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Notice of invitation interestors to sumbit registration documents to implement project of social housing (9.53ha) in Duc Hoa Dong commune, Duc Hoa district, Long An province
The Department of Planning and Investment of Long An province invites interested investors to submit registration documents to implement project of social housing (9.53ha) in Duc Hoa Dong commune, Duc Hoa district, Long An province

Pursuant to Decision No. 12401/QD-UBND dated December 29, 2023 of the People's Committee of Long An province on approving the investment policy of the social housing project (9.53ha) in Duc Hoa Dong commune, Duc Hoa district , Long An province;

Pursuant to Decision No. 13662/QD-UBND dated December 27, 2024 of the People's Committee of Long An province on approving the invitation for interest in the social housing project (9.53ha) in Duc Hoa Dong commune, Duc district Hoa, Long An province.

The Department of Planning and Investment of Long An province invites interested investors to submit application for registration to implement project of social housing (9.53ha) in Duc Hoa Dong commune, Duc Hoa district, Long An province. With the following information

1. Name of project; Investment objectives and investment scale of the project:

1.1.Project name: SOCIAL HOUSING AREA (9.53 ha) IN DUC HOA DONG COMMUNE, DUC HOA DISTRICT, LONG AN PROVINCE

1.2.Project investment objectives: Investing in the construction of social housing for sale and rental according to housing laws, synchronizing technical and social infrastructure according to approved planning

1.3.Investment scale of the project

1.3.1.Land use area: about 9.53 hectares

1.3.2.Population scale: about 7,283 people.

1.3.3.Construction scale

- Land area for housing construction: 30,532.32 m2.

- Housing construction floor area: 249,580.2 m2.

- Type of housing: high-rise house.

- Number of houses: about 2,895 apartments.

The detailed scale of the project is determined specifically according to the detailed construction planning project at a scale of 1/500 approved by competent authorities.

1.3.4.Preliminary structure of housing products

- Housing type: apartment-type social housing.

- Specific housing product structure according to detailed construction planning project at 1/500 scale approved by competent authorities.

2. Total investment capital of the project: VND3,708,481,937,000 (in words: Three thousand seven hundred and eight billion, four hundred eighty one million, nine hundred thirty-seven thousand Vietnamese Dong). In which:

2.1.Preliminary total cost of project implementation: VND3,478,151,000,000 (in words: Three thousand four hundred seventy-eight billion, one hundred fifty-one million Vietnamese Dong).

2.2.Compensation, support, and resettlement costs: VND230,330,937,000 (in words: Two hundred thirty billion, three hundred thirty million, nine hundred thirty-seven thousand Vietnamese Dong).

3. Project implementation location: Duc Hoa Dong commune, Duc Hoa district, Long An province.

4. Purpose of using land; current land use status:

4.1. Land use purpose: Follow the provisions of land law.

4.2. Current land use status

No.

Type of land

Symbol

Area (m2)

Ratio (%)

1

Annual plant

CHN

91,890.8

96.39

2

Residential land in rural area

ONT

2583

2.7

3

Traffic land

DGT

856.1

0.91

Total:

95.329,9

100

5. Area of land for project implementation: about 9.53 hectares.

6. Planning indicators

- Investors must complete the investment in infrastructure construction including service works, technical infrastructure works, and social infrastructure according to the approved 1/500 detailed construction planning; ensure connection with the region's common infrastructure system; Ensure the provision of essential services including electricity supply, water supply, drainage, waste collection according to the provisions of law on urban planning, construction, urban development, real estate business, housing and relevant legal regulations.

-Investors must comply with environmental technical regulations on environmentally safe distances from residential areas to production, business, service and warehouse establishments specified in Point d, Clause 2, Article 53 of the LawEnvironmental protection in 2020, regulations on environmental laws, and related legal regulations.

7. Project deadline and progress

7.1. Operational term of the project: 50 (fifty) years (calculated from the date the investor decides to allocate land, decides to lease land, decides to change the purpose of land use).

7.2. Project implementation schedule: 04 (four) years from the date of investor approval decision.

8. Deadline for submitting project registration documents: Before 5:00 p.m. February 24, 2025.

9. Contact information

Department of Planning and Investment of Long An province

+ Address: 61 Truong Dinh, Ward 1, City. Tan An, Long An province.

+ Phone number: (0272) 3886 009 - (0272) 3826 199.

+ Fax number: (0272) 3825 044.

+ Email: skhdt@longan.gov.vn

- Other information about the project:

+ Review full project information at https://muasamcong.mpi.gov.vn and Notice of Interest at https://skhdt.longan.gov.vn/

+ See Decision No. 12401/QD-UBND dated December 29, 2023 of Long An Provincial People's Committee on approving the investment policy of the social housing project (9.53ha) in Duc Hoa Dong commune, Duc district Hoa, Long An province; Decision No. 13662/QD-UBND dated December 27, 2024 of the People's Committee of Long An province on approving the invitation for interest document for the social housing project (9.53ha) in Duc Hoa Dong commune, Duc Hoa district, Long An province.

10. Investors are interested and need to register to implement the project

- Prepare documents according to the forms in the appendix attached to Decision No. 13662/QD-UBND dated December 27, 2024 of the People's Committee of Long An province on approving the invitation for interest documents for the Social Housing Area project ( 9.53ha) in Duc Hoa Dong commune, Duc Hoa district, Long An province.

- Interested investors who wish to register for project implementation must carry out procedures to be granted a digital certificate and submit project registration documents on the National Bidding Network System.

With the above content, the Department of Planning and Investment of Long An province invites interested investors to submit project registration documents./.

 

REQUEST FOR EXPRESSION OF INTEREST

 (Issued with Decision No.  13662    /QD-UBND dated 27/12/2024 of Long An Province People's Committee)

 

 

Name of project:

SOCIAL HOUSING AREA (9.53 Ha) IN DUC HOA DONG COMMUNE, DUC HOA DISTRICT, LONG AN PROVINCE

Release Date:

The date the Request for Expression of Interest is published on The National Bidding Network System

 

 

 TABLE OF CONTENTS

SUMMARY DESCRIPTION............................................................................ 5

ABBREVIATIONS.................................................. Error! Bookmark not defined.

PART 1. PROCEDURES FOR INVITATION OF INTERESTS Error! Bookmark not defined.

Chapter 1. Instructions for investors......................... Error! Bookmark not defined.

Chapter 2. Evaluation of project registration application documents Error! Bookmark not defined.

Chapter 3. Expression of interest form................................................................. 28

2. REQUIREMENTS FOR PROJECT IMPLEMENTATION Error! Bookmark not defined.

SUMMARY DESCRIPTION

PART 1. PROCEDURES FOR INVITATION OF INTERESTS

Chapter I. Instructions for investors

This chapter provides information to help investors prepare project registration application documents. Information includes regulations on preparing and submitting project registration application documents, opening bids, and evaluating project registration application documents.

Chapter II. Evaluation of project registration application documents

This chapter includes regulations on methods and standards for evaluating project registration applications.

Chapter III. Expression of interest form

This chapter includes regulations on forms that investors must complete to form part of the Project Registration Application Documents.

PART 2. REQUIREMENTS FOR PROJECT IMPLEMENTATION

The entity inviting expressions of interest shall base on the content of the decision approving the investment policy for the project subject to approval of the investment policy or written approval of investment project information for projects not subject to investment policy approval to determine project implementation requirements.

ABBREVIATIONS

CDNDT

Instructions for investors

System

National bidding network system

HSDKTHDA

Project registration application documents

HSMQT

Request for expression of interest

Bidding Law

Bidding Law No. 22/2023/QH15 dated June 23, 2023

Decree No. 23/2024/ND-CP

Decree No. 23/2024/ND-CP dated February 27, 2024 of the Government detailing a number of articles and measures to implement the Law on Bidding on selecting investors to implement projects in cases where organization must be organized bidding according to the provisions of law on industry and field management

Decree No. 115/2024/ND-CP

Decree No. 115/2024/ND-CP dated September 16, 2024 of the Government detailing a number of articles and measures to implement the Law on Bidding on selecting investors to implement investment projects using land.

 

PART 1. PROCEDURES FOR INVITATION OF INTERESTS

CHAPTER I. INSTRUCTIONS FOR INVESTORS

Section 1. Contents of interest

1.1. The Department of Planning and Investment invites investors to submit registration documents to implement the SOCIAL HOUSING AREA project (9.53 hectares) IN DUC HOA DONG COMMUNE, DUC HOA DISTRICT, LONG AN PROVINCE.

