The construction investment project for the treatment of solid waste as prescribed by the Law on Environmental Protection falls under the category of bidding for investor selection.
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Decree No. 115/2024/ND-CP stipulates that investment projects using land that fall under the category of mandatory bidding for investor selection according to land laws include:
Investment projects using land as prescribed in Point a, Clause 1, Article 126 of the Land Law.
Investment projects using land as prescribed in Point b, Clause 1, Article 126 of the Land Law, including:
– Investment projects for the construction of solid waste treatment facilities as prescribed by environmental protection laws;
– Investment projects for the construction of water supply facilities as prescribed by laws on the production, supply, and consumption of clean water;
– Investment projects for the construction of markets as prescribed by laws on market development and management;
– Investment projects for the construction of rest stops as prescribed by road management laws;
– Investment projects for the construction of aviation service facilities at airports, which fall under the category of mandatory bidding according to civil aviation laws;
– Investment projects in the fields of education, healthcare, culture, sports, and environment that fall under the category of mandatory bidding according to the Law on Socialization when there are two or more investors interested and registered to implement, excluding the projects mentioned in Points a and b above;
– Investment projects for the construction of social housing, reconstruction of apartment buildings, and housing for the armed forces, which fall under the category of mandatory bidding according to housing laws when there are two or more investors interested and registered to implement. This point does not include social housing projects mentioned in Points a, b, and c of Clause 4, Article 84 of the Housing Law No. 27/2023/QH15; reconstruction of apartment building projects mentioned in Clauses 1 and 2, Article 68 of the Housing Law No. 27/2023/QH15; and investment projects for the construction of housing for the armed forces mentioned in Clause 1, Article 106 of the Housing Law No. 27/2023/QH15;
– Investment projects for horse and dog racing tracks, including business activities related to horse and dog racing betting, which fall under the category of mandatory bidding according to the Law on Business Activities related to Horse and Dog Racing Betting and International Football Betting when there are two or more investors interested and registered to implement, and the Prime Minister has approved the investment proposal in accordance with investment laws and industry-specific regulations;
– Investment projects for the construction of energy facilities that fall under the category of mandatory bidding according to electricity laws when there are two or more investors interested and registered to implement;
– Other projects falling under the category prescribed in Article 79 and Point b, Clause 1, Article 126 of the Land Law.
Investor Selection Process
For projects applying the open bidding or limited bidding method with a one-stage one-envelope procedure as prescribed in Clause 1, Article 35 of the Bidding Law: Announce the investment project using land; prepare for investor selection through bidding; organize bidding for investor selection; evaluate bidding documents; present, appraise, approve, and publicly announce the investor selection results; negotiate, finalize, and sign the contract.
For projects requiring architectural works of value as prescribed by architectural laws, applying the open bidding method with a one-stage two-envelope procedure as prescribed in Clause 2, Article 35 of the Bidding Law: Announce the investment project using land; prepare for investor selection through bidding; organize bidding for investor selection; evaluate technical proposals; evaluate financial proposals; present, appraise, approve, and publicly announce the investor selection results; negotiate, finalize, and sign the contract.
For projects with specific socio-economic development requirements for a particular industry, region, or locality, but with unclear technical, social, or environmental standards, applying the open bidding method with a two-stage one-envelope procedure as prescribed in Clause 3, Article 35 of the Bidding Law: Announce the investment project using land; prepare for the first stage of investor selection through bidding; organize bidding for the first stage of investor selection; prepare and organize bidding for the second stage of investor selection; evaluate bidding documents for the second stage; present, appraise, approve, and publicly announce the investor selection results; negotiate, finalize, and sign the contract.
Incentives in Investor Selection
Decree No. 115/2024/ND-CP also clearly defines the investors eligible for incentives and the incentive levels.
Specifically, investors who apply advanced, high, or environmentally friendly technologies, or the best available techniques to minimize negative environmental impacts for projects belonging to the high-risk group of causing adverse effects on the environment as prescribed by environmental protection laws shall enjoy a 5% incentive during the evaluation of bidding documents;
Investors who commit to transferring technology and engaging in high-tech activities for high-tech technologies and products included in the List of High-Tech Fields Encouraged for Investment and Development and the List of High-Tech Products Encouraged for Development, issued by the Prime Minister in accordance with laws on high technology, or in the List of Technologies Encouraged for Transfer as prescribed by laws on technology transfer, shall enjoy a 2% incentive during the evaluation of bidding documents.
When participating in bidding, investors must submit documents proving the application of advanced, high, or environmentally friendly technologies, the best available techniques, and the legal right to use the technology in accordance with laws on high technology, technology transfer, environmental protection, and other relevant fields to be eligible for the incentives.
Investors eligible for the above incentives and selected for contract signing must fulfill their commitments made in the bidding documents and the investment project contract with land use.
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