insert number and date of the decision on approval for contract award] of ___ [insert the competent authority’s name], (hereinafter referred to as “the competent authority”], ____ [insert the name of the Employer] (hereinafter referred to as the Employer) herein notifies that the competent authority has accepted the Bid and award the Contract to the Bidder for performing the project ____ [insert the project’s name] , with the cost of ____ [insert total cost; proposed amount to submit to the state budget in the decision on approval for contract award] with contract performance time of ___ [insert contract performance time in the decision on approval for contract award].

Request the legal representative of the Bidder to finalize and enter into a contract with the competent authority, the Employer as follows:

- Time for the Contract completion: _________, in/at __________, enclosed with the Draft Contract.

- Contract signing time: ________in/at_________.

Request the Bidder to furnish a Performance Security as prescribed in form No. 13 Part 3 - Draft Contract and Contract Forms of the Bidding Documents with the amount of _______ and and validity period _____________[insert equivalent amount and validity period as specified in ITB Section 39.1 of Bidding Documents].

This Notification is an integral part of the Contract. Upon the receipt of this Notification, the Bidder must send us a Notification of acceptance of the Contract completion and carry out the Performance Security as required at the current capacity of the Bidder as specified in the Bidding Documents. The competent authority shall reject to complete and conclude the Contract with the Bidder if the current qualifications of the Bidder fails to satisfy the requirements of the contract.

If by ____ [insert specific date, within 30 days from the date of issue of the written notice of acceptance of bid and contract award], the Bidder fails to negotiate, finalize, sign contract or fail to furnish a Performance Security according to the above requirements, the Bidder will be disqualified and not receive back the Bid Security.

Legal representative of the Employer

[full name, position, signature and seal]

FORM NO. 14

PERFORMANCE SECURITY(1)

[Location and date]_______________

To: _____ [insert name of agency competent to sign contract]

   (hereinafter calledabbreviated as Contracting Authority)

At the proposal of _____ [insert name of the Bidder], who is the Bidder selected to perform the project _____ [insert project name] (hereinafter referred to as Bidder) and commit to sign a contract to perform the project mentioned above (hereinafter referred to as the Contract); (2)

According to the Bidding Documents (or contract), the Bidder must give a Performance Guarantee issued by a bank with a given amount to ensure the their duties and obligations in the performance of the contract;

We, _____[insert name of the bank], locates in _______[insert name of country or territory], have registered headquarters at _________[the bank’s address(3)] (hereinafter referred to as “Bank”), to undertake to guarantee the performance of the contract by the Contractor with an amount of ________[insert equivalent value in number, in words and currency as specified in ITB Section 39.1].

We undertake to pay unconditionally, irrevocably to the Contracting Authority an amount or sums of money in the total amount of _____ [insert words] [insert numbers] as mentioned above, when there is a document from the Contracting Authority notifying the Bidder that there is a breach of the Contract within the validity period of the Performance Security.

This guarantee comes into effect from the issue date until ____________[date] (4).

Legal representative of Bank

[full name, position, signature and seal]

Notes:

(1) Only applicable if the performance security is issued by a bank or a financial institution.

(2) If the bank or the credit insitution requires a signed Contract before issuing a bank guarantee, the Employer shall report it to the competent authority for consideration. In this case, the above paragraph can be revised as follows: “At the request of _____ [insert name of Bidder], who is the successful Bidder of the project _____ [name of project] (hereinafter referred to as Bidder) signed contract number _____ [insert contract number] on_____ month _____ year_____ (hereinafter referred to as Contract).”

(3) Address of bank or credit insitution: specifying address, phone number, fax, email address.

(4) State appropriate time as required in ITB Section 40.1.