1.2. Project information:

Pursuant to Decision No. 12401/QD-UBND dated December 29, 2023 of the People's Committee of Long An province on approving the investment policy of the social housing project (9.53ha) in Duc Hoa Dong commune, Duc Hoa district, Long An province, the Department of Planning and Investment summarizes information about the project, including:

1. Name of project; Investment objectives and investment scale of the project:

1.1. Project name: SOCIAL HOUSING AREA (9.53 ha) IN DUC HOA DONG COMMUNE, DUC HOA DISTRICT, LONG AN PROVINCE

1.2. Project investment objectives: Investing in the construction of social housing for sale and rental according to housing laws, synchronizing technical and social infrastructure according to approved planning

1.3. Investment scale of the project

1.3.1. Land use area: about 9.53 hectares

1.3.2. Population scale: about 7,283 people.

1.3.3. Construction scale

- Land area for housing construction: 30,532.32 m2.

- Housing construction floor area: 249,580.2 m2.

- Type of housing: high-rise house.

- Number of houses: about 2,895 apartments.

The detailed scale of the project is determined specifically according to the detailed construction planning project at a scale of 1/500 approved by competent authorities.

1.3.4. Preliminary structure of housing products

- Housing type: apartment-type social housing.

- Specific housing product structure according to detailed construction planning project at 1/500 scale approved by competent authorities.

2. Total investment capital of the project: VND 3,708,481,937,000 (in words: Three thousand seven hundred and eight billion, four hundred eighty one million, nine hundred thirty-seven thousand Vietnamese Dong). In which:

2.1. Preliminary total cost of project implementation: VND 3,478,151,000,000 (in words: Three thousand four hundred seventy-eight billion, one hundred fifty-one million Vietnamese Dong).

2.2. Compensation, support, and resettlement costs: VND 230,330,937,000 (in words: Two hundred thirty billion, three hundred thirty million, nine hundred thirty-seven thousand Vietnamese Dong).

3. Project implementation location: Duc Hoa Dong commune, Duc Hoa district, Long An province.

4. Purpose of using land; current land use status:

4.1. Land use purpose: Follow the provisions of land law.

4.2. Current land use status

No.

Type of land

Symbol

Area (m2)

Ratio (%)

1

Annual plant

CHN

91,890.8

96.39

2

Residential land in rural area

ONT

2583

2.7

3

Traffic land

DGT

856.1

0.91

Total:

95.329,9

100

5. Area of land for project implementation: about 9.53 hectares.

6. Planning indicators

- Investors must complete the investment in infrastructure construction including service works, technical infrastructure works, and social infrastructure according to the approved 1/500 detailed construction planning; ensure connection with the region's common infrastructure system; Ensure the provision of essential services including electricity supply, water supply, drainage, waste collection according to the provisions of law on urban planning, construction, urban development, real estate business, housing and relevant legal regulations.

- Investors must comply with environmental technical regulations on environmentally safe distances from residential areas to production, business, service and warehouse establishments specified in Point d, Clause 2, Article 53 of the Law Environmental protection in 2020, regulations on environmental laws, and related legal regulations.

7. Project deadline and progress

7.1. Operational term of the project: 50 (fifty) years (calculated from the date the investor decides to allocate land, decides to lease land, decides to change the purpose of land use).

7.2. Project implementation schedule: 04 (four) years from the date of investor approval decision.

8. Deadline for submitting project registration application documents: According to the issuance of Request for Expression of Interest issued by the Department of Planning and Investment of Long An province.

Section 2. Prohibited acts in bidding

Prohibited acts in bidding to select investors include acts prescribed in Article 16 of the Bidding Law.

Section 3. Eligibility of investors

Independent investors or individual joint venture members are eligible when they meet the following conditions:

3.1. For domestic investors: are enterprises, cooperatives, cooperative unions, cooperative groups, public service units, economic organizations with foreign investment capital registered for establishment and operation according to Vietnamese law, it has the function of real estate business. For foreign investors: registered to establish and operate under foreign law, with real estate business functions or similar fields,

3.2. Independent financial accounting;

3.3. Not being in the process of implementing dissolution procedures or having the business registration certificate, cooperative registration certificate, cooperative union, or cooperative group revoked; not falling into the case of insolvency according to the provisions of bankruptcy law;

3.4. Have your name on the System before approving the invitation for interest results;

3.5. Ensuring competition in bidding as prescribed in Clause 5, Article 6 of the Law on Bidding and Article 5 of Decree No. 115/2024/ND-CP, information about consulting contractors is as follows:

- Consulting on preparing documents to request investment policy approval: None.

- Consulting on preparing project proposal documents: None.

- Consulting on preparing pre-feasibility study reports or feasibility study reports in cases where the law governing the industry or field requires the preparation of pre-feasibility study reports or feasibility study reports before inviting interest: None.

- Consulting on preparing Request for Expression of Interest: None.

- Consulting on evaluating project registration application documents: None.

3.6. Not being banned from participating in bidding according to decisions of competent persons, Ministers, Heads of ministerial-level agencies, Government agencies, other central agencies, or Chairman of the Provincial People's Committee stipulated in Clause 3, Article 87 of the Bidding Law;

3.7. Not being prosecuted for criminal liability.

3.8. Being subject to land allocation or land lease by the State and meeting the conditions for land allocation and land lease according to the provisions of land law.

3.9. Not during the period of being banned from real estate business activities, temporarily suspended or suspended from operations according to a court verdict or decision, or a decision of a competent state agency according to the provisions of law on real estate business.

          Section 4. Contents of Request for Expression of Interest

4.1. Request for Expression of Interest includes Part 1, Part 2 and documents amending the Request for Expression of Interest (if any) according to the provisions of Section 7 of the Instructions for Investors, including the following contents

a) Part 1. Procedures for invitation of interests

- Chapter I. Instructions for investors

- Chapter II. Evaluation of project registration application documents

- Chapter III. Expression of interest form

b) Part 2. Requirements for project implementation

4.2. The Notice of Request for expression of interest issued by the entity inviting expressions of interest is for informational purposes only and is not a part of the request for expression of interest documents.

4.3. The entity inviting expressions of interest is not responsible for the inaccuracy or incompleteness of the invitation for expression of interest documents, documents explaining the invitation for expression of interest, minutes of pre-bid conference (if any), documents to amend the request for expression of interest documents are not provided by the entity inviting expressions of interest.

4.4. Investors must study all instructions, expression of interest forms, project implementation requirements and other requirements in the EOI Documents to prepare the Project Registration Application Documents.

Section 5. Preliminary requirements on capacity and experience of investors

Preliminary standards on the capacity and experience of the investor include:

5.1. Equity requirements.

5.2. Experience in implementing similar projects of the investor.

Detailed content according to the provisions in Chapter II. Evaluation of project registration application documents

Section 6. Clarification of Request for expression of interest

6.1. In case it is necessary to clarify the Request for Interest Documents, the investor sends a request for clarification to the entity inviting expressions of interest on the System at least 05 working days before the deadline to submit the Project registration application documents.

6.2. After receiving the written request for clarification within the prescribed time, the Department of Planning and Investment of Long An province shall clarify and post on the System at least 02 working days before the deadline for submitting the Project registration application documents.

6.3. The clarification content of the Request for Interest Documents must not be contrary to the content of the Request for Interest Documents posted on the System. In case after clarifying the EOI Documents, the EOI Documents must be amended, the amendment of the EOI Documents shall be carried out in accordance with the provisions of Section 7 of Instructions for Investors.

6.4. The document clarifying the request for interest documents is part of the request for expression of interest documents.

Section 7. Amendment of the Request for Interest Document; Extend the time for submitting project registration application documents

7.1. In case of amending the EOI Documents after its release, the entity inviting expressions of interest must post the following documents on the System, including: Decision on amendments together with the revised contents of the EOI Documents, Request for interest documents have been revised. The decision to amend the EOI Documents is part of the EOI Documents. Investors are responsible for regularly accessing the System to update information about the Request for Interest Documents.

7.2. The time for posting the decision to amend the Request for Expression of Interest is at least 10 days before the deadline for submitting the Project registration application documents. In case the time for posting the decision document of the request for expression of interest documents does not meet the regulations in this Section, the entity inviting expressions of interest must extend the bid closing time accordingly to ensure the time regulations in this Section. The extension is implemented in accordance with the provisions of Section 7.3 Instructions for investors.

