CIRCULAR

PRESCRIBING BID EVALUATION CRITERIA AND FORMS OF BIDDING DOCUMENTS FOR SELECTING INVESTORS EXECUTING ENERGY PROJECTS

Pursuant to the Government’s Decree No. 96/2022/ND-CP dated November 29, 2022 defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade of Vietnam;  

Pursuant to the Government’s Decree No. 26/2018/ND-CP dated February 28, 2018 introducing the Charter on organization and operation of Vietnam Electricity (EVN);

Pursuant to the Government’s Decree No. 105/2024/ND-CP dated August 01, 2023 providing amendments to the Government’s Decree No. 96/2022/ND-CP dated November 29, 2022 defining the functions, tasks, powers and organizational structures of the Ministry of Industry and Trade of Vietnam and the Government’s Decree No. 26/2018/ND-CP dated February 28, 2018 introducing the Charter on organization and operation of Vietnam Electricity (EVN);

Pursuant to the Law on Electricity dated December 03, 2004;

Pursuant to the Law on amendments to the Law on Electricity dated December 20, 2012;

Pursuant to the Law on amendments to some articles concerning planning of 11 laws dated June 15, 2018;

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Pursuant to the Government’s Decree No. 137/2013/ND-CP dated October 21, 2013 providing guidelines for implementation of the Law on Electricity and the Law on amendments to the Law on Electricity;

Pursuant to the Government’s Decree No. 115/2024/ND-CP dated September 16, 2024 elaborating and providing guidelines for implementation of the Law on Bidding regarding selection of investors executing investment projects involving land use;

At the request of the Director of Electricity and Renewable Energy Authority;

The Minister of Industry and Trade of Vietnam promulgates a Circular prescribing bid evaluation criteria and forms of bidding documents for selecting investors executing energy projects.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Circular elaborates: 

1. Clause 2 Article 49 of the Government’s Decree No. 115/2024/ND-CP dated September 16, 2024 elaborating and providing guidelines for implementation of the Law on Bidding regarding selection of investors executing investment projects involving land use (hereinafter referred to as “Decree No. 115/2024/ND-CP”) regarding the criteria for evaluation of investment efficiency in sector/industry/local development of energy projects.

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3. Forms of bidding documents for selecting investors executing energy projects.

Article 2. Regulated entities 

1. Organizations and individuals involved in bidding for selection of investors executing the projects prescribed in clause 6 Article 3 of the Decree No. 137/2013/ND-CP dated October 21, 2013 providing guidelines for implementation of the Law on Electricity and the Law on amendments to the Law on Electricity, which is added according to clause 1 Article 70 of the Decree No. 115/2024/ND-CP.

2. Organizations and individuals that carry out selection of investors executing energy projects other than those prescribed in clause 1 of this Article may apply provisions of this Circular at their discretion.

Article 3. Definitions

For the purposes of this Circular, these terms shall be construed as follows:

1. “power buyer” means Vietnam Electricity (EVN) (or its authorized unit), Northern Power Corporation, Central Power Corporation, Southern Power Corporation, Hanoi City Power Corporation, or Ho Chi Minh City Power Corporation.

2. “EOI requester” means an agency or unit affiliated to the Ministry of Industry and Trade of Vietnam; a specialized agency, agency or unit affiliated to a provincial People's Committee; an agency or unit affiliated to an economic zone management board (for a project located in an economic zone); or a district-level People's Committee that is assigned to carry out procedures for invitation for EOI (Expression of Interest).

3. “competent authority” means an authority that approves investment guidelines as prescribed in the Law on Investment or authority making decision to conduct bidding for investor selection. In respect of a project whose investment guidelines are subject to approval given by the National Assembly or the Prime Minister, the competent authority shall be the authority making decision to conduct bidding for investor selection.

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Article 4. Preparation of invitation for EOI, EOI request and bidding documents for energy projects

1. Invitation for EOI and EOI request are made using the forms in Appendix I enclosed herewith.

2. Bidding documents are made using the form in Appendix II enclosed herewith and applied to projects applying competitive bidding or limited bidding under single-stage one-envelope procedure or two-stage one-envelope procedure, and must comply with provisions of the Law on Bidding dated June 23, 2023 and the Decree No. 115/2024/ND-CP.

3. Draft power purchase agreements are prepared on the following grounds:

a) For projects on construction of thermal power plants using natural gas or liquefied natural gas (LNG) or hydroelectric power plants (excluding small hydroelectric power plants), a draft power purchase agreement is prepared on the grounds prescribed in the Circular No. 07/2024/TT-BCT dated April 12, 2024 of the Minister of Industry and Trade of Vietnam.

b) For projects on construction of biomass power plants, excluding the power plants that apply power purchase price mechanisms laid down in documents issued by competent authorities, a draft power purchase agreement is prepared on the grounds prescribed in the Circular No. 07/2024/TT-BCT dated April 12, 2024 of the Minister of Industry and Trade of Vietnam.

c) For projects on construction of solar power plants, a draft power purchase agreement is prepared on the grounds prescribed in the Circular No. 18/2020/TT-BCT dated July 17, 2020 of the Ministry of Industry and Trade of Vietnam and Circulars providing amendments thereto.

d) For projects on construction of wind power plants, a draft power purchase agreement is prepared on the grounds prescribed in the Circular No. 02/2019/TT-BCT dated January 15, 2019 of the Minister of Industry and Trade of Vietnam, and Circulars providing amendments thereto.

e) For projects on construction of biomass power plants governed by the Prime Minister’s Decision No. 24/2014/QD-TTg dated March 24, 2014 and the Prime Minister’s Decision No. 08/2020/QD-TTg dated March 05, 2020, a draft power purchase agreement is prepared on the grounds prescribed in the Circular No. 16/2020/TT-BCT dated July 07, 2020 of the Minister of Industry and Trade of Vietnam.

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4. In the forms provided in Appendixes I and II enclosed herewith, italicized text provides instructions and illustrative provisions and shall be specified in detail in EOI request or bidding documents according to the scale, nature and specific conditions (if any) of each project.

5. Provision and publishing of information on bidding for selection of investors executing energy projects on Vietnam National E-Procurement System (VNEPS) shall comply with provisions of the Circular No. 15/2024/TT-BKHDT dated October 01, 2024 of the Ministry of Planning and Investment of Vietnam.

Chapter II

BID EVALUATION CRITERIA

Article 5. Criteria for technical evaluation of investor's investment and business plan

Technical evaluation criteria include:

1. Those criteria prescribed in Points a, b and c Clause 1 Article 47 of Decree No. 115/2024/ND-CP.

2. Other technical evaluation criteria:

a) The conformity of the investor’s proposed investment plan (in terms of the project location, scale, execution schedule, space diagrams, investment phasing and key technical parameters) with the decision on approval of investment guidelines (for a project whose investment guidelines require approval) or written approval of the investment project involving land use (for a project whose investment guidelines do not require approval).

