| THE GOVERNMENT | SOCIALIST REPUBLIC OF VIET NAM |
| No: 30/2015/ND-CP | Hanoi, March 17, 2015 |
DECREE
GUIDING THE IMPLEMENTATION OF A NUMBER OF ARTICLES ON INVESTOR SELECTION OF THE LAW ON BIDDING
Pursuant to the Law on Government organization dated December 25, 2001 dated December 25, 2001;
Pursuant to the Law on Bidding dated November 26, 2013;
Pursuant to the Law on Public investment dated June 18, 2014;
Pursuant to the Law on Investment dated November 26, 2014;
At the request of the Minister of Planning and Investment;
The Government promulgates a Decree that provides guidelines for some Articles on investor selection of the Law on Bidding.
Chapter I
GENERAL PROVISIONS
Article 1. Scope and regulated entities
1. Scope
This Decree provides guidelines for some articles on investor selection of the Law on Bidding according to Clause 3 Article 1 of the Law on Bidding, including:
a) Projects of investment in the form of Public – Private Partnership (PPP projects) as prescribed by the Government on PPP projects;
b) Projects of investment using land with high commercial value that require investor selection on the list of approved projects prescribed in Point b Clause 1 Article 10 of Decree to develop constructions in urban areas, new urban areas; commercial housing, commercial and service works; multi-purpose complexes that are not the cases mentioned in Point a of this Clause.
2. Regulated entities
a) Any organization or individual (hereinafter referred to as entity) involved in selection of investors in projects of investment prescribed Clause 1 of this Article;
b) Any entity involved in investor selection that is not regulated by this Decree but still applies this Decree. In this case, such entity must comply with relevant regulations of the Law on Bidding and this Decree to ensure fairness, transparency, and economic efficiency.
Article 2. Assurance of competition in bidding
1. An investor participating in bidding (hereinafter referred to as bidder) is considered legally and financially independent from the consultancy contractor that makes and evaluates the feasibility study report (for PPP projects of group C, the bidder must be independent from the contractor that makes and evaluate the project proposal), from the consultancy contractor that makes, evaluates the pre-qualification documents bidding documents, evaluates, pre-qualification applications, bid-envelopes, appraises results of investor selection, from competent authorities, and from the soliciting entity prescribed in Clause 4 Article 6 of the Law on Bidding when the following conditions are satisfied:
a) The bidder does not belong to the same organization (for administrative services);