7.3. In case it is necessary to extend the time for submitting the Project Registration Application Documents, the entity inviting expressions of interest will post an extension notice along with the decision to approve the extension on the System. The extension notice includes the reason for the extension and the new bid closing time.

Section 8. Projected costs of interest

Investors bear the costs related to preparing and submitting the Project Registration Application Documents. In all cases, the entity inviting expressions of interest is not responsible for costs related to the investor's interest.

Section 9. Language of project registration application documents

- For international interest:

Project registration application documents, letters and documents related to Project registration application documents exchanged between the investor and the entity inviting expressions of interest are written in: Investors can choose English or Vietnamese to prepare project registration application documents.

Documents and supporting documents in the Project registration application documents can be written in other languages and accompanied by translation into: Investors can choose English or Vietnamese to prepare Project registration application documents. In case of lack of translation, if necessary, the entity inviting expressions of interest can request the investor to send additional translation.

- For domestic interest:

Project registration application documents, letters and documents related to Project registration application documents exchanged between the investor and the entity inviting expressions of interest are written in Vietnamese.

Documents and supporting documents in the Project registration application documents can be written in other languages and accompanied by translation into Vietnamese. In case of lack of translation, if necessary, the entity inviting expressions of interest can request the investor to send additional translation.

Section 10. Project registration application documents and deadline for submission

10.1. Project registration application documents prepared by the investor must include the following components:

a) Project registration application documents as prescribed in Section 13 Instructions for investors;

b) Documents proving the eligibility of the person signing the project registration application documents as prescribed in Section 13 Instructions for investors;

c) Expression of interest form;

d) Other contents:

- Documents on the legal status, capacity and experience of the investor as prescribed in Section 12 Instructions for Investors;

- Written confirmation from the Department of Natural Resources and Environment of Long An province for independent investors, or each joint venture member for joint venture investors, does not violate the provisions of land law or violated the provisions of land law but has completely complied with the legally effective decision and judgment of the competent authority at the time of confirmation by the Department of Natural Resources and Environment of Long An province.

10.2. Investors submit project registration application documents on the System according to the Notice of Request for Expression of Interest issued by the Department of Planning and Investment.

Section 11. Currency used for evaluation

11.1. For domestic interest:

Currency used for evaluation: Vietnamese Dong.

11.2. For international interest:

Currency used for evaluation: When evaluating project registration application documents, it must be converted to one currency; In case one of those currencies contains Vietnamese Dong, it must be converted to Vietnamese Dong; In case there is no Vietnamese Dong among the currencies, the conversion currency, time and basis for determining the conversion rate must be specified as follows:

a) The conversion currency is: Vietnamese Dong.

b) The time to determine the exchange rate is: At the time of deciding to approve the invitation for expression of interest documents.

c) Basis for determining the conversion rate: Buying and selling exchange rates of a commercial bank operating in Vietnam are selected by the Investor.

Section 12. Documents proving the eligibility, capacity and experience of the investor

12.1. Documents proving the investor's eligibility include:

a) For independent investors, they must provide documents proving their eligibility as follows:

A photocopy of one of the following documents: Business registration certificate or establishment decision or document of equivalent value issued by a competent authority for domestic investors; Documents proving registration of establishment and operation under foreign laws for foreign investors. Documents proving that the investor has the function of doing real estate business or a similar project field.

b) For joint venture investors, the following documents must be provided:

- Documents mentioned in point a of this Section for each joint venture member;

- Document of joint venture agreement between members according to Form No. 03 in Chapter III - Expression of Interest Form.

12.2. Documents proving the investor's capacity and experience include:

a) The investor's capacity and experience are declared according to the Forms in Chapter III - Expression of Interest Form. In case the currency stated in the documents proving capacity and experience is not the currency specified in Section 11 of this Chapter, then when preparing Project registration application documents, the investor must convert it to the corresponding currency according to the provisions of Section 11 of this Chapter as a basis for evaluating Project registration application documents; In case there is no direct exchange rate between these currencies, the investor will use the conversion currency according to the provisions of Section 11 of this Chapter as a basis for conversion and declaration in the Project registration application documents.

b) Investors must submit along with Project registration application documents as follows: Written confirmation from the Department of Natural Resources and Environment of Long An province for independent investors, or each joint venture member for joint venture investors, does not violate the provisions of land law or violated the provisions of land law but has completely complied with the legally effective decision and judgment of the competent authority at the time of confirmation by the Department of Natural Resources and Environment of Long An province.

Section 13. Project implementation registration documents

13.1. For independent investors, the project registration application documents must be prepared according to Form No. 01 in Chapter III - Expression of Interest Form, signed and stamped (if any) by the legal representative of the investor.

The legal representative of the investor is the legal representative of the investor or the person authorized by the legal representative of the investor..

In case the investor's legal representative authorizes a subordinate, a Authorization letter must be attached according to Form No. 02, Chapter III - Expression of Interest Form; in case the company charter or other related documents assign responsibilities to subordinates, these documents must be attached (no need to make a Authorization letter according to Form No. 02 Chapter III - Expression of Interest Form). The original authorization letter (made according to Form No. 02 Chapter III - Expression of Interest Form) must be sent to the entity inviting expressions of interest along with the project registration application documents.

13.2. For joint venture investors, the project registration application documents must be prepared according to Form No. 01 in Chapter III - Form of Expression of Interest, by the legal representative of each joint venture member or member according to the assign responsibilities in the signed and sealed joint venture agreement (if any).

The legal representative of a joint venture member is the legal representative or the person authorized by the legal representative. In case of authorization, do the same as independent investors as prescribed in Section 13.1 Instructions for investors.

Section 14. Preparation, submission, and receipt of Project registration application documents

14.1. Investors are responsible for preparing and submitting the Project registration application documents on the System according to the requirements of the Request for Expression of Interest. The investor's Project registration application documents includes: Project registration application documents; documents on the investor's legal status, capacity and experience; Other relevant documents (if any).

14.2. Investors submit Project registration application documents on the System within the deadline specified in the Notice of Request for expression of interest.

Section 15. Modification, replacement, withdrawal of Project registration application documents

15.1. After submission, the investor can amend, replace or withdraw the Project registration application documents on the System before the deadline for submitting the Project registration application documents. In case it is necessary to amend the submitted Project registration application documents, the investor must proceed to withdraw the entire submitted Project registration application documents in advance to amend accordingly. After completing the Project registration application documents, the investor shall submit a new Project registration application documents. In case the investor has submitted the Project registration application documents before the Request for Expression of Interest are amended (if any), the investor must re-submit a new Project registration application documents to be consistent with the revised Request for Expression of Interest.

15.2. After the deadline for submitting the Project registration application documents, the investor is not allowed to withdraw the submitted Project registration application documents.

Section 16. Bid closing time

16.1. The entity inviting expressions of interest receives Project registration application documents from all investors who submit Project registration application documents before the bid closing time according to the notice of project interest issued by the Department of Planning and Investment of Long An province.

16.2. The entity inviting expressions of interest may extend the bid closing time in case of amending the EOI Documentss according to the provisions of Section 7.3 Instructions to Investors.

Section 17. Opening of Bids

17.1. The Opening of Bids is done on the System and begins within 02 hours from the deadline for submitting the Project registration application documents.

17.2. Except for the case where the Project registration application documents is requested by the investor to withdraw according to the provisions of Section 15.1 Instructions to investors, the entity inviting expressions of interest must publicly open all Project registration application documents received before the time of bid closing.

17.3. The entity inviting expressions of interest shall organize the evaluation of the Project registration application documents of the investors who have submitted their applications.

Section 18. Clarification of project registration application documents

18.1. During the evaluation process, if the investor discovers that the project registration application documents lack information and documents about his or her existing capacity and experience but has not been submitted with the application dossier, the investor is allowed to send information and documents to the entity inviting expressions of interest to clarify your own eligibility, capacity and experience. The entity inviting expressions of interest must notify the investor in writing of having received additional clarifying documents from the investor on the System.

18.2. In case it is discovered that the investor lacks documents to prove eligibility, capacity and experience, the entity inviting expressions of interest must request the investor to clarify and supplement documents to prove eligibility, capacity and experience. The Investor is responsible for clarifying the project registration application documents at the request of the entity inviting expressions of interest. All requests for clarification from the entity inviting expressions of interest and clarification documents from investors must be made on the System.