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Article 6. Criteria for evaluation of investment efficiency in development of electricity sector

1. The ceiling electricity price is set on the basis of the bidding documents for the project and lower than the price ceiling (maximum price) of the electricity generation price bracket for the corresponding type of power source announced by the Ministry of Industry and Trade of Vietnam in the bidding year.

2. Principles for setting the ceiling electricity price shall be agreed upon with the power buyer in accordance with regulations of law on electricity and specified in the bidding documents on the following grounds:

a) Reasonable expenses incurred by the investor during the economic life of the project; internal rate of return (IRR) which does not exceed 12%.

b) The ceiling electricity price excludes VAT, water resource tax, water rights fees, payments for forest environmental services, environmental protection fees for solid waste and industrial wastewater (for a thermal power plant) and taxes, fees and other amounts payable in cash according to regulations of regulatory authorities (except taxes and fees which have been calculated in the electricity pricing plan).

Chapter III

IMPLEMENTATION

Article 7. Transition 

1. If the bidding documents for an energy project are not yet issued or have been issued but the bid closing date has not yet passed, such bidding documents must be prepared in accordance with provisions of this Circular.

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Article 8. Effect

1. This Circular comes into force from the date on which it is signed.

2. Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Industry and Trade of Vietnam for consideration./.

PP. MINISTER
DEPUTY MINISTER




Nguyen Hoang Long

Appendix I

FORMS OF INVITATION FOR EXPRESSION OF INTEREST AND REQUEST OF EXPRESSION OF INTEREST FOR AN ENERGY PROJECT

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This Appendix includes:

1. Form of Invitation for EOI

2. Form of EOI request

1. Form of Invitation for EOI

 ……….[place], …………………..[date]

To: Interested investors

_________ [specify name of the EOI requester] is writing to invite interested investors to submit applications for execution of the project ________ [specify the project’s name as indicated in the decision on approval of investment guidelines, if the approval for the project’s investment guidelines is required, or written approval of the investment project involving land use, if the approval for the project’s investment guidelines is not required] that contains the following information:

1. Project’s name; investment objectives and scale: _____________________________

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- Total estimated costs of project:____________________________________________

- Compensation, support and resettlement costs (if any):__________________________

3. Project location: _______________________________________________________

4. Land use purpose; current use of land:

5. Area of the land plot used for executing the project: ___________________________

6. Planning targets: ______________________________________________________

7. Project execution duration and schedule; preliminary plan for investment phasing or division of the project into smaller parts (if any); execution schedule of each stage of the project (if any): __________________________

8. Deadline for submission of applications for project execution: ____________________

 [specify date and time, provided that the period from the issue date of the EOI request to the bid closing date must be at least 30 days.]

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- _____ [specify name of the EOI requester] 

- Address: _____________________________________________________________

- Telephone number: _____________________________________________________

- Fax number:___________________________________________________________

10. Any investor having interest or wishing to register for execution of the project must follow procedures for issuance of digital certificate and submit an application for execution of the project on Vietnam E-Procurement System (VNEPS).

Representative of the EOI requester
[specify name, position, signature and seal]

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REQUEST FOR EXPRESSION OF INTEREST (EOI)

Name of the project:         

______________________________

 [specify the project’s name as indicated in the decision on approval of investment guidelines, if the approval for the project’s investment guidelines is required, or written approval of the investment project, if the approval for the project’s investment guidelines is not required]

Date of issuance:

______________________________

[specify the date of starting issuance of the EOI request to investors]

This document is enclosed with Decision No.:

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 [specify the number and date of issuance of the decision on approval of the EOI request]

Consultant on preparation of EOI request

 (if any)

 [full name, signature and seal (if any)]

EOI requester

 [full name, signature and seal (if any)]

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TABLE OF CONTENTS

SUMMARY

ABBREVIATIONS

PART 1. PROCEDURES FOR INIVITATION FOR EOI

Chapter 1. Instructions to investor

Chapter 2. Evaluation of applications for project execution

Chapter 3. Document forms used in EOI request response

PART 2. PROJECT EXECUTION REQUIREMENTS

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SUMMARY

PART 1. PROCEDURES FOR INVITATION FOR EOI

Chapter I. Instructions to investors (ITI)

This Chapter provides the information necessary for investors to prepare responsive applications for project execution. It also gives information on preparation, submission, opening and evaluation of applications for project execution.

Chapter II. Evaluation of applications for project execution

This Chapter provides methods and criteria for evaluation of applications for project execution.

Chapter III. Document forms used in EOI request response

This Chapter provides document forms which will be completed by investors and form part of their applications for project execution.

PART 2. PROJECT EXECUTION REQUIREMENTS

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ABBREVIATIONS

ITI

Instructions to investors

VNEPS

Vietnam E-Procurement System

Application for project execution

Application for project execution

EOI request

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Bidding Law

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

Decree No. 115/2024/ND-CP

The Government’s Decree No. 115/2024/ND-CP dated September 16, 2024 elaborating and providing guidelines for implementation of the Bidding Law regarding selection of investors executing investment projects involving land use

PART 1. PROCEDURES FOR INVITATION FOR EOI

CHAPTER I. INSTRUCTIONS TO INVESTORS (ITI)

Section 1. Invitation for EOI contents

1.1. _________ [specify name of the EOI requester] is writing to invite interested investors to submit applications for execution of the project ________ [specify the project’s name as indicated in the decision on approval of investment guidelines, if the approval for the project’s investment guidelines is required, or written approval of the investment project involving land use, if the approval for the project’s investment guidelines is not required].

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Based on contents of the decision on approval of investment guidelines (for a project whose investment guidelines require approval) or written approval of information on the investment project involving land use (for a project whose investment guidelines do not require approval), the EOI requester provides brief information on the project, including:

1. Project’s name; investment objectives and scale: _____________________________

2. Total investment capital of project: _________________________________________

- Total estimated costs of project:____________________________________________

- Compensation, support and resettlement costs (if any):__________________________

3. Project location: _______________________________________________________

4. Land use purpose; current use of land:

5. Area of the land plot used for executing the project: ___________________________

6. Planning targets: ______________________________________________________

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8. Deadline for submission of applications for project execution: ____________________

 [specify date and time, provided that the period from the issue date of the EOI request to the bid closing date must be at least 30 days.]

Section 2. Prohibited acts in bidding

Prohibited acts in bidding for investor selection are those specified in Article 16 of the Bidding Law.

