CIRCULAR

AMENDMENTS TO CERTAIN ARTICLES OF CIRCULAR NO. 23/2021/TT-BGTVT DATED November 05, 2021 OF THE MINISTER OF TRANSPORT OF VIETNAM  guiding production, approval, and announcement of list of projects; methods and criteria of bid evaluation and bidding for investors of airport service works at airports and aerodromes

Pursuant to the Vietnam Law on Civil Aviation dated June 29, 2006 and the Law on amendments to the Vietnam Law on Civil Aviation dated November 21, 2014;

Pursuant to the Law on Procurement dated November 26, 2013;

Pursuant to the Land Law dated November 29, 2013;

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

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

Pursuant to Decree No25/2020/ND-CP dated February 28, 2020 of the Government elaborating on certain Articles of the Law on  Bidding regarding investor selection;

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Pursuant to Decree No. 05/2021/ND-CP dated January 25, 2021 of the Government on management and operation of airports and aerodromes;

Pursuant to Decree No. 31/2021/ND-CP dated March 26, 2021 of the Government on elaborating to Law on Investment;

At the request of Director General of Transport Infrastructure Department and Director General of Civil Aviation Authority of Vietnam;

The Minister of Transport hereby promulgates a Circular on amendments to certain Articles of Circular No. 23/2021/TT-BGTVT dated November 05, 2021 of the Minister of Transport guiding production, approval, and announcement of list of projects; methods and criteria of bid evaluation and bidding for investors of airport service works at airports and aerodromes.

Article 1. Amendments to certain Articles and Appendices of Circular No. 23/2021/TT-BGTVT dated November 05, 2021 of the Minister of Transport of Vietnam guiding production, approval, and announcement of list of projects; methods and criteria of bid evaluation and bidding for investors of airport service works at airports and aerodromes (hereinafter referred to as “Circular No. 23/2021/TT-BGTVT)

1. Amendments to Article 8:

“Article 8. Preparation and submission of dossiers on project registration

1. Investors are responsible for preparing and submitting applications for project registration based on information announced in accordance with Clause 2 Article 7 hereof.  An application for project registration of an investor consists of: the application form; documents regarding legal status, capacity, and experience of the investor; other relevant documents (if any). The submission of the applications for project registration shall comply with regulations in Circular No. 10/2022/TT-BKHDT dated June 15, 2022 of the Minister of Planning and Investment elaborating the provision, update of information and selection of investors on the National Bidding Network System.

2. Once the deadline for project registration expires, Civil Aviation Authority of Vietnam shall assess capacity and experience of investors who have submitted their applications for project registration.".

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“2. For airports and aerodromes in operation, minimum payment to state budget (m₃) is determined using the formula below:”

3. Addition of Clause 3 of Article 16:

“3. For new airports and aerodromes, the land areas of which have been cleared and compensated for using state budget capital, minimum payment to state budget (m₃) is determined using the formula below:

m₃ = g x s

Where:

- g: highest price per square meter approved by the People’s Committee to calculate the amount of compensation for land expropriation by the State in order to construct airports and aerodromes (up to the point of time when the bidding documents for investor selection are approved);

- s: land area of the project site stated in the paragraph concerning “estimated land use demands” in documents presenting list of projects approved by the Ministry of Transport according to regulations in Article 6 hereof.

The land area is valued for relativity, is a ground for the investor to propose submission of state budget and is independent of the land rent payable by the investor according to regulations of land law.".

4. Amendments to Clause 2 Section 6 Chapter I Appendix II:

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5. Amendments to Section 1.2 CDNDT Chapter II Part 1 Appendix IV:

“Estimated total project cost (m1): _____ [specify the estimated total project cost that have been approved in the list of projects].

- Estimated cost for compensation, support and resettlement (m2): _____ [specify the estimated cost for compensation, support and resettlement of the land area requiring support or resettlement which is determined in Clause 2 Article 15 of this Circular].

- Minimum payment to state budget (m3): ____ [specify the minimum payment to state budget which is determined according to regulations in Clause 2 Clause 3 Article 16 of this Circular].”.

Article 2. Entry into force and responsibilities for implementation

1. This Circular comes into force from June 29, 2023.

2. Chief of the Ministry Office, Chief Inspector of the Ministry, Director Generals of Departments, Director of Transport Construction Investment Management Authority, Director General of Civil Aviation Authority of Vietnam, Heads of relevant agencies, organizations and individuals are responsible for the implementation of this Circular./.

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Thông tư 12/2023/TT-BGTVT sửa đổi Thông tư 23/2021/TT-BGTVT hướng dẫn về lập, phê duyệt, công bố danh mục dự án; phương pháp, tiêu chuẩn đánh giá hồ sơ dự thầu và đấu thầu lựa chọn nhà đầu tư các công trình dịch vụ chuyên ngành hàng không tại cảng hàng không, sân bay do Bộ trưởng Bộ Giao thông Vận tải ban hành