          18.3. Clarification of the project registration application documents must ensure the principle of not changing the status and name of interested investors.

18.4. In the written request for clarification, the investor's deadline for clarification must be specified (this deadline must be consistent with the project implementation schedule, ensuring the investor has enough time to prepare documents to clarify the project application documents). In case the clarification deadline has passed and the entity inviting expressions of interest does not receive a clarification document or the investor has a clarification document but does not meet the clarification request of the entity inviting expressions of interest, the entity inviting expressions of interest will evaluate the investor's project registration application documents according to the information stated in the project registration application documents submitted before the bid closing time.

Section 19. Evaluation of project registration application documents and publicizing the results of invitation for interest

19.1. The evaluation of project registration application documents is carried out according to the methods and standards for evaluating capacity and experience specified in Chapter II - Evaluation of project registration application documents.

19.2. Based on the results of evaluating the project registration application documents, the entity inviting expressions of interest submits to the competent person to review and approve the results of invitation for interest and organize investor selection as follows:

a) In case there are two or more investors that meet the requirements of the Request for Expression of Interest, a bidding organization will select the investor according to the provisions of Article 44 of Decree No. 115/2024/ND-CP.

b) In case there is only one investor registered and meets the requirements of the Request for Expression of Interest or there are many investors registered but only one investor meets the requirements of the Request For Expression of Interest, then accept. agreement with investors according to the provisions of law on investment.

c) In case there are no interested investors or no investors meet the requirements of the Request for Expression of Interest, there will be a written notice of the end of the Request for Expression of Interest procedure.

19.3. For projects specified in Point a, Section 19.2 Instructions for investors and persons with authority to approve the progress monitoring table of investor selection activities according to the provisions of Article 12 of Decree No. 115/2024/ND-CP, which decides the bidding party, the form and method of bidding to select investors, and the time to start organizing the selection of investors to implement business investment projects. The bidding form for investor selection is determined according to the following regulations:

a) Open domestic bidding if no foreign investor submits the project registration application documents or meets the requirements of the Request for Expression of Interest according to the provisions of Point đ, Clause 2, Article 11 of the Bidding Law;

b) Open international bidding if there is at least one foreign investor or more that meets the requirements of the Request for Expression of Interest.

19.4. For projects specified in Point c, Section 19.2, instruct investors and competent persons to notify in writing of the end of invitation for interest and consider deciding to carry out one of the following two procedures:

a) Re-implement the procedure for inviting interest within the time limit decided by the competent person;

b) Review and edit the Request for Expression of Interest but must ensure compliance with the investment policy approval decision or document approving project information and re-implement the request for expression procedures.

19.5. Based on the decision of the competent person specified in Section 19.2 Instructions for investors, the entity inviting expressions of interested parties is responsible for posting the results of invitation for expression of interest and the progress monitoring table of investor selection activities or written notice of the end of the procedure for inviting interest on the System.

Section 20. Resolvision of violations in bidding

20.1. Organizations and individuals that violate the law on bidding and other relevant laws will, depending on the nature and severity of the violation, be disciplined or administratively sanctioned or be prosecuted for criminal liability; in case a violation of the law on bidding causes damage to the interests of the State, the legitimate rights and interests of organizations and individuals, compensation must be made according to the provisions of law.

20.2. In addition to being handled as prescribed in Section 20.1 Instructions for Investors, depending on the nature and severity of violations, organizations and individuals that commit prohibited acts as prescribed in Article 16 of the Bidding Law may also be subject to penalties prohibited from participating in bidding activities to select investors from 06 months to 05 years. Prohibition period from participating in bidding activities for organizations and individuals that commit violations, including individuals belonging to the entity inviting expressions of interest:

         a) Ban from participating in bidding activities for 03 to 05 years for one of the violations of Clauses 1, 2 and 4, Article 16 of the Bidding Law;

b) Ban from participating in bidding activities from 01 year to 03 years for one of the violations of Clause 5, Article 16 of the Bidding Law;

c) Ban from participating in bidding activities from 06 months to 01 year for one of the violations of Points a, b, c, d and e, Clause 6 and Clause 7, Article 16 of the Bidding Law;

For joint venture investors, the ban on participating in bidding activities applies to all joint venture members when one or several joint venture members violate the provisions of Article 16 of the Bidding Law, except for the following cases: Joint venture members who violate the provisions of Clause 4, Points b, c, d, dd Clause 5, Points a, b, c, d, e Clause 6, Clause 7 Article 16 of the Bidding Law are only prohibited from participating participate in bidding activities for that member without prohibiting participation in bidding activities for the remaining members.

20.3. In case an organization or individual commits 02 or more violations within the same scope of management of the competent person and these actions are not banned from participating in bidding activities, the competent person shall issue a decision banned from participating in bidding activities with the ban period determined by the total ban period of the violations but not exceeding 5 years.

20.4. The statute of limitations for applying the prohibition from participating in bidding activities in Section 20.2 Instructions for investors is 10 years from the date of the violation.

          20.5. The competent person shall consider and issue a decision to ban participation in bidding activities within the scope of his/her management within 15 days from the date of receipt of one of the following documents:

          a) Written request from the entity inviting expressions of interest accompanied by documents proving the violation;

          b) Recommendations on the inspection conclusions of the inspection agency, the inspection conclusions of the inspection team, and the audit results report of the state audit agency;

          c) Results of resolving recommendations of the Advisory Council for resolving recommendations;

          d) Other documents of competent state agencies that identify violations.

20.6. Depending on the nature and severity of the violation, the competent person shall prohibit participation in bidding activities as prescribed in Section 20.5 Instructions for Investors or request the Head of the central agency or the Chairman of the Provincial People's Committee to consider and issue a decision to ban participation in bidding activities within the management scope of the ministry, branch or locality. Heads of central agencies and Chairman of the Provincial People's Committee shall consider and issue a decision to prohibit participation in bidding activities within 15 days from the date of receipt of the written request for ban from participating in bidding activities of the competent person.

20.7. Based on the decision to ban participation in bidding activities posted on the National Bidding Network System, the Minister of Planning and Investment issues a decision to ban participation in bidding activities nationwide for a period of time 05 years for organizations and individuals banned from participating in bidding activities in 03 different decisions of Heads of central agencies and Chairman of Provincial People's Committees.

20.8. The decision to ban participation in bidding activities includes the following contents:

a) Name of authorized person;

b) Name of the violating organization or individual;

c) Ban period includes: ban period for violations (content of violation, legal basis for handling violations); Prohibition period for subsequent violations (if any); total ban period;

d) Scope of prohibition;

đ) Effective date: effective date and effective ending date.

          20.9. In case organizations or individuals banned from participating in bidding activities do not agree with the decision to ban participation in bidding activities, they have the right to sue in court according to the provisions of civil procedure law.

         20.10. Members of the expert group who violate the provisions of Article 16 of the Bidding Law will be handled according to the provisions of Section 20.2 Instructions for investors and have their professional certificates on bidding revoked.

CHAPTER II

EVALUATION OF PROJECT IMPLEMENTATION REGISTRATION DOCUMENTS

Section 1. Check and evaluate the validity of project registration application documents

1.1. Check the project registration application documents

Check the components of the Project Registration Application Documents, including: project registration application documents; Documents on legal status, capacity, experience of the investor and other components of the Project Registration Application Documents as prescribed in Section 10 Instructions for investors.

1.2. Evaluate the validity of project registration application documents

An investor's Project Registration Application Documents is considered valid when it fully meets the following contents:

a) Have a project registration application documents signed and stamped by the investor's legal representative (if any). For joint venture investors, the project registration application documents must be signed by the legal representative of each joint venture member or the member representing the joint venture according to the assigned responsibilities in the joint venture agreement document, stamp (if any).

The project registration application documents is considered invalid if it falls into one of the following cases:

- Not signed or stamped by the investor's legal representative (if any); The legal representative of each joint venture member or the member representing the joint venture must not sign the project registration application documents according to the assigned responsibilities in the joint venture agreement; stamp (if any) in case of joint venture;

- Signed before the entity inviting expressions of interest releases the Request for Expression of Interest, signed before obtaining the authorization letter to sign the project implementation registration document (if any), signed before signing the joint venture agreement in the case of joint venture;

- Accompanied by conditions that are disadvantageous to the competent authority, the entity inviting expressions of interest is interested or omits important contents stated in the Project Implementation Registration Form, leading to failure to ensure full responsibility and the investor's commitment during the bidding process and contract implementation if recognized as the winning bidder.

b) The investor is not named in two or more project registration application documents as an independent investor or joint venture member;

c) In case of joint venture, there is a joint venture agreement signed and sealed by the legal representative of each joint venture member (if any). The joint venture agreement must clearly state the responsibilities of the leading member of the joint venture and the general and individual responsibilities of each joint venture member according to Form No. 03 Chapter III - Expression of Interest Form;

d) The investor is not banned from participating in investor selection activities according to the provisions of law on bidding;

đ) The investor has valid status as prescribed in Section 3 of Investor Instructions.

