📋 Tender Overview
Deputy Prime Minister Ho Duc Phoc signed and promulgated Decree No. 257/2025/ND-CP dated October 8, 2025 of the Government detailing the implementation of projects applying the Build - Transfer contract type. The contracting agency is responsible for managing and supervising the quality of BT project works according to the regulations on BT project implementation process1. For BT projects under the authority of the National Assembly to decide on investment policies, the implementation process is as follows: a) Prepare and appraise a pre-feasibility study report, submit to the National Assembly to decide on investment policies; b) Prepare and appraise feasibility study reports, approve projects; c) Select investors; prepare, appraise, and approve technical design (in case of three-step design) or construction drawing design (in case of two-step design) and estimate; Sign and implement project contracts. 2. For BT projects paid with state budget or BT projects combining payment with land fund and state budget, except for projects specified in Clauses 1 and 4, the implementation process is as follows: a) Prepare and appraise a report proposing investment policies, decide on investment policies; b) Prepare and appraise a feasibility study report or economic - technical report on construction investment for BT projects in the case of preparing economic - technical reports construction investment techniques; project approval; c) Investor selection; prepare, appraise, and approve technical design (in case of three-step design) or construction drawing design (in case of two-step design) and estimate; Sign and implement project contracts. 3. For BT projects paid with land funds, except for projects specified in Clauses 1 and 4, the implementation process is as follows: a) Prepare and appraise a feasibility study report or an economic - technical report on construction investment for BT projects in the case of preparing an economic - technical report on construction investment; project approval; b) Investor selection; prepare, appraise, and approve technical design (in case of three-step design) or construction drawing design (in case of two-step design) and estimate; Sign and implement project contracts.4. For BT projects paid with land funds proposed by investors in the case of appointing investors according to the provisions of the Law on Investment according to the public-private partnership method, except for projects specified in Clause 1 above, the implementation process is as follows: a) The investor proposes the project, prepares a feasibility study report with capacity profile and draft contract; b) Competent agency organizes appraisal of feasibility study report, project approval and investor appointment results, draft contract; technical design (in case of three-step design) or construction drawing design (in case of two-step design) and estimate; c) Sign and implement project contract. 5. Competent agencies are entitled to carry out procedures for appraisal and approval of technical design (in case of three-step design) or construction drawing design (in case of two-step design) and cost estimates of BT project works specified in Point c Clause 1, Point c Clause 2, Point b Clause 3, Point b Clause 4 above at the same time as the investor selection process but must ensure that the BT project contract is signed on the basis of the design and estimate. approved. 6. In case the BT project specified in Clause 3 and Clause 4 above needs to carry out procedures to decide on investment policies as a basis for deciding on the policy of changing the purpose of rice land use according to the provisions of the law on land, deciding on the policy of changing the purpose of using forest land according to the provisions of the law on forestry and performing other procedures according to the provisions of relevant laws, then prepare and appraise a report proposing investment policies and decide on investment policies according to regulations. at point a clause 2 This. The authority to decide on investment policies for BT projects in this case is implemented as prescribed for BT projects paid by the state budget. Forms of investor selection According to the Decree, forms of selecting investors to implement BT projects include: a1- Open bidding according to the provisions of Article 37 of the Investment Law according to the public-private partnership method.b1- Competitive negotiation according to the provisions of Article 38 of the Investment Law according to the public-private partnership method. investment.c1- Appoint investors according to regulations specified in Article 39 of the Law on Investment according to the public-private partnership method and regulations (*) below.d1- Selecting investors in special cases according to the provisions of Article 40 of the Law on Investment according to the public-private partnership method and regulations (* *) below. The competent authority decides to apply one of the above forms of investor selection, ensuring the selection of an investor with enough capacity to implement the BT project that meets the requirements of progress, quality and investment efficiency of the project. The Decree clearly states: The project needs to accelerate progress, promote socio-economic development, ensure national interests proposed by the investor and be approved by competent authorities in the case of appointing investors as prescribed in Clause 1 of this Article. point d clause 1 Article 39 of the Law on Investment according to the public-private partnership method includes: (*)Projects need to be implemented to prevent, immediately overcome or promptly handle the consequences that causecaused by natural disasters, fires, unexpected accidents, incidents, disasters or other force majeure events. Nationally important projects are subject to the form of investor designation according to the resolution of the National Assembly. Railway projects are subject to the provisions o
