CIRCULAR

ON CERTAIN PROVISIONS ON SELECTION OF INVESTORS TO IMPLEMENT THE INVESTMENT PROJECTS FOR COMMERCIAL REST STOPS

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

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

Pursuant to the Law on Bidding dated June 23, 2023;

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

Pursuant to Decree No. 32/2014/ND-CP dated April 22, 2014 of the Government on management, operation and maintenance of expressways;

Pursuant to Decree No. 25/2023/ND-CP dated May 19, 2023 of the Government on amendments to Decree No. 32/2014/ND-CP dated April 22, 2014 of the Government on management, operation and maintenance of expressways;

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Pursuant to Decree No. 23/2024/ND-CP dated February 27, 2024 of the Government on elaboration of and implementation measures for the Law on Bidding on the selection of investors to implement projects in cases where bidding must be organized according to the provisions of the special laws on given sectors and fields;

At the request of the Director of the Department of Transport Infrastructure and the Director of the Vietnam Expressway Department;

The Minister of Transport issues a Circular on certain provisions on selection of investors to implement the investment projects for commercial rest stops.

Article 1. Scope

This Circular provides for the evaluation of investment efficiency in the development of sectors and fields in the selection of investors to implement the investment project for commercial rest stops. These rest stops are specialized service infrastructure projects in the road transport sector, including mixed-use functional areas serving both public and commercial purposes, managed by the Ministry of Transport.

Article 2. Regulated entities

This Circular applies to organizations and individuals involved in the selection of investors to implement investment projects for commercial rest stops managed by the Ministry of Transport.

Article 3. Evaluation of investment efficiency in the development of sectors and fields of the investment project for commercial rest stops

1. The evaluation criteria for investment efficiency in the development of sectors and fields of the investment project for commercial rest stops are based on the evaluation criteria for the minimum value of state budget contributions as prescribed in Clause 2, Article 47 of Decree No. 23/2024/ND-CP dated February 27, 2024 of the Government on elaboration of and implementation measures for the Law on Bidding on the selection of investors to implement projects in cases where bidding must be organized according to the provisions of the special laws on given sectors and fields.

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3. The method for determining the minimum value of state budget contributions is calculated using the following formula:

G_TTN = n x (V : 49)

Where:

G_TTN: Minimum value of state budget contributions

n: operation, management, and business time of the project and infrastructure system determined based on the published information on the project's duration and progress.

V: value of state budget contributions for a project with a 49-year land lease term, calculated according to the formula specified in the guidelines in Appendix II attached to this Circular.

Article 4. Entry in force

1. This Circular comes into force as of June 1, 2024.

2. Circular No. 01/2023/TT-BGTVT dated March 7, 2023 of the Minister of Transport on guidelines for formulation, approval, and announcement of list of projects; methods and criteria of bid and proposal evaluation in bidding for investors of road traffic service works shall cease to be effective from the effective date of this Circular.

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Article 5. Implementation

1. Investment projects for commercial rest stops under the management authority of the People's Committees of provinces and centrally affiliated cities can use the guidelines in this Circular as a reference, but must strictly adhere to the bidding law and related regulations to ensure the goals of competition, fairness, transparency and economic efficiency.

2. The Chief of the Ministry Office, the Chief Inspector of the Ministry, the Directors of Departments, the Director of the Department of Construction Investment Management, the Director of Directorate for Road of Vietnam, the Director of the Vietnam Expressway Department, and the Heads of relevant agencies, organizations and individuals shall implement this Circular./.

PP. MINISTER
DEPUTY MINISTER




Nguyen Duy Lam

APPENDIX I

EVALUATION SCORE FOR INVESTMENT EFFICIENCY IN THE DEVELOPMENT OF SECTORS AND FIELDS OF THE INVESTMENT PROJECT FOR COMMERCIAL REST STOPS
(Issued together with Circular No. 16 dated May 30, 2024 of the Minister of Transport)

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1. If the investor's proposed minimum value of state budget contribution in their bid is lower than the minimum required in the bidding documents, the investor will receive a score of zero for the evaluation score for investment efficiency;

2. The evaluation score for the investor's investment efficiency, where their proposed minimum state budget contribution in the bid is equal to or greater than the minimum required in the bidding documents, shall be determined as follows:

a) For bidding documents prepared under the one-stage, one-envelope procedure

b) For bidding documents prepared under the two-stage, two-envelope procedure

Where:

+ “ĐiểmNĐTđang xét”: Evaluation score for investment efficiency of the Investor under consideration.