Investors whose project registration application documents are considered "Valid" when all contents are assessed as "Satisfactory". The investor's project registration application documents is considered "Invalid" when any content is assessed as "Not met" and then the investor's project registration application documents fourth will be disqualified. Investors with valid project registration application documents will be considered and evaluated for the next step.

Section 2. Preliminary assessment of investor's capacity and experience

2.1. Use the pass or fail method to evaluate the investor's capacity and experience. Investors are considered to meet the requirements of the Request for expression of interest documents when all standards are assessed as met.

2.2. For joint venture investors:

a) The equity of the joint venture investor is equal to the total equity of the joint venture members. Each joint venture member must meet the requirements corresponding to the equity contribution according to the joint venture agreement. The leading investor in the joint venture must have a minimum equity contribution ratio of 30%, each joint venture member must have a minimum equity contribution ratio of 15%;

b) The joint venture investor's experience in implementing similar projects is equal to the total number of projects the joint venture members have implemented.

2.3. Investors can use their partners' experience to demonstrate their experience in implementing similar projects. Partner is an organization that signs a contract with an investor to participate in implementing a business investment project and is proposed by the investor in the project registration application documents based on the prescribed experience requirements in the Request for expression of interest documents.

Domestic investors are allowed to use foreign contractors as partners when registering to implement projects applying domestic invitations for interest. Request for expression of interest documents records this content if the project requires promoting the use of advanced technology, techniques, and international management experience as prescribed in Clause 5, Article 39 of Decree No. 115/2024/ND-CP]

The interested inviting party shall base on the proposal on the use of partners in the project registration application documents, the scope, content, value of work, requirements for work implementation, and other requirements (if any) agreed upon in the contract signed between the investor and the partner to evaluate the partner's ability to meet the part of work the partner participates in performing together under the contract signed with the investor.

2.4. The preliminary assessment of the investor's capacity and experience is carried out according to Table No. 01 below:


 

Table No. 01

PRELIMINARY REQUIREMENTS FOR COMPETENCE AND EXPERIENCE(*)

No.

Contents

Requirements

1

Equity requirements

The minimum equity capital the investor must mobilize is not lower than (1): VND 741,696,387,400 (In words: Seven hundred forty-one billion six hundred ninety-six million three hundred eighty-seven thousand four hundred Vietnamese Dong).

2.

Experience implementing similar projects (2)

 

2.1

Experience in investing and constructing similar works and projects

Number of projects in which the investor or member of the consortium or partner has participated as an investor contributing equity capital to the project(3) or as an economic organization established by the investor to implement the project or as a contractor: 01 Type 1 project to be assessed as qualified. The method of determining the project is as follows(4):

a) Type 1: Projects in the sector, field of social housing construction or urban areas or residential areas or housing development projects in which the investor participates as an investor contributing equity capital to the project or is an economic organization established by the investor to implement the project, completed or largely completed(5) within 07 years before the year with the deadline for submitting the application for implementation of the Social Housing Project (9.53ha) in Duc Hoa Dong commune, Duc Hoa district, Long An province and has a total investment capital/minimum total investment of(6) VND 2,225,089,162,200 (In words: Two thousand two hundred twenty five billion eighty nine million one hundred sixty two thousand two hundred Vietnamese Dong).

b) Type 2 (experience as an investor): Investment project to build social housing or urban or residential area construction works or housing development projects in which the investor participates as an investor contributing equity capital to the project or is an economic organization established by the investor to implement the project, has been completed or largely completed(5) within 07 years before the year of the deadline for submitting the application for implementation of the Social Housing Project (9.53ha) in Duc Hoa Dong commune, Duc Hoa district, Long An province and has a total investment capital/minimum total investment of(6) VND 1,854,240,968,500 (In words: One thousand eight hundred fifty-four billion two hundred forty million nine hundred sixty-eight thousand five hundred Vietnamese Dong).

c) Type 2 (experience as a contractor): Projects, bid packages, contracts in the industry, field of social housing construction or urban areas or residential areas or housing development projects in which the investor has participated as a construction contractor, completed or largely completed(5) within 07 years before the year of the deadline for submitting the application for implementation of the Social Housing Project (9.53ha) in Duc Hoa Dong commune, Duc Hoa district, Long An province and fully meeting the following conditions:

- Having works, construction items similar to the main works, main construction items of the project under consideration, which is the construction of social housing or urban areas or residential areas or housing development projects;

- Has a minimum value of VND 869,537,750,000 (in words: eight hundred sixty-nine billion five hundred thirty-seven million seven hundred fifty thousand Vietnamese Dong)(7).

d) Type 3: Projects, bid packages, contracts in the industry, field of social housing construction or urban areas or residential areas or housing development projects in which the investor has participated as a construction contractor, completed or largely completed(5) within 07 years before the year of the deadline for submitting the application for implementation of the Social Housing Project (9.53ha) in Duc Hoa Dong commune, Duc Hoa district, Long An province and fully meeting the following conditions:

- Having works, construction items similar to the main works, main construction items of the project under consideration, which is the construction of social housing or urban areas or residential areas or housing development projects;

- Has a minimum value of VND 1,043,445,300,000 (in words: one thousand forty-three billion four hundred forty-five million three hundred thousand Vietnamese Dong)(7).

Notes:

(*) For projects to build social housing and housing for the people's armed forces, the evaluation criteria comply with the provisions of housing law.

For projects to invest in renovating and rebuilding apartment buildings, the inviting party and the expert team shall supplement the criteria for preliminary evaluation of compensation and resettlement plans in accordance with the provisions of the law on housing.

(1) Equity requirements are determined on the basis of total investment capital (including preliminary total project implementation costs and other costs according to the provisions of law governing the industry and field (if any) and compensation, support, and resettlement costs (if any).

The investor's equity as prescribed in Article 6 of Decree No. 96/2024/ND-CP dated July 24, 2024 of the Government detailing a number of articles of the Law on Real Estate Business, is determined based on:

- Financial reporting results or reporting results for audited equity items performed during the year; in case there are no financial reporting results or reporting results for audited equity items performed during the year, the financial reporting results or reporting results for audited equity items of the previous year shall be used in accordance with the provisions of the law on enterprises, the law on auditing, the law on accounting;

- For enterprises established and operating for less than 12 months, the equity shall be determined according to the contributed charter capital in accordance with the provisions of the law on enterprises.

In case Decree No. 96/2024/ND-CP dated July 24, 2024 of the Government detailing a number of articles of the Law on Real Estate Business is amended, supplemented or replaced, the investor's equity shall be determined according to the provisions of the amended, supplemented or replaced document.

In case at the same time the investor participates in investing in many projects and makes long-term financial investments (if any), the investor declares a list of projects being invested in and financial investments other long-term (if any), ensuring to meet the entire amount of equity committed by the investor for all projects and other long-term financial investments according to regulations.

Investors must declare information and provide documents on financial capacity according to Form No. 05 Chapter III - Expression of Interest Form.

(2) Experience implementing similar projects:

(i) Projects, bidding packages, contracts that investors and implementing partners must ensure that they meet the technical and quality requirements according to the signed contract (for projects and bidding packages that require signing a contract) or the document approving the results of acceptance of completed works, project work items or equivalent documents of competent authorities according to the provisions of the law on construction corresponding to each period will be considered and evaluated.

(ii) Investors and partners are only allowed to cite once the experience of implementing a similar project (for type 1, type 2 in Section 2.1.b), similar bidding package, contract (for type 2 in Section 2.1.c, type 3).

In case the project, bid package, or contract is declared to demonstrate experience in implementing similar projects, including operations, business of works, and infrastructure systems to provide goods and services, it can be used to demonstrate compliance with this standard.

(iii) For projects that do not have similar projects in terms of total investment capital, based on data on the National Bidding Network System on projects that have been selected by investors, the interested party shall report to the competent authority for consideration, and stipulate in the invitation for interest documents that the experience in implementing similar projects is equal to or not lower than 90% of the level required in the invitation for interest documents of projects in the same industry or field with the closest total investment capital to the project under consideration.

