CIRCULAR

GUIDING THE AMENDMENTS AND SUPPLEMENTS TO A NUMBER OF CONTENTS OF CIRCULAR No. 06/1999/TT-BKH OF NOVEMBER 24, 1999 OF THE MINISTRY OF PLANNING AND INVESTMENT GUIDING THE CONTENTS OF TOTAL INVESTMENT, DOSSIERS ON INVESTMENT PROJECT EVALUATION AND INVESTMENT REPORTS

In furtherance of the provisions in the Government’s Decree No. 12/2000/ND-CP of May 5, 2000 amending and supplementing a number of articles of the Regulation on Investment and Construction Management, issued together with Decree No. 52/1999/ND-CP of July 8, 1999;
Pursuant to the proposals and comments of the ministries and localities on a number of contents of the Planning and Investment Ministry’s Circular No. 06/1999/TT-BKH of November 24, 1999 guiding the contents of total investment, dossiers on investment project evaluation and investment reports, the Ministry of Planning and Investment hereby guides the amendments and supplements to a number of contents as follows:

I. ON TOTAL INVESTMENT CAPITAL

The contents of the section from the 2nd em dash of Point b, Clause 1.2, shall be amended and supplemented as follows:

"- Bidding for project execution shall include:

+ Bidding preparation:

* Compilation of bidding dossiers and criteria for evaluation of bids

* Announcement on bid invitation (publishing on newspapers, if any)

+ Organization of bidding:

* Issuance of bidding dossiers (printing documents, sending bidding dossiers)

* Organization of pre-bidding conference (if any)

* Preservation of bids (if any)

* Organization of bid opening

+ Bid evaluation and appraisal of bidding results

* Evaluation of bids

* Appraisal of bidding results."

II. ON DOSSIERS REQUESTING THE EVALUATION OF FEASIBILITY STUDY REPORTS (SECTION II OF CIRCULAR No. 06/1999/TT-BKH), WHICH SHALL BE AMENDED AND SUPPLEMENTED AS FOLLOWS

1. To annul the following points of Section B:

- Point d, Clause 1.1

- Point h, Clause 1.2

- Point c, Clause 2.1

2. To amend Point f, Clause 1.1; Point g, Clause 1.2, and Point e, Clause 2.1 as follows:

"The effective legal documents certifying the investor’s legal person status and financial capability as well as other necessary documents such as land use right certificate (for the project in which the investor has already obtained the land use right certificate) or the written agreement on land leasing, the location-recommending announcement of the competent agency (for the project in which the investor has not yet obtained the land use right certificate), the written approval of the planning, the written permits of the Government, agreements, contracts and/or treaties (depending on the characteristics of each project)".

3. To supplement the content of Clause 3 as follows:

"The investor shall take full responsibility for the accuracy and legality of information, data and documents attached to the project dossiers. In order to accelerate the evaluation process, the investor may directly consult the concerned agencies about the project.

The project dossiers shall be submitted by the investor directly to the person competent to decide the investment and the investor’s managing agency, then be forwarded to the agency which organizes the investment project evaluation with the number of projects as requested by the evaluation-organizing agency, so that the latter shall send them to relevant agencies for their evaluation opinions.

For Group A projects, the evaluation-organizing agency shall be the Ministry of Planning and Investment. The agencies which are requested to participate in the evaluation should contribute their opinions focussing on the issues related to their management functions, then send such opinions to the evaluation-organizing agency within the time-limits and bear responsibility for their opinions.

III. TO ADD POINT IV AS FOLLOWS

For the pre-feasibility study reports of Group A projects with many component projects or mini-projects, which may be independently operated, exploited and implemented according to investment phasing, the list of component projects or mini-projects, the necessity and reasonability of each component project or mini-project’s independent operation and exploitation, the investment tempo as well as the draft plan on capital allocation for each component project or mini-project... must be clearly determined.

The list of component projects or mini-projects of Group A project shall be determined in the written approval or decision approving the pre-feasibility study report of the Prime Minister.

This Circular takes effect 15 days after its signing