+ “G_TTN”: Minimum value of state budget contributions specified in the bidding document;

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+ “G_{NĐTcao nhất}”: The highest value of state budget contribution among all values of state budget contributions of evaluated investors and ensuring that G_{NĐTcao nhất} > G_TTN;

+ Maximum sectoral efficiency score: The maximum sectoral efficiency score specified in the bidding document.

If the G_{NĐTcao nhất} is equal to G_TTN , the evaluation score for the minimum value of state budget contributions of the investor is equal to the maximum sectoral efficiency score specified in the bidding document.

APPENDIX II

GUIDELINES FOR DETERMINING THE VALUE OF STATE BUDGET CONTRIBUTIONS (V)
(Issued together with Circular No. 16 dated May 30, 2024 of the Minister of Transport)

Section 1. Bases and steps for determining the value of state budget contributions (V)

1. Bases for determining value V:

a) Land area subject to land levies and land rents for the project;

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Land levies and land rents to be paid by the winning investor must be determined at the time when the State decides to allocate land or lease land according to land laws;

c) Information on successfully auctioned land areas, land funds, and land plots in the local area, including: intended use; area; location; starting price; auction-winning price; approval date of auction results;

d) Local land price schedule.

2. Steps for determining value V:

a) Determining and classifying the land area subject to land levies and land rents for the project;

b) Identifying reference land areas, land funds, and land plots;

c) Calculating the value of V.

3. The procuring entity is responsible for developing a plan to determine value V based on information provided by the following agencies:

- Financial management agencies or the Land Valuation Appraisal Council (if assigned the task of managing this information): information on local land price schedule (if available); additional information (if any) to determine the expected land levies, land rents, and value V;

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- Specialized agencies or People's Committees at the district and commune level responsible for conducting auctions:  information on land areas, land funds, and land plots that have been successfully auctioned and the winning organizations or individuals have fulfilled their financial obligations to the State;

- Agencies or departments responsible for housing, urban development, and construction: information on approved land use structure according to the plan (if assigned the task of managing this information).

Section 2. Determining and classifying the land area subject to land levies and land rents for the project

The land area subject to land levies and land rents for the project is the area of ​​commercial and service land determined according to project information in the Decision on project information approval.

Section 3. Identifying reference land areas, land funds, and land plots

The determination of reference land plots, land funds, and land plots shall be implemented according to the following principles:

1. Land areas, land funds, and land plots that meet the following conditions shall be used for reference:

a) Having the same purpose of use as one of the land areas specified in Section 2 of this Appendix.

b) Having previously been successfully auctioned within the past 2 years and where the winning bidder has complied with all relevant land laws and regulations prior to the date of approval of information of the project under consideration.

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2. Located in a similar geographical area is determined as follows:

a) In the same district-level administrative division where the project under consideration is implemented. In case the project under consideration belongs to two or more district-level administrative divisions, the reference land area, land fund, and land plot shall be determined in the area of ​​all these administrative divisions.

b) In case the district-level administrative division where the project is implemented does not have any land area, land fund, or land plot that meets the conditions at Point b, Clause 1 of this Section, use the land area, land fund, or land plot belonging to another district-level administrative division of the province or centrally-affiliated city that is adjacent to the mentioned district-level administrative division for reference purpose. In case it is adjacent to many district-level administrative divisions, the determination of the other district-level administrative divisions shall be considered and specifically decided by the person with the authority to approve the bidding documents.

c) In case the provincial administrative division where the project is implemented does not have any land area, land fund, or land plot that meets the conditions at Point b, Clause 1 and Point b, Clause 2 of this Section, it may use the land area, land fund, or land plot that have been successfully auctioned within 3 to 5 years before the date of approval of information on the investment project under consideration, provided that it is located in a similar geographical area as prescribed at Point a or Point b of this Clause for reference. The reference time shall be considered and specifically decided by the person with the authority to approve the bidding documents.