(iv) For projects requiring the application of advanced technology, high technology, environmentally friendly technology, and the best available techniques to minimize environmental pollution, investors are allowed to use projects and works in which they contribute equity capital and directly implement, and the technology has been successfully put into trial operation, to demonstrate experience in similar projects and works. Similar projects must have documents proving recognized technology and techniques according to regulations of industry and sector management laws and other relevant laws.

(v) For projects in points (iii) and (iv) of this note, during the review and evaluation process, it must be ensured that the investor has full financial capacity and technical capacity to implement the project. The project implementation requirements in the bidding documents, contracts or decisions approving investors must ensure that the investor's responsibilities and handling measures (penalties, compensation for damages, handling in the next phase) are fully specified in the event that the investor implementing the project does not meet the requirements on progress and quality. The competent person is authorized to stipulate the contract performance guarantee value as 3% of the total investment capital of the project in the case of organizing a bidding to select an investor or the appropriate level of project performance guarantee in accordance with the provisions of the law on investment in the case of applying the investor approval procedure.

(vi) For type 2 and type 3 projects, in case the investor or partner participates as a joint venture contractor, only the value of the work directly performed in the joint venture can be used to certify Demonstrate similar bidding packages and contracts.

(3) An investor contributing equity capital to a project is an investor who has contributed equity capital to the project (in case the investor does not establish an economic organization to implement the project), or a founding shareholder (in case the investor establishes an economic organization to implement the project), or an investor who receives the transfer of shares or capital contributions from founding shareholders before the project is put into operation.

(4) Ways to convert projects:

- The project used to evaluate the investor's capacity and experience is a Type 1 project (base project); Project type 1 is only met when >=1 project. When evaluated, Type 2 and 3 projects will be converted to Type 1 projects.

- Specifically:

+ 01 project of Type 2 is equal to 0.7 projects of Type 1; Type 2 projects only meet the requirements when after conversion >=1.

Example 1: Investor has 02 Type 2 projects, converted to Type 1 = 0.7 x 2 = 1.4>=1. Meet the requirements.

Example 2: Investor has 01 Type 2 project, converted to Type 1 = 0.7 x 1 = 0.7 <1. Does not meet requirements.

+ 01 project of type 3 is equal to 0.5 projects of type 1; Type 3 projects only meet the requirements when after conversion >=1.

Example 1: Investor has 02 Type 3 projects, converted to Type 1 = 0.5 x 2 = 1.0>=1. Meet the requirements.

Example 2: Investor has 01 Type 3 project, converted to Type 1 = 0.5 x 1 = 0.5 <1. Does not meet requirements.

(5) Completed or largely completed:

- A completed project is a project in which all construction items have been accepted and are eligible to be put into operation and use according to the provisions of construction law.

- A completed project is a project that falls into one of the following two cases:

+ At least 50% of the value of the work volume has been accepted during the construction phase or construction part according to the provisions of the law on construction. In case the project has not yet accepted at least 50% of the value of the work volume, the value of the work volume accepted must be at least equal to the total investment capital/total investment of the project under consideration;

+ At least 50% of the number of construction items have been accepted and are eligible to be put into operation and use in each part according to the construction phase according to the provisions of the law on construction;

- A completed bid package or contract is a bid package or contract in which the construction work or construction item has been accepted as completed according to the provisions of the law on construction.

- Completed packages and contracts are mostly packages and contracts that have been completed and accepted for at least 50% of the value of the work volume of the project/project item.

(6) For projects that have not clearly determined the total investment value in the approval documents and project contracts, the investor must provide supporting documents to determine this value.

(7) In the case where the investor or partner has carried out works or construction items similar to the main work or construction item of the project under consideration in the same project, the investor or partner shall add up the total value of these works or construction items to prove their similar experience.

(8) An operational project/package/contract is a project/package/contract that has completed the operational phase or is in the operational phase for at least 03 months; in the case where the project/package/contract has multiple works, the main work is in the operational phase for at least 03 months, unless otherwise provided by the laws governing the sector or field.


 

CHAPTER III. EXPRESSION OF INTEREST FORM

 

1. Form No. 01: Project implementation registration document

2. Form No. 02: Authorization letter

3. Form No. 03: Joint venture agreement

4. Form No. 04: Information about investors and implementing partners

5. Form No. 05: Financial capacity of the investor

6. Form No. 06: Experience in implementing similar projects

Form No.01

SOCIALIST REPUBLIC OF VIETNAM

Independence - Freedom - Happiness

 

PROJECT IMPLEMENTATION REGISTRATION DOCUMENT (1)

(Location), date ____ month ____ year ___

To: ___  [Specify the name of the entity inviting expressions of interest]

 

After studying the request for expression of interest of project ___ [specify name of project] issued by [specify name of the entity inviting expressions of interest] (hereinafter referred to as the entity inviting expressions of interest) issued on___ [specify the start date of issuing the request for expression of interest to investors] and the document amending the request for expression of interest No. ___ dated___ [specify number and date of the amended document (if any)], we, ___ [specify name of investor] submit the project registration application for the above project. The registration application for this project is submitted without any conditions or constraints attached.

We are ready to provide the entity inviting expressions of interest with any additional information or necessary clarification upon request by the entity inviting expressions of interest.

We commit (2):

1. Only participate in one registration application to implement this project as an independent investor and joint venture member.

2. Not in the process of dissolution; must not be found to be in bankruptcy or unable to pay debts according to the provisions of law.

3. Do not violate regulations on competition assurance.

4. Do not commit acts of corruption, bribery, collusion, obstruction and other violations of the law on bidding when participating in this project.

5. The information declared in the project registration application is accurate and truthful.

6. Our proposed partner in this project application to demonstrate experience in implementing similar projects will be __ [specify partner's role as construction contractor or operating contractor] after winning the bid or being approved (3).

7. We agree and commit to bear all related responsibilities for all obligations of investors during the investment process.

Legal representative of the investor (4)

[Specify name, title, signature and seal (if any) (5)]

 

Notes:

(1) Investors should note that they must write down complete and accurate information about the name of the entity inviting expressions of interest and investor.

(2) In case an investor is found to violate these commitments, the investor will be considered to have committed fraud, the Project Registration Application Documents will be rejected and the investor will be handled for violations according to regulations.

(3) Does not apply to cases where the investor does not use a partner to implement the project.

(4) For independent investors, the project registration application documents must be signed and stamped by the investor's legal representative. For joint venture investors, the project registration application documents must be signed by the legal representative of each joint venture member or of the joint venture members according to the assigned responsibilities in the signed and sealed joint venture agreement document (if any).

The legal representative of the investor/joint venture member is determined according to the provisions of Section 13 Instructions for Investors.

(5) In case the foreign investor does not have a seal, it must provide confirmation from a competent organization about the signature in the project registration application documents and other documents in the real registration dossier. Currently the project belongs to the investor's legal representative.


 

Form No.02

AUTHORIZATION LETTER

Today, date ___ month ___ year ___, at ___

I am___[specify name, identity card number/passport number/citizen identification number, title of legal representative of investor], the legal representative of ___[specify name of investor] with address at ___[specify investor's address], hereby authorizes: ___[ specify name, identity card number/passport number/citizen identification number, title of the mandatory] carry out the following tasks during the process of participating in investor selection for project ___ [specify project name] organized by___[specify name of the entity inviting expressions of interest]:

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

- Sign the project registration application documents;

- Sign documents and documents to transact with the entity inviting expressions of interest during the application process, including written requests to clarify the invitation for interested documents and written explanations and clarifications of the implementation registration documents project;

- Sign form of the tender;

- Sign documents and documents to transact with the bidding party during the process of participating in investor selection, including written requests for clarification of bidding documents, written explanations, and clarification of bid documents;

- Sign petition documents in investor selection (if any);

- Other jobs (specify the content of the jobs, if any)].

The above mandatory only performs tasks within the scope of authorization as a legal representative of ___ [specify name of investor].______ [specify name of legal representative of investor ] is fully responsible for the work performed by_______ [specify name of mandatory] within the scope of authorization.

The authorization letter is effective from date ____ to date ____(1). This authorization letter is made into ____ originals with equal legal value. The mandator keeps ____ originals. The mandatory keeps ____ originals. Attached is the original project registration application documents (01) original./.

