Regulations on selecting investors to implement investment projects using land

Selecting investors to implement investment projects using land is a process that ensures efficiency for projects, enhances competitiveness in selecting investors, and protects the interests of the state and the community. By selecting qualified investors, the project will contribute to boosting the local economy and improving infrastructure. Next, Long Phan will introduce to you the regulations on selecting investors to implement investment projects using land.

How to choose investors to implement investment projects using land?
How to choose investors to implement investment projects using land?

In cases where investment projects use land, bidding must be held to select investors

Pursuant to Article 4 of Decree 115/2024/ND-CP, investment projects using land must organize bidding to select investors who are:

  1. Investment projects using land specified in Point a, Clause 1, Article 126 of the Land Law.
  2. Investment projects using land specified in Point b, Clause 1, Article 126 of the Land Law include:
  • Investment projects to build domestic solid waste treatment works according to the provisions of the law on environmental protection;
  • Investment projects to build water supply works according to the provisions of the law on the production, supply and consumption of clean water;
  • Market construction investment project according to the provisions of the law on market development and management;
  • Investment projects to build roadside stations according to the provisions of the law on road industry management;
  • Investment projects to build aviation service facilities at airports and airfields subject to bidding in accordance with the law on civil aviation;
  • Investment projects in the fields of education, health care, culture, sports, and environment are required to organize bidding according to the law on encouraging socialization when there are 02 or more investors interested in registering for implementation, except for the projects specified in Points a and b of this Clause;
  • Social housing construction investment projects; investment projects to renovate and rebuild apartment buildings; Housing construction investment projects for the people’s armed forces are required to organize bidding according to the provisions of housing law when there are 02 or more interested investors registering for implementation. The provisions at this point do not include social housing projects specified in Clauses 1,2,3 and Point c, Clause 4, Article 84 of the Law on Housing No. 27/2023/QH15; Apartment renovation and reconstruction projects specified in Clauses 1 and 2, Article 68 of the Law on Housing No. 27/2023/QH15; housing construction investment projects for the people’s armed forces specified in Clause 1, Article 106 of the Law on Housing No. 27/2023/QH15;
  • Horse and greyhound racing investment projects, including the business of betting on horse and greyhound racing, are required to organize bidding according to the law on the business of betting on horse and greyhound racing, and international football when there are 02 or more investors interested in registering for implementation, and the Prime Minister has decided to approve the investment policy according to the provisions of the law on investment and industry management field;
  • Investment projects in the construction of energy works must be held in accordance with the provisions of electricity law when there are 02 or more interested investors registering for implementation;
  • Other projects fall into the cases specified in Article 79 and Point b, Clause 1, Article 126 of the Land Law.
When do investment projects using land have to organize bidding to select investors?
When do investment projects using land have to organize bidding to select investors?

Steps to choose an investor to implement an investment project using land

Pursuant to Article 9 of Decree 115/2024/ND-CP, the process and procedures for selecting investors to implement investment projects using land are:

For projects applying open bidding or limited bidding according to the one-stage, one-envelope method specified in Clause 1, Article 35 of the Law on Procurement:

  • Announcing investment projects using land;
  • Prepare bidding for investor selection;
  • Organize bidding to select investors;
  • Evaluate bid documents;
  • Submit, appraise, approve and publicize investor selection results;
  • Negotiate, finalize and sign contracts.

For projects requiring architectural works with value according to the provisions of the law on architecture, open bidding shall be applied according to the one-phase, two-envelope method specified in Clause 2, Article 35 of the Law on Procurement:

  • Announcing investment projects using land;
  • Prepare bidding for investor selection;
  • Organize bidding to select investors;
  • Evaluate technical proposals;
  • Evaluate financial proposals;
  • Submit, appraise, approve and publicize investor selection results;
  • Negotiate, finalize and sign contracts.

For projects that have specific requirements for economic and social development of the industry, region, or locality but have not yet determined specific technical, social, and environmental standards, apply open bidding. according to the two-stage, one-envelope method specified in Clause 3, Article 35 of the Law on Procurement:

  • Announcing investment projects using land;
  • Prepare to bid to select investors for phase one;
  • Organize bidding to select investors for phase one;
  • Prepare and organize bidding to select investors for phase two;
  • Evaluate bid documents for phase two;
  • Submit, appraise, approve, and publicize investor selection results;
  • Negotiate, finalize and sign contracts.

For projects, the number of interested investors must be determined as prescribed in Clause 2, Article 46 of the Law on Procurement and Points e, g, h, i and k, Clause 2, Article 4 of this Decree:

  • Announcing investment projects using land;
  • Please pay attention;
  • In case the project has 02 or more investors that meet the conditions for inviting interest, follow the regulations in Points b, c, d, dd and e Clause 1 of this Article (for projects applying the form open bidding according to the one-stage, one-envelope method) or points b, c, d, dd, e and g, Clause 2 of this Article (for projects applying the form of open bidding according to the single-envelope method). two-envelope phase) or points b, c, d, dd, e and g, Clause 3 of this Article (for projects applying open bidding according to the two-phase, one-envelope method).

The investor selection process is detailed at Appendix I issued with Decree 115/2024/ND-CP.

Steps to select investors to implement investment projects using land
Steps to select investors to implement investment projects using land

The competent authority in selecting investors to implement investment projects using land

Pursuant to Clause 4, Article 3, Point a, Clause 1, Article 28 of Decree 115/2024/ND-CP, the agency deciding to organize bidding to select investors includes ministries, ministerial-level agencies, and People’s Committees at the highest level. provinces, economic zone management boards, and other agencies according to the provisions of law on industry and field management

Consulting services for investors implementing investment projects using land

Through the above article, Long Phan hopes that you have understood the process of selecting investors to implement investment projects using land. However, we understand this process can cause many difficulties for investors, especially for large investment projects. Therefore, Long Phan provides comprehensive services to support you, including:

  • Detailed legal advice on the actual situation of investors with investment projects using land.
  • Support in preparing complete documents to participate in bidding to select investors to implement investment projects using land.
  • Representative submits documents to participate in bidding to select investors to implement investment projects using land and work with competent state agencies
  • Monitor application processing progress and regularly notify customers of updates.
  • Advise on solutions if the bid to select an investor to implement an investment project using land is likely to be rejected.

To be able to participate in implementing an investment project using land, the investor needs to meet the conditions and clearly understand the order and procedures to be able to get the investment project. If you have any questions or need advice or support in implementing investment projects using land, please contact us via Hotline: 0906735386. Long Phan is always ready to accompany you.