3. In case the land area, land fund, or land plot that has been auctioned meets the conditions on reference time, is located in a similar geographical area to the land area, land fund where the project under consideration is implemented as prescribed in the above Clauses but has multiple purposes of use, then divide this land area, land fund, or land plot into land parts corresponding to the land use purposes for reference.

4. In cases where local authorities have determined that there are abnormal fluctuations in land prices and have adjusted the land prices of the land areas, land funds, and land plots referenced in the land price schedule as per the land laws for the areas specified in Point a or Point b, Clause 2 of this Section within the time period specified in Point b, Clause 1 or Point c, Clause 2 of this Section, the person with the authority to approve the bidding documents may decide not to use as a reference any land areas, land funds, or land plots that have experienced an auction price increase of more than 20% compared to the average post-auction increase of the reference land areas, land funds, or land plots that exhibit other abnormal price fluctuations.  The determination of the rates of abnormal price fluctuations shall be specifically considered and decided by the person with the authority to approve the bidding documents.

Section 4. Calculation of value V

1. All land areas, land funds, and land plots that meet the conditions specified in Section 3 of this Appendix are used for reference and calculation of value V.

2. Value V is calculated as follows:

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Where:

a) S_i is the area of ​​the land plots specified in Section 2 of this Appendix.

b) ΔG_i is the average increase in value after winning the land use right auction calculated per unit area of ​​all reference land areas, land funds, and land plots with the same land use purpose as the land area S_i of the project under consideration.

c) k_i is the coefficient for adjusting the average increase in value after winning the auction of all reference land areas, land funds, and land plots with the same land use purpose as the land area S_i of the project under consideration.

3. ΔGi is calculated as follows:

ΔG_i

=

Total increased value after winning the auction of all reference land areas, land funds, land plots with the same purpose of use as the land area Si

Total area of ​​all reference land areas, land funds, land plots with the same purpose of use as the land area Si

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4. k_i is calculated as follows:

Where:

a) P_i is the land levy, land rent calculated per unit area of ​​the land area Si belonging to the project under consideration (determined according to the expected land levy, land rent of the project).

b) P_TCi is the land levy, land rent calculated per unit area of ​​all reference land areas, land funds, land plots with the same purpose of use as the land area S_i belonging to the project under consideration (determined according to the auction starting price).

P_TCi is calculated as follows:

P_TCi

=

Total value of the starting auction price of all reference land areas, land funds, land plots with the same purpose of use as the land area S_i

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5. In case there is no reference land area, land fund, land plot with the same purpose of use as the land area S_i, the data related to the residential land of the project under consideration (S_{residential land}) is the basis for calculating ΔG_i and k_i, in specific:

a) ΔG_i = ΔG_{residential land}.

b) k_i = k_{residential land} x Ratio determined in the land price schedule between the type of land under consideration and residential land.

- k_{residential land} is the coefficient for adjusting the average increase in value after winning the auction of reference land areas, land funds, and land plots with the same land use purpose as the residential land area determined according to Clause 4 of this Section.

6. The land price used is the land price in the land price schedule issued by the People's Committee of the province or centrally-affiliated city in accordance with the land laws, effective at the time of approval of the information of the project under consideration.  The data in the land price schedule used for calculation are the data applicable to the district-level administrative division where the project under consideration is implemented.

7. For projects that do not apply the detailed provisions in the above Sections, the person with the authority to approve the bidding documents shall consider and decide on the method of selecting reference land areas, land funds, land plots and appropriate coefficient k. In this case, the proposal for approval of the bidding documents must explain in detail the method of determining the input parameters corresponding to the selected method and the reasons for the proposed method, for the consideration and decision of the person with the authority to approve the bidding documents.