Mandatory

[Specify name, title, signature and seal (if any)2)]

Mandator

[Specify name of the investor's legal representative, title, signature and seal (if any)(3)]

 

Notes:

(1) Specify the effective date and expiration date of the authorization letter in accordance with the bidding process.

(2), (3) The use of a seal in case of authorization can be the investor's seal or the seal of the unit to which the relevant individual is authorized.


 

Form No.03

 JOINT VENTURE AGREEMENT

(Location), date___ month___ year___

We, representing the parties signing the joint venture agreement, are of:

Name of joint venture member:___ [Specify the name of each joint venture member]

- Country where registered:

- Tax code:

- Address:

- Phone:

- Fax:

- Email:

- Legal representative:

- Position:

Authorization letter No. ___ day___ month ___ year ___ (authorized case).

The parties (hereinafter referred to as members) agree to sign a joint venture agreement with the following contents:

Article 1. General principles

1. Members voluntarily form joint ventures to participate in project bidding ___ [Specify the name of project].

2. The members agree on the name of the joint venture for all transactions related to the project:___ [Specify the name of the joint venture according to the agreement].

Transaction address of the Joint Venture:

Phone:

Fax:

Email:

Representative of the Joint Venture:

3. Members commit that no member is allowed to independently participate or enter into a joint venture with another investor to participate in project bidding.

Article 2. Assignment of responsibilities

Members agreed to assign responsibilities to perform tasks in the bidding process to select investors for the project as follows:

1. The parties agreed to an agreement for ___ [Specify a member’s name] is the leading member of the joint venture, representing the joint venture to carry out work in the process of completing, submitting, clarifying, and amending project registration application documents in cases where bidding must be organized according to regulations. regulations of law governing industries and fields.

2. Roles and responsibilities of consortium members (1)[ Specify the roles and responsibilities of each joint venture member and write the percentage of equity contribution in the joint venture.]:

No.

Member's name

Participation role [Specify the work that the member undertakes (financial arrangements, construction, management, operation,...]

Owner's equity

Value

Ratio %

1

Member 1 [Head of the joint venture]

 

 

[minimum 30%]

2

Member 2

 

 

[minimum 15%]

3

Member 3

 

 

[minimum 15%]

.....

 

 

 

 

Total

....

100%

3. The members commit that no member shall arbitrarily participate independently or in a consortium with another investor to participate in the selection of an investor for this project. In case of winning the bid, no member shall have the right to refuse to perform the responsibilities and obligations stipulated in the contract. In case a member of the consortium refuses to fulfill his/her own responsibilities as agreed, that member shall be handled as follows:

- Compensate for damages to the parties in the consortium;

- Compensate for damages to the competent authority as stipulated in the contract;

- Other forms of handling ____ [specify other forms of handling].

Article 3. Effect of joint venture agreement

1. The joint venture agreement takes effect from the date of signing.

2. The joint venture agreement will terminate in the following cases:

- The parties agree to mutually terminate;

- There is a change in consortium members. In this case, if the change in joint venture members is approved by the entity inviting expressions of interest, the parties must establish a new joint venture agreement;

- The joint venture does not meet the preliminary requirements for capacity and experience;

- End of solicitation of interest procedure;

The joint venture agreement is made in ___ originals, each joint venture member keeps ___ originals, and submits 1 original with the project registration application. All originals have the same legal value.

Legal representative of each joint venture member (2)

[Specify name of each member's legal representative, title,

signature and seal (if any)3)]

 

Notes:

(1) The investor must list the participation role and equity contribution ratio of each joint venture member.

(2) The legal representative of each joint venture member can be a legal representative or an authorized legal representative.

(3) In case a joint venture member is a foreign investor without a seal, confirmation from a competent organization must be provided that the signature in the joint venture agreement is that of the member's legal representative of joint venture member.

 

 

 

 

Form No.04

 

INFORMATION ABOUT INVESTORS AND IMPLEMENTING PARTNERS

(Location)___, date___ month___ year___

I. Information about investors/joint venture members (1)

1. Name of investor/joint venture member:

2. Country where the investor/joint venture member is registered:

3. Year of establishment:

4. Legal address of the investor/joint venture member in the country of registration:

5. Information about the legal representative of the investor/joint venture member:

- Name:

- Address:

- Phone/fax:

- E-mail:

6. Investor's organizational chart.

II. Information about implementing partners

No

Name of partner (2)

Country where registered operations

Role of participation (3)

Value and volume of work involved (4)

Legal representative

Contract or written agreement with partner (5)

1

Company 1

 

[Financial provision organization]

 

 

 

2

Company 2

 

[Construction contractor]

 

 

 

3

Company 3

 

[Operating Contractor/Management]

 

 

 

 

…..

 

 

 

 

 

 2. Information about ongoing projects/bids/partner contracts

[Investors list experience in implementing similar projects as required in the Request for expression of interest]

1. Project No. 01: ___ [Specify the name of project]

Name of partner carrying out the project

1

Contract No. Signing date:

2

Project/ bidding package/contract name:

3

Project investment fields:

4

Participate in the project with the role of:

‚ Independent investor ‚ Joint venture member

‚ Construction contractor ‚ Operating contractor

5

Name of competent authority/representative of competent authority (for project); Investor/investor representative (for bidding packages)

Address:

Name of contact person:

Phone:

Fax:

Email:

6

Detailed information

Brief description of the scope, content, value of work, work performance requirements, other requirements (if any) of the project/bid package/contract being implemented

 

- Brief description of the work carried out:

- Value of the work(s) performed:

(Value and currency) equivalent to VND. . .

 

- Brief description of the work remaining to be done:

- Value of the work(s) remaining to be done:

(Value and currency) equivalent to VND. . .

- Requirements for performing the work:

- Other requirements (if any):

 

History of disputes and litigation:

2. Project No. 02:___ [Specify the name of project]

 

Legal representative of the investor

[Specify name, title, signature and seal (if any)]

 

Notes:

(1) In case of a joint venture investor, each joint venture member must declare according to this Form. Investors/joint venture members need to submit a photocopy of one of the following documents: Business registration certificate or establishment decision or document of equivalent value issued by a competent authority with domestic investors; For foreign investors, there must be documents proving registration of establishment and operation according to foreign law.

(2) The investor must specifically state the names of partners participating in the project implementation. In case the participants are interested and have not specifically determined the identities of the partners, they do not have to declare in this column but only declare in the "participation role" column. After that, if you win the bid, when mobilizing partners to perform the declared work, you must notify the bidding party.

(3) Investors specifically write down the participating roles of each partner.

(4) In case of using a partner's experience to prove its own experience, the investor must propose the value and amount of work that the partner participates in the project. Then, if the bid is won, the value and volume of work that the partner participates in the project must be stated in the contract.

(5) The investor must specify the contract number or agreement, along with certified copies of those documents. The contract or written agreement with the partner must be signed with the legal representatives of the parties. The legal representative of the parties is the legal representative of the parties or the person authorized by the legal representative of the parties.

 


Form No.05

FINANCIAL CAPACITY OF THE INVESTOR (1)

1. Name of investor/joint venture member:

2. Information about the financial capacity of investors/joint venture members (2):

a) Summary of financial figures (3):

No.

Contents

Value

I

Owner’s equity committed to use for the project

 

II

Figures on investor equity

 

1

Total owner's equity

 

2

Committed equity for ongoing projects(4) (excluding disbursed capital for ongoing projects and other long-term financial investments (if any))

 

3

Owner's equity must be retained according to regulations

 

b) Attached documents (5)

- Financial statements or reports on items of equity that have been audited during the year; in case there are no financial statements or reports on items of equity that have been audited during the year, submit financial statements or reports on items of equity that have been audited during the year in accordance with the provisions of the law on enterprises, the law on auditing, and the law on accounting.

- For enterprises established and operating for less than 12 months, the equity is determined according to the contributed charter capital in accordance with the provisions of the law on enterprises. In this case, documents proving the charter capital of the enterprise must be attached.

- Reports provided by investors must ensure compliance with legal regulations on finance and accounting, and reflect the individual financial situation of the investor or joint venture member (if a joint venture investor) but not the financial situation of an affiliated entity such as a parent company or a subsidiary or a company affiliated with an investor or joint venture member.

- List of ongoing projects and other long-term financial investments in case at the same time the investor participates in investing in many projects and other long-term financial investments (if any).