Section 3. Eligibility of investors

An independent investor or a member of a bidding consortium shall be considered eligible when meeting all of the following requirements:

3.1. If it is a domestic investor, it must be an enterprise, cooperative, cooperative union, artel, public sector entity or foreign-invested economic organization that is duly established and operating under the law of Vietnam. If it is a foreign investor, it must be duly established and operating under the law of its home country;

3.2. It must keep independent accounting records;

3.3. It is not undergoing dissolution process and does not have its enterprise registration certificate or cooperative/cooperative union/ artel registration certificate revoked; is not facing insolvency as prescribed by the Law on Bankruptcy;

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3.5. It must ensure competitiveness in bidding as prescribed in clause 5 Article 6 of the Bidding Law and Article 5 of the Decree No. 115/2024/ND-CP. Particulars of consultants are as follows:

- Consultant on preparation of application for approval of investment guidelines (for an investment project involving land use whose investment guidelines require approval, if any): ___ [insert full name and address of the consultant] ^([1]);

- Consultant on preparation of project proposal (for an investment project involving land use whose investment guidelines do not require approval, if any): ___ [insert full name and address of the consultant]⁽¹⁾;

- Consultant on preparation of pre-feasibility study report or feasibility study report before organizing invitation for EOI process (if any): ___ [insert full name and address of the consultant]⁽¹⁾;

- Consultant on preparation of EOI request (if any): ___ [insert full name and address of the consultant];

- Consultant on evaluation of applications for project execution (if any): ___ [insert full name and address of the consultant].

3.6. It is not subject to any decision on prohibition from participation in bidding issued by a competent person, Minister, Minister of Industry and Trade of Vietnam or Chairperson of the provincial-level People’s Committee as prescribed in Clause 3 Article 87 of the Bidding Law.

3.7. It is not liable to criminal prosecution.

3.8. It is eligible to have land allocated or leased by the State and meets all relevant land allocation or land lease requirements laid down in the Land Law.

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4.1. The EOI request consists of Part 1, Part 2, Part 3 and any modifications and clarifications to the EOI request as prescribed in Section 7 of the ITI, and those stated below:   

a) Part 1. Procedures for invitation for EOI

- Chapter I. Instructions to investors (ITI)

- Chapter II. Evaluation of applications for project execution

- Chapter III. Document forms used in EOI request response

b) Part 2. Project execution requirements

4.2. The invitation for EOI published by the EOI requester is just a notice and shall not be considered as part of the EOI request.

4.3. The EOI requester accepts no responsibility for the accuracy and completeness of the EOI request, clarifications of the EOI request, minutes of the pre-bid meeting (if any) or any addenda to the EOI request it provides.

4.4. Investors are expected to examine all instructions, document forms used in EOI request response, project execution requirements and other requirements laid down in the EOI request to prepare their applications for project execution.

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An investor’s capacity and experience shall be preliminarily evaluated according to the following criteria:

5.1. Required equity.

5.2. Experience in executing similar projects.

Further details are provided in Chapter II. Evaluation of applications for project execution.

Section 6. Clarification of EOI request

 6.1. An investor requiring any clarification of the EOI request shall send its request for clarification to the EOI requester via VNEPS at least ___ days [insert specific number of days which must not be fewer than 05 working days] before the deadline for submission of applications for project execution.

6.2. Upon its receipt of a request for clarification sent within the prescribed time limit, ___ [insert name of the EOI requester] shall respond to the request and publish its response on VNEPS at least ___ days [insert specific number of days which must not be fewer than 02 working days] before the deadline for submission of applications for project execution.

6.3. Clarifications to the EOI request must not be contrary to the contents of EOI request previously published on VNEPS. Should the clarifications to the EOI request result in changes to the EOI request, the modification of the EOI request shall be subject to provisions of Section 7 of the ITI.

6.4. The clarification of the EOI request forms part of the EOI request.

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7.1. In case modifications are made to the EOI request after it has been issued, the EOI requester shall publish the modification decision, the addenda to the EOI request and the modified EOI request on VNEPS. The modification decision forms part of the EOI request. Prospective investors shall frequently access VNEPS to receive updated information on the EOI request.

7.2. The decision to modify the EOI request must be published at least ___ days before the deadline for submission of applications for project execution [insert specific number of days which must not be fewer than 10 days]. In case of failure to publish the decision to modify the EOI request by the prescribed deadline, the EOI requester shall extend as necessary the bid closing date to ensure compliance with deadline requirements laid down in this Section. The extension shall comply with the provisions of Section 7.3 of the ITI.

7.3. If the deadline for submission of applications for project execution needs to be extended, the EOI requester shall publish the notice of extension and decision on approval of such extension on VNEPS. Reasons for extension and the new deadline must be clearly indicated in the notice of extension.

Section 8. Costs of EOI request response

The investor shall bear all costs associated with its preparation and submission of an application for project execution. The EOI requester will in no case be responsible for any costs or expenses incurred by any investor in response to the EOI request.

Section 9. Language of application for project execution

 [Based on the investor selection method, clearly indicate the language of an application for project execution as follows:

- For international invitation for EOI process:

The application for project execution, as well as all correspondence and documents relating to the application exchanged by the investor and the EOI requester, shall be written in: _____ [If the EOI request is written in English, insert “English”; if the EOI request is written in both English and Vietnamese, the phrase “The investor may prepare its application for project execution in either English or Vietnamese” shall be inserted].

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- For domestic invitation for EOI process:

 The application for project execution, as well as all correspondence and documents relating to the application exchanged by the investor and the EOI requester, shall be written in Vietnamese.

Supporting documents and materials that are part of the application for project execution may be written in another language provided they are accompanied by translations in Vietnamese. In case of inadequate translations, the EOI requester may request the investor to provide additional translations, where necessary.

Section 10. Application for project execution and submission deadline

10.1. An application for project execution submitted by an investor shall comprise the following:

a) The application form for project execution as prescribed in Section 13 of the ITI;

b) Documents proving the eligibility of the person signing the application form for project execution as prescribed in Section 13 of the ITI;

c) Document forms used in EOI request response;

d) Any other documents: _____ [insert other necessary contents of the application for project execution in addition to those specified in Points a, b and c of this Section which must be conformable with the scale and nature of the project and must not limit the investor’s response to the EOI request. If no documents are required, insert “not applicable”].

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Section 11. Currency used for evaluation

Currency used for evaluation: ___ [insert 01 specific currency unit].

 [11.1. For domestic invitation for EOI process, insert “VND".

