On June 12, 2024, the Ministry of Planning and Investment issued Circular 10/2024/TT-BKHĐT amending several articles of Circular No. 09/2021/TT-BKHĐT dated November 16, 2021, by the Minister of Planning and Investment, guiding the selection of investors to implement investment projects under the public-private partnership method and investment projects using land.
Photo 1: New Regulations on Implementing Investment Projects Using Land from July 26, 2024 _ Hotline: 0972118764
According to the provisions of Article 6 of Circular 09/2021/TT-BKHĐT (amended by Clause 1, Article 1 of Circular 10/2024/TT-BKHĐT), the implementation of investment projects using land from July 26, 2024, is as follows:
- Preliminary requirements for the capacity and experience of investors and the publication of the list of investment projects using land for projects subject to investment policy approval as prescribed in Decree 25/2020/NĐ-CP are determined and implemented as follows:
+ For projects under the authority to approve investment policies of the Prime Minister:
The provincial People's Committee is the bidding agency as prescribed in Clause 8, Article 32 of Decree 31/2021/NĐ-CP. Based on the Decision to approve the investment policy of the project, the provincial People's Committee assigns the Department of Planning and Investment to preside over, and coordinate with relevant agencies to determine preliminary requirements for the capacity and experience of the investor, report to the provincial People's Committee for approval before announcing the project list. For projects implemented in economic zones, the provincial People's Committee assigns the Economic Zone Management Board to organize the determination and approval of preliminary requirements for the capacity and experience of investors before announcing the project list.
+ For projects under the authority to approve investment policies of the provincial People's Committee:
The Department of Planning and Investment or the Economic Zone Management Board (for projects implemented in economic zones) is the bidding agency as prescribed in Clause 6, Article 33 of Decree 31/2021/NĐ-CP. Based on the Decision to approve the investment policy of the project, the Department of Planning and Investment presides over, and coordinates with relevant agencies to determine preliminary requirements for the capacity and experience of the investor, report to the provincial People's Committee for approval before announcing the project list. For projects implemented in economic zones, the Economic Zone Management Board organizes the determination and approval of preliminary requirements for the capacity and experience of investors before announcing the project list.
- The preliminary assessment of the capacity and experience of investors is carried out according to the provisions of Article 13 of Decree 25/2020/NĐ-CP.
In cases where there is only one investor meeting the preliminary requirements for capacity and experience, that investor shall submit an application for investor approval according to the provisions of Clause 3, Article 29 of the Investment Law 2020 and Point a, Clause 2, Article 30 of Decree 31/2021/NĐ-CP, without having to determine the reserve price for the state budget as prescribed in Clause 2, Article 4 of Circular 09/2021/TT-BKHĐT.
- The project enterprise established by the winning investor to implement the project according to Clause 5, Article 57 of Decree 25/2020/NĐ-CP shall inherit the rights and obligations to implement the investment project that the winning investor committed in the bidding dossier and must meet the conditions as prescribed by law on enterprises, investment, construction, land, housing, real estate business, and relevant laws (if any).
Thus, from July 26, 2024, the implementation of investment projects using land must meet preliminary requirements for the capacity and experience of investors and publish the list of investment projects using land for projects subject to investment policy approval as prescribed in Decree 25/2020/NĐ-CP.The preliminary assessment of the capacity and experience of investors is carried out according to the provisions of Article 13 of Decree 25/2020/NĐ-CP.
Circular No. 10/2024/TT-BKHĐT is effective from July 26, 2024.
=> See more: Announcing new land price list from January 1, 2024 according to Land Law 2024
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