 

Legal representative of the investor

[Specify name, title, signature and seal (if any)]

 

Notes:

(1) In case of a joint venture investor, each joint venture member must declare according to this Form.

(2) Investors are responsible before the law for the accuracy and legality of the data, documents provided related to equity, equity allocation for ongoing projects and other long-term financial investments (if any). In case the declared information is discovered to be inaccurate, falsifying the evaluation results, it will be considered fraud according to the provisions of Clause 4, Article 16 of the Bidding Law and disqualified.

(3) Based on the requirements and nature of the project, the entity inviting expressions of interest is interested, the expert group adds appropriate information.

(4) In case at the same time the investor participates in investing in many projects and other long-term financial investments (if any), the investor declares a list of ongoing projects and other long-term financial investments (if any), ensuring that the entire amount of equity capital committed by investors is met for all projects and other long-term financial investments according to regulations.

(5) Based on the requirements and nature of the project, the entity inviting expressions of interest may supplement the documents the investor must submit to prove financial capacity (for example: tax finalization inspection minutes, self-declaration of tax finalization; documents proving that the investor has declared electronic tax finalization; written confirmation from the tax administration agency; etc.)

 

 

 

 

 

 

 

 


 

Form No.06

EXPERIENCE IN SIMILAR PROJECT IMPLEMENTATION (1)

(Location)___, date___ month___ year___

[Investors list experience in implementing similar projects as required in the Request for expression of interest]

1. Project No. 01: ___ [Specify the name of project]

Name of investor/joint venture member/partner carrying out the project

1

Contract No. Signing date:

2

Project/ bidding package/contract name:

3

Project investment fields:

Type of project/package/contract:

4

Participate in the project with the role of:

‚ Independent investor ‚ Joint venture member

‚ Construction contractor ‚ Operating contractor

‚ Contractor directly providing goods/services

‚ Economic organization established by the contractor to implement the project

5

Name of competent authority/representative of competent authority (for project); Investor/investor representative (for bidding packages)

Address:

Name of contact person:

Phone:

Fax:

Email:

6

Detailed information

6.1

In case of participation in project implementation as an investor contributing equity capital to the project or as an economic organization established by the investor to implement the project

 

Total investment (total investment capital):

 

Scale and capacity:

 

Project level:

 

Quantity and type of goods and services provided:

 

Project progress and quality (2):

‚ Currently in the construction phase, project items have been accepted___ [Specify the quantity and value of completed construction items].

‚ The project has been accepted and is eligible for exploitation and use

‚ Accepted value of work volume___[Specify value, percentage of accepted work volume value according to regulations of law on construction].

‚ In operation phase: ___ [Specify the operating time from the date the project or work moves into the operating phase].

‚ Finished

 

History of disputes and litigation:

 

Brief description of special technical/operational requirements:

6.2

In case of participating in project implementation as a contractor:

 

Total investment (total investment capital):

 

Scale and capacity:

 

Project level:

 

Quantity and type of goods and services provided:

 

Scope of work involved in implementation:

[Specify quantity and name(s) of construction item(s)]

 

Value of work involved in implementation:

(Value and currency) equivalent . . . VND

[Specify the value of each project item]

 

Project progress and quality(3):

The project and project items have been accepted to be eligible for exploitation and use

The construction phase, project items have been accepted___ [Specify the quantity and value of completed construction items, specify which construction items are eligible to be put into operation and use in each part according to the construction phase according to the provisions of the law on construction].

Accepted value of work volume___[Specify value, percentage of accepted work volume value according to regulations of law on construction].

In operation phase: ___ [Specify the operating time from the date the project or work moves into the operating phase].

The operational phase has finished.

 

History of disputes and litigation:

 

Brief description of special technical/operational requirements:

2. Project No. 02:___ [Specify the name of project]

 

Legal representative of the investor

[Specify name, title, signature and seal (if any)]

Notes:

(1) The entity inviting expressions of interest can adjust and supplement the information declaration requirements in this Form to comply with the Preliminary Requirements on investor experience.

(2), (3) The investor provides documents from competent authorities certifying that the project or project item is eligible to be put into operation and use in accordance with the law on construction or issues a certificate of business eligibility or confirm eligibility for exploitation and use according to the provisions of law on industry and field management and one or the following documents:

- Decision approving the investment policy or decision approving the investment policy concurrently with the investor approval, investment registration certificate or equivalent document according to the provisions of the corresponding investment law in each period.

- Contract signed between competent authority and investor (for projects and bidding packages requiring contract signing).

- Document approving the results of acceptance of completed works, project work items or equivalent documents from the competent authority according to the provisions of construction law corresponding to each period.

For project operation and business experience, the investor must provide documents certified by a competent authority that the operation meets the requirements according to the provisions of law on industry and field management and other relevant laws related documents or documents proving the civil transactions that have been performed.

 


PART 2. PROJECT IMPLEMENTATION REQUIREMENTS

Pursuant to Decision No. 12401/QD-UBND dated December 29, 2023 of the People's Committee of Long An province on approving the investment policy of the Social Housing Project (9.53ha) in Duc Hoa Dong commune, Duc Hoa district, Long An province,

Requirements for project implementation include:

1. Name of project; Investment objectives and investment scale of the project

1.1. Project name: SOCIAL HOUSING AREA (9.53 ha) IN DUC HOA DONG COMMUNE, DUC HOA DISTRICT, LONG AN PROVINCE

1.2. Project investment objectives: Investing in the construction of social housing for sale and rental according to housing laws, synchronizing technical and social infrastructure according to approved planning

1.3. Investment scale of the project

1.3.1. Land use area: about 9.53 hectares

1.3.2. Population scale: about 7,283 people.

1.3.3. Construction scale

- Land area for housing construction: 30,532.32 m2.

- Housing construction floor area: 249,580.2 m2.

- Type of housing: high-rise house.

- Number of houses: about 2,895 apartments.

The detailed scale of the project is determined specifically according to the detailed construction planning project at a scale of 1/500 approved by competent authorities.

1.3.4. Preliminary structure of housing products

- Housing type: apartment-type social housing.

- Specific housing product structure according to detailed construction planning project at 1/500 scale approved by competent authorities.

2. Total investment capital of the project: VND 3,708,481,937,000 (in words: Three thousand seven hundred and eight billion, four hundred eighty one million, nine hundred thirty-seven thousand Vietnamese Dong). In which:

2.1. Preliminary total cost of project implementation: VND 3,478,151,000,000 (in words: Three thousand four hundred seventy-eight billion, one hundred fifty-one million Vietnamese Dong).

2.2. Compensation, support, and resettlement costs: VND 230,330,937,000 (in words: Two hundred thirty billion, three hundred thirty million, nine hundred thirty-seven thousand Vietnamese Dong).

3. Project implementation location: Duc Hoa Dong commune, Duc Hoa district, Long An province.

4. Purpose of using land; current land use status:

4.1. Land use purpose: Follow the provisions of land law.

4.2. Current land use status

No.

Type of land

Symbol

Area (m2)

Ratio (%)

1

Annual plant

CHN

91,890.8

96.39

2

Residential land in rural area

ONT

2583

2.7

3

Traffic land

DGT

856.1

0.91

Total:

95.329,9

100

5. Area of land for project implementation: about 9.53 hectares.

6. Planning indicators:

- Investors must complete the investment in infrastructure construction including service works, technical infrastructure works, and social infrastructure according to the approved 1/500 detailed construction planning; ensure connection with the region's common infrastructure system; Ensure the provision of essential services including electricity supply, water supply, drainage, waste collection according to the provisions of law on urban planning, construction, urban development, real estate business, housing and relevant legal regulations.

- Investors must comply with environmental technical regulations on environmentally safe distances from residential areas to production, business, service and warehouse facilities specified in Point d, Clause 2, Article 53 of the Law on Environmental Protection 2020, regulations of environmental law, and relevant legal regulations.

7. Project deadline and progress

7.1. Operational term of the project: 50 years (calculated from the date the investor decides to allocate land, decides to lease land, decides to change land use purpose).

7.2. Project implementation schedule: 04 (four) years from the date of investor approval decision.

8. Investment incentives and guarantees: According to current law regulations.

9. Other related contents: See more in Decision No. 12401/QD-UBND dated December 29, 2023 of the People's Committee of Long An province on approving the investment policy of the Social Housing Project (9.53ha) in Duc Hoa Dong commune, Duc Hoa district, Long An province./.

Source: The Department of Planning and Investment of Long An province

 

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