11.2. For international invitation for EOI process, insert as follows: “When evaluating applications for project execution, prices shall be converted to a single currency. If the currencies in which prices are quoted include VND, the prices shall be converted to VND. If the currencies in which prices are quoted do not include VND, the prices shall be converted to a fully convertible currency (currency of conversion). The time and basis for determining the exchange rate are as follows:

a) Currency of conversion: ___ [insert the currency used for evaluation of applications].

b) Time for determination of the exchange rate:_____ [insert the time when the exchange rate is determined].

c) The basis for determining the exchange rate:____ [insert the method of determining the cross rate (the buying rate and selling rate of a commercial bank operating in Vietnam)]".

Section 12. Documents proving the investor’s satisfaction of eligibility, capacity and experience requirements

12.1. Documents proving the investor’s eligibility:

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The photocopy of one of the following documents: Enterprise registration certificate or establishment decision or another document of equivalent validity issued by a competent authority to the domestic investor; the document proving establishment and operation of the foreign investor as prescribed by the domestic law of its home country.

b) A consortium investor is required to provide the following documents:

- The documents specified in Point a of this Section of each consortium member;

- The consortium agreement made by the members of the consortium using Form No. 03 in Chapter III – Document forms used in EOI request response.

12.2. Documents proving the investor’s satisfaction of capacity and experience requirements include:

a) Information on the investor’s capacity and experience which is provided using the forms in Chapter III – Document forms used in EOI request response. In case the currency specified in the documents proving the investor’s capacity and experience is not the one specified Section 11 of this Chapter, the investor shall, when preparing the application for project execution, carry out conversion to a single currency as prescribed in Section 11 of this Chapter for comparison of applications for project execution. Where the direct quote is not available, the currency of conversion as prescribed in Section 11 of this Chapter shall be used for conversion and declaration in the application for project execution.

b) The investor shall submit with its application for project execution the following additional documents: ___ [insert other necessary contents of the application for project execution in addition to those specified in clause 1 of this Section which must be conformable with the scale and nature of the project and must not limit the investor’s response to the EOI request. If no documents are required, insert “not applicable”].

Section 13. Application form for project execution

13.1. For an independent investor, the application form for project execution shall be prepared using Form No. 01 in Chapter III - Document forms used in EOI request response, and bear signature and seal (if any) of the investor's lawful representative.

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If the investor’s legal representative gives authorization to his/her subordinate, the power of attorney made using Form No. 02 in Chapter III – Document forms used in EOI request response is required. In case the authorization is prescribed in the company’s charter or other relevant documents, these documents shall be submitted (in this case, the power of attorney made using the Form No. 02 in Chapter III – Document forms used in EOI request response is not required). The original of the power of attorney (made using Form No. 02 in Chapter III – Document forms used in EOI request response) shall be enclosed with the application form for project execution sent to the EOI requester.

13.2. In case of a consortium, the application form for project execution must be prepared using Form No. 01 in Chapter III – Document forms used in EOI request response, and be signed and sealed (if any) by the lawful representative of each of the consortium members or of the member that is assigned to sign the application form on behalf of the consortium under the consortium agreement (if any).

The lawful representative of a consortium member shall be the legal representative of that member or his/her authorized person. In case of authorization, the same authorization procedures as an independent investor in Section 13.1 of the ITI shall be followed.

Section 14. Preparation, submission and receipt of application for project execution

14.1. The investor shall prepare and submit the application for project execution on VNEPS according to the requirements of the EOI request. An application for project execution submitted by the investor includes an application form, documents proving the investor’s legal status, capacity and experience, and other relevant documents (if any).

14.2. The investor submits its application for project execution on VNEPS by the deadline stated in the invitation for EOI.

Section 15. Modification, substitution and withdrawal of application for project execution

15.1. The investor may modify, substitute, or withdraw its application for project execution on VNEPS before the prescribed deadline for submission of applications for project execution. An investor may modify its submitted application for project execution by withdrawing this application for project execution and making appropriate modifications thereto. After completing the modification of its application for project execution, the investor shall re-submit the application for project execution. If the application for project execution has been submitted before the EOI request is modified (if any), the investor shall re-submit a new application for project execution in accordance with the requirements of the modified EOI request.

15.2. An investor shall not be allowed to withdraw its submitted application for project execution after the deadline for submission of applications for project execution.

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16.1. The EOI requester shall receive all applications for project execution submitted before the bid closing date which is _________ [insert specific time and date, provided that the period from the issue date of the EOI request to the bid closing date must be at least 30 days, and the bid closing time should not be set to the beginning of a business day so as not to limit the submission of applications for project execution by investors].

16.2. The EOI requester may, at its discretion, extend the bid closing date by amending the EOI request in accordance with Section 7.3 of the ITI.

Section 17. Bid opening

17.1. The bid opening shall be conducted on VNEPS within 02 hours from the deadline for submission of applications for project execution.

17.2. Unless an application for project execution is withdrawn by the investor as prescribed in Section 15.1 of the ITI, the EOI requester shall open all applications for project execution received before the bid closing date.

17.3. The EOI requester shall organize evaluation of applications for project execution submitted by investors.

Section 18. Clarification of applications for project execution

18.1. If, during the evaluation of applications for project execution, an investor finds that existing documents proving its eligibility, capacity and experience have yet to be submitted together with its application for project execution, the investor shall be allowed to send such documents to the EOI requester for clarification of its eligibility, capacity and experience. The EOI requester shall give a written notice of its receipt of clarifications and additional documents to the investor through VNEPS.

18.2. If an investor is found to have not yet submitted documents proving its eligibility, capacity and experience, the EOI requester shall request the investor to clarify and submit additional documents proving its eligibility, capacity and experience. The investor shall clarify its application for project execution at the request from the EOI requester. All requests for clarification of the EOI requester and investors’ response to the request must be made and sent on VNEPS.

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18.4. The request for clarification of an application for project execution shall clearly state the time limit for response by the investor (which must be conformable with the project execution progress and sufficient for the requested investor to prepare clarifications of its application). If, after the requested time limit for clarification, the investor fails to provide or provides nonresponsive clarifications, the application for project execution submitted by the investor before the bid closing date shall be considered and evaluated.

Section 19. Evaluation of applications for project execution and disclosure of invitation for EOI result

19.1. Applications for project execution shall be evaluated adopting the methods and criteria for capacity and experience evaluation set out in Chapter II - Evaluation of applications for project execution.

