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Investor selection for renewable energy projects by open bidding under PPP Law and the Decree 35/2021/ND-CP guiding PPP Law

Law on public-private partnership investment No. 64/2020/QH14 promulgated by the National Assembly on 18 June 2020 (“PPP Law”) takes effect from 1 January 2021. Decree 35/2021/ND-CP issued by the Government on 29 March 2021 detailing and guiding the implementation of the PPP Law (“Decree 35”) takes effect from 29 March 2021.

Investor selection for renewable energy projects by open bidding is specified in the PPP Law and Decree 35 with the following key takeaways:

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Applicable cases (Article 34.2 of Decree 35).

  • International open bidding (a) with prequalification when there are 06 interested investors or more, at least one of which is a foreign investor and (b) without prequalification when there are fewer than 06 interested investors, at least one of which is a foreign investor;
  • Domestic open bidding (a) with prequalification when there are at least 06 interested Vietnamese investors and (b) without prequalification when there are fewer than 06 interested Vietnamese investors.

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Open bidding process (Article 34.2 of Decree 35).

  • Shortlisting for open bidding with pre-qualification: according to appraisal pre-qualification results pursuant to Article 38, 39, 40, 41 and 42 of Decree 35;
  • Preparing for investor selection: preparation, appraisal and approval of bidding dossier shall be pursuant to Article 49 and 50 of Decree 35;
  • Organizing the selection of investors: including inviting bids, issuing, revising and clarifying the bidding documents; extending the bid submission time and preparing, submitting, receiving, managing, revising, replacing and withdrawing bids shall comply with Articles 51 and 52 of Decree 35;
  • Evaluating bids, including opening bids, evaluating technical proposals and financial-commercial proposals shall comply with Articles 53, 54, 55, 56, 57, 58 and 59 of Decree 35;
  • Submitting, appraising, approving and publicizing the results of investor selection shall be pursuant to Articles 62 and 63 of Decree 35;
  • Negotiating, finalizing and concluding PPP project contracts, publicizing information about PPP project contracts shall be pursuant to Articles 64 and 65 of Decree 35.

Reported by Pham Tran Bao Khanh/Nguyen Tuan Phat (Legal Department PECC3)

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