19.2. Based on the results of the evaluation of applications for project execution, the EOI requester shall submit the invitation for EOI result to the competent person for consideration and approval, and organize the investor selection according to the following provisions:

a) If there are at least two investors meeting the requirements of the EOI request, the investor selection shall be carried out adopting bidding procedures in Article 44 of the Decree No. 115/2024/ND-CP.

b) If there is only one investor submitting application and meeting the requirements of the EOI request or there is more than one investor submitting application but only one investor meets the requirements of the EOI request, procedures for investor approval shall be followed as prescribed in the Law on Investment.

c) If there is no investor submitting application or no investor meeting the requirements of the EOI request, a written notice of termination of invitation for EOI procedures shall be given.

19.3. For a project specified in point a Section 19.2 of the ITI, the competent person shall consider giving approval of the investor selection progress schedule as prescribed in Article 12 of the Decree No. 115/2024/ND-CP. The approval mist must include information on the procuring entity, method and procedure for bidding for investor selection, and starting time of the selection of investor executing an energy project. The method of bidding for investor selection shall be determined according to the following provisions:

a) Domestic competitive bidding method will be employed if there is no foreign investor submitting application for project execution or no foreign investor meeting the requirements of the EOI request as prescribed in point dd clause 2 Article 11 of the Law on Bidding;

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19.4. For a project specified in point c Section 19.2 of the ITI, the competent person shall give a written notice of termination of invitation for EOI procedures and consider following any of these procedures:

a) Re-follow invitation for EOI procedures within a time limit decided by the competent person;

b) Review and modify the EOI request in a manner that still ensures compliance of the EOI request with the decision on approval of investment guidelines or written approval of the project information, and re-follow invitation for EOI procedures.

19.5. Based on the decision issued by the competent person as prescribed in Section 19.2 of the ITI, the EOI requester shall publish the invitation for EOI result and the investor selection progress schedule or written notice of termination of invitation for EOI procedures on VNEPS.

Section 20. Actions against violations during bidding

20.1. Any entity that violates the Bidding Law and other relevant laws shall, depending on the nature and severity of the violation, be disciplined, incur administrative penalties or face criminal prosecution. In case of a violation against regulations of the Bidding Law which causes damage to the State interests, lawful rights and interests of other entities, the violating entity shall make compensation for damage in accordance with regulations of law.

20.2. In addition to the penalties prescribed in Section 20.1 of the ITI, depending on the nature and severity of the violation, the entity that performs any of the prohibited acts prescribed in Article 16 of the Bidding Law shall be prohibited from participation in bidding for a period from 06 months to 05 years. The violating entity, including an employee of the EOI requester, shall be prohibited from participation in bidding for a period of time as below:

a) If one of the violations in clauses 1, 2 and 4 Article 16 of the Bidding Law is committed, the prohibition period is 03 - 05 years;

b) If one of the violations in clause 5 Article 16 of the Bidding Law is committed, the prohibition period is 01 - 03 years;

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For a consortium: if one or some members of the consortium commit the violations in Article 16 of the Bidding Law, all members of the consortium shall be prohibited from participation in bidding, except the case where a consortium member commits any of the violations in clause 4, points b, c, d, dd clause 5, points a, b, c, d, e clause 6, and clause 7 Article 16 of the Bidding Law, only the violating member will be prohibited from participation in bidding.

20.3. In case an entity commits 02 or more violations which all fall under jurisdiction of a competent person but has not yet been subjected to any decision on prohibition from participation in bidding for these violations, the competent person shall issue a decision to prohibit the violating entity from participation in bidding in which total period of prohibition is the sum of individual prohibition periods imposed for these violations but shall not exceed 05 years.

20.4. The prescriptive period for imposing the penalty that is prohibition from participation in bidding as prescribed in Section 20.2 of the ITI is 10 years from the occurrence of the violation.

20.5. The competent person shall consider issuing a decision on prohibition from participation in bidding within his/her jurisdiction within 15 days from the date of receipt of one of the following documents:

a) A written request accompanied by documents proving the violation provided by the EOI requester;

b) Recommendations included in the inspection record of an inspection agency or inspection team, or audit report of a state audit office;

c) Petition settlement result given by the petition settlement advisory board;

d) Other documents confirming the violation given by regulatory authorities.

20.6. Depending on the nature and severity of the violation, the competent person shall issue a decision on prohibition from participation in bidding as prescribed in Section 20.5 of the ITI or request the Minister of Industry and Trade of Vietnam or Chairperson of the relevant Provincial People's Committee to consider issuing a decision on prohibition from participation in bidding in electricity sector.  The Minister of Industry and Trade of Vietnam or Chairperson of the relevant Provincial People's Committee shall consider issuing a decision on prohibition from participation in bidding within 15 days from their receipt of the request from the competent person.

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20.8. A decision on prohibition from participation in bidding shall, inter alia, include:

a) Name of the competent person;

b)  Name of the violating entity;

c) The prohibition period, including: the prohibition period imposed for the violation (description of the violation and legal grounds for handling of the violation); prohibition periods for other violations (if any); total prohibition period;

d) Scope of prohibition;

dd) Validity of the decision: effective date and expiry date of the decision.

20.9. If the violating entity that is subject to a decision on prohibition from participation in bidding disagrees with the decision, they are entitled to file a lawsuit with a competent Court in accordance with regulations of the Civil Code.

20.10. Any member of the expert team who commits any of the violations in Article 16 of the Bidding Law shall incur penalties as prescribed in Section 20.2 of the ITI and shall have his/her professional certificates in bidding revoked.

CHAPTER II

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Section 1. Examination and evaluation of validity of application for project execution 

1.1. Examination of application for project execution

Examine component documents of the application for project execution, including: the application form for project execution; documents proving the investor’s eligibility, capacity and experience, and other component documents of the application for project execution as prescribed in Section 10 of the ITI.

1.2. Evaluation of validity of application for project execution 

The investor’s application for project execution shall be considered valid if all of the following conditions are met:

a) The application form for project execution which bears the signature and seal (if any) of the investor's lawful representative is available. In case of a consortium, the application form for project execution must be signed and sealed (if any) by the lawful representative of each of the consortium members or of the member that is assigned to sign the application form on behalf of the consortium under the consortium agreement (if any).

The application form for project execution shall be considered invalid in one of the following cases:

- It does not bear the signature and seal (if any) of the lawful representative of the investor or, in case of a consortium, the signature and seal (if any) of the lawful representative of each of the consortium members or of the member that is assigned to sign the application form on behalf of the consortium under the consortium agreement (if any);

- It has been signed before the EOI request is issued, or before the power of attorney is made (if any), or, in case of a consortium, before the consortium agreement is signed;

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b) The investor’s name is not included in two or more applications for project execution as an independent investor or consortium member;

c) If the investor is a consortium, the consortium agreement that bears the signatures and seals (if any) of the lawful representatives of all consortium members is available. The consortium agreement must clearly define responsibilities of the lead member of the consortium as well as the general responsibilities and separate responsibilities of each consortium member according to Form No. 03 in Chapter III - Document forms used in EOI request response;

d) The investor is not prohibited from participating in bidding for investor selection as prescribed in the Bidding Law;

dd) The investor has provided documents proving its eligibility as prescribed in Section 3 of the ITI.

The investor’s application for project execution shall be considered “valid” if all contents are determined to be “responsive”. The investor’s application for project execution shall be considered "invalid" if any content is considered "nonresponsive", and in this case, the investor’s application for project execution will be rejected. The investor’s application for project execution that is considered valid will be further considered and evaluated.

Section 2. Preliminary evaluation of the investor’s capacity and experience

2.1. The investors’ capacity and experience shall be preliminarily evaluated on pass/fail basis. The investor shall be considered to have met preliminary capacity and experience requirements if all criteria are considered passed.

2.2. For a consortium investor:

a) The equity of a consortium investor is the sum of equity amounts of all members of the consortium, and each member shall meet the requirements corresponding to its contribution to the consortium's equity under the consortium agreement. The lead member of the consortium must hold at least 30% of the equity. Each member of the consortium must hold at least 15% of the equity;

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2.3. The investor’s capacity and experience shall be preliminarily evaluated according to the following Table 01:

Table 01

PRELIMINARY CAPACITY AND EXPERIENCE REQUIREMENTS

No.

Contents

Requirements

1

Required equity

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2

Experience in investment in and construction of similar projects and work items⁽²⁾

In order to be considered passed, the required number of projects in which the investor or its consortium member has got involved as an investor making equity contribution⁽³⁾ or as an economic organization established by the investor to execute the project or a contractor: _____ projects [insert the required number of projects]. Methods for classifying projects⁽⁴⁾:

a) Type 1: Power supply project of the same type in which the investor has got involved as an investor making equity contribution or as an economic organization established by the investor to execute the project, which has been completed⁽⁵⁾ in the last ___ years before the year of bid closing [insert the number of years which is usually 05 – 10 years before the year of bid closing] and whose minimum total investment ⁽⁶⁾ _____ [insert the value which usually falls between 50% and 70% of total investment of the project in question];

b) Type 2 (experience in playing the role of an investor): Project on construction of power supply works _____ [insert the type of construction works whose functions are similar to those of the project in question as prescribed by the Law on construction] in which the investor has got involved as an investor making equity contribution or as an economic organization established by the investor to execute the project, which has been completed⁽⁵⁾ in the last ___ years before the year of bid closing [insert the number of years which is usually 05 – 10 years before the year of bid closing] and whose minimum total investment ⁽⁶⁾ _____ [insert the value which usually falls between 50% and 70% of total investment of the project in question];

c) Type 2 (experience in playing the role of a contractor): Project, package or contract in electricity sector in which the investor has got involved as a construction contractor, and which has been completed⁽⁵⁾ in the last ___ years before the year of bid closing [insert the number of years which is usually 05 – 10 years before the year of bid closing] and meets all of the following conditions:

- The works/work items of the project, package or contract are similar to the main work/work item of the project in question which is ______ [insert the main work/work item of the project in question; in case the project in question comprises multiple main works/work items, the main work/work item of the highest grade of the project in question shall be inserted];

-  The minimum value is ____ [insert the value which usually falls between 30% and 70% of the value of the main work/work item of the project in question. In case the value of the main work/work item of the project in question cannot be determined, the value which usually makes up 20% - 30% of total costs of the project in question shall be inserted]⁽⁷⁾.

d) Type 3: Project, package or contract in electricity sector in which the investor’s partner has got involved as a construction contractor, and which has been completed in the last ___ years before the year of bid closing [insert the number of years which is usually 05 – 10 years before the year of bid closing] and meets all of the following conditions:

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-  The minimum value is ____ [insert the value which usually falls between 30% and 70% of the value of the main work/work item of the project in question. In case the value of the main work/work item of the project in question cannot be determined, the value which usually makes up 20% - 30% of total costs of the project in question shall be inserted]⁽⁷⁾.

Notes:

 (1) The required equity shall be determined on the basis of total investment capital (including total estimated costs of project and compensation, support and resettlement costs (if any)).

The investor’s equity shall be determined on these grounds:

- Financial statements or report on the equity which has been audited during the year; in case financial statements or report on the equity which has been audited during the year is not available, those of the previous year can be used in accordance with regulations of law on enterprises, law on auditing, and law on accounting;

- The equity of an enterprise whose operating period is fewer than 12 months shall be determined on the basis of its paid-in charter capital as prescribed by the law on enterprises.

If the investor participates in more than one project and makes other long-term financial investments (if any) within the same period of time, it shall be required to prepare and provide the list of such projects and other long-term financial investments, and ensure that its total equity is sufficient to make contributions to such projects and long-term financial investments as committed.

The investor is obliged to provide information and documents about their financial capability using Form No. 05 in Chapter III – Document forms used in EOI request response.

 (2) Experience in executing similar projects:

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 (ii) The investor or its partner shall be allowed to describe its experience in executing only one similar project, package or contract once and for all.

 (iii) For a project for which projects with similar total investment are unavailable, based on data on projects for which investors have been successfully selected available on VNEPS, the EOI requester shall request the competent person to consider including in the EOI request the requirements regarding experience in executing similar projects which shall be equal to or not be less than 90% of those included in the EOI request of the energy project whose total investment is most comparable to that of the project in question.

 (iv) For a project to which the application of advanced technologies, high technologies, eco-friendly technologies and/or best available techniques is required for reducing environmental pollution, the investor is entitled to use projects/works which it has directly executed and of which it makes equity contribution and technologies have been successfully applied to prove its experience in executing similar projects/works. Similar projects must be supported with documents proving that technologies/techniques have been recognized as prescribed by the law on electricity and other relevant laws.

 (v) For the projects specified in points (iii) and (iv) hereof, during consideration and valuation, it must be assured that the investor has financial and technical capabilities to execute the project. Project execution-related requirements stated in the bidding documents, contracts or decisions on investor approval must fully prescribe the investor’s responsibilities and remedies (i.e. penalties, compensation for damage and further actions in the following stage) in the event that the investor executing the project fails to meet project execution progress and quality requirements. The competent person may set the required value of the performance security which is 3% of total investment of the project (in case of bidding for investor selection) or guarantee for project execution in conformity with provisions of the law on investment (in case of investor approval).

 (vi) For type-2 or type-3 projects in which the investor or its partner has got involved as a consortium contractor, only the value of works it or its partner directly executed shall be used to prove its experience in executing similar packages or contracts.

 (3) Investor making equity contribution to a project means the investor that has fully made contributions to the project’s equity (in case the investor does not establish an economic organization to execute the project), or the founding shareholder (in case the investor establishes an economic organization to execute the project), or the investor receiving shares/stakes transferred from a founding shareholder before the project is put into operation.

(4) Project conversion method: _____ [stipulate the method for conversion of projects of various types; in case the conversion result is a decimal number, it shall be rounded up to the nearest integer if the digit in the tenths place is 5 or greater.

E.g.: 01 type-2 project, package or contract equals 0,7 of a type-1 project; 01 type-3 project, package or contract equals 0,5 of a type-1 project.]

 (5) Completed: a completed project means a project whose work items all have been put into acceptance testing and accepted for being put into operation as prescribed by the Law on construction.

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 (7) In case the investor has executed works/work items of the same project which are similar to the main work/work item of the project in question, the investor may provide total value of these works/work items as evidence of its experience in executing similar projects.

CHAPTER III. DOCUMENT FORMS USED IN EOI REQUEST RESPONSE

1. Form No. 01: Application form for project execution

2. Form No. 02: Power of attorney

3. Form No. 03: Consortium agreement

4. Form No. 04: Particulars of the investor and its partners

5. Form No. 05: Investor’s financial capability

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

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Form No. 01

THE SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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APPLICATION FORM FOR PROJECT EXECUTION ⁽¹⁾

……….[place], …………………..[date]

To: _____ [insert name of the EOI requester]

After having carefully examined the EOI request for the project ___ [insert name of the project] issued by ___ [insert name of the EOI requester] (hereinafter referred to as “the EOI requester”) on ___ [insert the date of starting the issuance of the EOI request to investors] and the addendum to the EOI request No. ___ dated ___ [insert number and date of the addendum, if any], we, ___ [insert the investor’s name] hereby submit an application for execution of the abovementioned project. This application form for project execution shall be submitted without reservations and binding conditions.

We are willing to provide the EOI requester with any additional information or clarifications at the request of the EOI requester.

We hereby declare that⁽²⁾:

1. This application form for project execution is the only one that we enter into as an independent investor or consortium investor.

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3. We do not violate any regulations on competitiveness in bidding.

4. We do not engage in any corrupt, collusive or fraudulent practices, illegally interfere in, or perform other acts of violation against regulations on bidding while applying for execution of this project.

5. All information provided in the application for project execution is accurate and truthful.

6. We accept and undertake that we will fulfill all obligations of the investor during response to the EOI request.

Investor’s legal representative⁽⁴⁾

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

Notes:

 (1) Adequate and accurate information, including name of the EOI requester, name of the investor, shall be specified.

 (2) If the investor is found to have failed to fulfill these commitments, the investor shall be considered to commit fraud acts, have its application for project execution rejected and face penalties as prescribed.

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The lawful representative of the investor/consortium member shall be defined according to Section 13 of the ITI.

 (4) In case a foreign investor has no seal, certification given by a competent authority to certify that the signature appearing on the application form and other documents included in the application for project execution is that of the investor’s lawful representative shall be provided.

Form No. 02

POWER OF ATTORNEY

Today, on_________[date], at ______[location]

I, ___ [insert name, number of ID card/passport/Citizen identity card, position of the investor’s legal representative], the legal representative of ___ [insert the investor’s name], located at ___ [insert the investor’s address], by these presents, hereby authorize ___ [insert name, number of ID card/passport/Citizen identity card, position of the authorized person] to perform the following tasks during the process of selection of the investor executing ___ [insert name of the project] organized by ___ [insert name of the EOI requester]:

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

-   Sign the application form for project execution;

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- Sign the form of bid;

- Sign documents used for conducting transactions with the procuring entity during the investor selection process, including the request for clarification of the bidding documents, written clarifications of the bid;

- Sign written petitions made during the bidding (if any);

- Other tasks [describe the tasks (if any)].

The abovementioned authorized person shall perform tasks within the scope of authorization in the capacity as the lawful representative of ___ [insert the investor’s name]. __________ [insert the name of the investor’s legal representative] shall assume the full responsibility for tasks performed by _________ [insert name of the authorized person] within the scope of authorization.

This power of attorney shall be valid from ____ to ____ ⁽¹⁾. This power of attorney is made in ____ copies of equal legal effect. The principal keeps ____ original copy(ies). The authorized person keeps ____ original copy(ies). One (01) original copy is attached to the original of the application for project execution./.

Authorized person

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

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 [full name of the bidder’s legal representative, title, signature and seal (if any)⁽³⁾]

Notes:

 (1) The starting day and ending day of validity period of the power of attorney shall be specified in conformity with the bidding process.

 (2), (3) In this case, either the investor’s seal or the seal of the working unit of the authorized person may be used.

Form No. 03

CONSORTIUM AGREEMENT

……….[place], …………………..[date]

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Name of the consortium member: ___ [insert name of each member of the consortium]

- Country of operation:

- TIN:

- Address:

- Telephone number:

- Fax:

- Email:

- Legal representative:

- Position:

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The parties (hereinafter referred to as “members”) have unanimously agreed to enter into this consortium agreement with the following contents:

Article 1. General rules

1. The members voluntarily establish this consortium to bid for the project ______[specify name of the project].

2. The members have reached an agreement on the following name of the consortium which shall be used for all transactions relating to the project: ___  [specify the agreed-upon name of the consortium].

Transaction address:

Telephone number:

Fax:

Email:

The consortium’s representative:

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Article 2. Assignment of responsibilities

The members do hereby mutually agree on the assignment of responsibilities to perform tasks during the bidding for selection of investor executing the project as follows:

1. The members do hereby unequivocally agree that ___ [specify name of a member] to act as the lead member for and on behalf of the consortium to perform tasks and works during the preparation, submission, clarification and modification of the application for project execution.

2. Roles and responsibilities of members of the consortium ⁽¹⁾[specify roles and responsibilities of each member of the consortium and percentage of equity held by that member in the consortium]:

No.

Member's name

Roles

 [insert tasks performed by the member [financial arrangement, construction, management, operation, etc.]

Equity

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Percentage (%)

1

Member 1 [the lead member]

 [at least 30%]

2

Member 2

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 [at least 15%]

3

Member 3

 [at least 15%]

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Total

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100%

3. The members undertake that none of them will submit an application for execution of this project independently or jointly with other investors. If awarded the contract, none of the members is entitled to refuse to fulfill the responsibilities and obligations specified in the contract. Any member of the consortium that refuses to fulfill its agreed-upon responsibilities shall:

- Pay compensation for damage caused to other members of the consortium;

- Pay compensation for damage caused to competent authorities under terms and provisions of the contract;

- Incur other disciplinary actions ____ [insert the action to be taken].

Article 3. Effect 

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2. This consortium agreement will cease to have effect in the following circumstances:

- The parties unanimously agree to terminate the consortium agreement;

- There are changes in members of the consortium. In this case, if the changes in the members of the consortium are approved by the EOI requester, the parties shall enter into a new consortium agreement;

- The consortium fails to meet preliminary capacity and experience requirements;

- Invitation for EOI process is terminated;

This consortium agreement is made in ___ original copies, of which ___ copies will be kept by each member of the consortium, and 01 copy will be enclosed with the submitted application for project execution. All original copies have equal legal effect.

Lawful representative of each member of the consortium ⁽²⁾

 [name, title, signature and seal (if any)⁽³⁾ of the lawful representative of each member of the consortium]

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Notes:

 (1) The role and equity holding percentage of each member of the consortium shall be specified.

 (2) The lawful representative of each consortium member may be either legal representative or authorized representative.

 (3) If a consortium member that is a foreign investor has no seal, a certification given by a competent authority that the signature appearing on the consortium agreement is that of that member’s lawful representative shall be required.

Form No. 05

INVESTOR’S FINANCIAL CAPABILITY ⁽¹⁾

1. Name of the investor/consortium member:

2. Information on financial capability of the investor/consortium member⁽²⁾:

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No.

Contents

Value

I

Equity provided for the project under commitment

II

Equity data

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Total equity

2

Equity provided under commitment for ongoing projects⁽⁴⁾ (excluding equity amounts disbursed for ongoing projects and other long-term financial investments (if any))

3

Mandatorily retained equity

b) Attached documents⁽⁵⁾

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- The equity of an enterprise whose operating period is fewer than 12 months shall be determined on the basis of its paid-in charter capital as prescribed by the law on enterprises. In this case, documentary evidence of the enterprise’s charter capital must be provided.

- All reports provided by the investor must conform to laws on finance and accounting, and reflect the financial status of the investor or the consortium member (in case of a consortium investor) which is not that of the related entity like a parent company or subsidiary or associated company of that investor or the consortium member.

- The list of ongoing projects and other long-term financial investments in case the investor participates in multiple projects and other long-term financial investments (if any) within the same period.

Investor’s legal representative

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

Notes:

 (1) In case of consortium investor, each member of the consortium shall be required to fill out this Form on their own.

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 (3) Based on requirements and nature of the project, the EOI requester or expert team should require more information.

(4) If the investor participates in more than one project and makes other long-term financial investments (if any) within the same period, it shall be required to prepare the list of ongoing projects and other long-term financial investments, and ensure that its total equity is sufficient to make contributions to such projects and long-term financial investments as committed.

 (5) Based on requirements and nature of the project, other documents evidencing the financial capability that the investor needs to submit may be required (e.g. tax declaration inspection report, tax self-declaration form, documents proving the investor’s completion of electronic tax declaration, written certification given by tax authority, etc.).

Form No. 05

EXPERIENCE IN EXECUTING SIMILAR PROJECTS⁽¹⁾

……….[place], …………………..[date]

 [The investor describes its experience in executing similar projects/packages/contracts according to the requirements of the EOI request]

1. Project/package/contract No. 01: ___ [insert name of the project/package/contract]

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1

Contract number:                                                       Date of conclusion:

2

Name of the project/package/contract:

3

Investment area of the project/package/contract:

Type of works of the project/package/contract:

4

Role in the project:

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□  Construction contractor                      □  Operation contractor

□  Supplier of goods/services         

□  Economic organization established by the contractor for executing the project

5

Name of the competent authority/representative of the competent authority (for a project); the employer/representative of the employer (for a package/contract)

Address:

In-charge person:

Telephone number:

Fax:

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6

Detailed information

6.1

Information required in case of playing the role as an investor making equity contribution or economic organization established by the investor to execute the project

Total investment amount:

Capacity:

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Quantity, types of goods/services provided:

Project progress and quality ⁽²⁾:

□  The project is under construction and has ___ [insert specific number and value of work items completed and put into acceptance testing] work items undergoing acceptance testing.

□  The works have been put into acceptance testing, and accepted for being put into operation.

□ The project is in operation: ___ [insert the operating period commencing on the day on which the project or work is put into operation].

□ The project has been terminated.

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Brief description of special technical/operational requirements:

6.2

Information required in case of playing the role as the contractor:

Total investment amount:

Capacity:

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Quantity, types of goods/services provided:

Scope of works performed:

 [insert specific quantity and name(s) of work item(s)]

Value of works performed:

 (insert amount and currency unit) equivalent to VND………

 [insert specific value of each work item]

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Work progress and quality⁽³⁾:

□  The entire works or all work items have been put into acceptance testing and accepted for being put into operation.

□ The works/work items have been put into acceptance testing: ___ [insert the quantity and value of work items which have been put into acceptance testing, and clearly indicate the work items which are accepted for partially being put into operation or use according to the construction schedule as prescribed in the law on construction].

□ The project is in operation: ___ [insert the operating period commencing on the day on which the project or work is put into operation].

□ The operating period has expired.

Dispute or lawsuit-related history:

Brief description of special technical/operational requirements:

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Investor’s legal representative

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

Notes:

 (1) Information fields included in this Form may be modified to be conformable with criteria for evaluation of the investor’s experience.

 (2), (3) The investor shall provide documents issued by the competent authority to certify that the works/work items have been put into acceptance testing, and accepted for being put into operation or use, and one or all of the following documents:

- Decision on approval of investment guidelines or decision on approval of investment guidelines and investor approval, investment registration certificate or another document of equivalent validity as prescribed by regulations of law on construction in force in each period.

- The contract signed by and between the competent authority and the investor (for a project or package for which the contract has been signed).

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PART 2. PROJECT EXECUTION REQUIREMENTS

Based on the decision on approval of investment guidelines (for a project whose investment guidelines require approval), pre-feasibility study report or feasibility study report (if any), or written approval of information on the investment project involving land use (for a project whose investment guidelines do not require approval), the EOI requester or expert team shall impose specific project execution requirements (these documents may be issued together with the EOI request, where necessary).

Project execution requirements include:

1. Project’s name; investment objectives and scale

2. Total investment capital of project:

- Total estimated costs of project;

- Compensation, support and resettlement costs (if any).

3. Project location;

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5. Area of the land plot used for executing the project;

6. Planning targets;

7. Project execution duration and schedule; preliminary plan for investment phasing or division of the project into smaller parts (if any); execution schedule of each stage of the project (if any);

8. Investment guarantee and incentives;

9. Other related contents.

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