New regulations on bidding documents for selecting investors for PPP projects

Circular No. 98/2025/TT-BTC details the preparation of expression of interest surveys, bidding documents, and request documents for PPP projects; the preparation of notices of interest, expression of interest documents, bidding documents, and request documents for business investment projects.

These regulations apply to both projects implemented under the simplified investor appointment process and special cases according to the law.

National bidding network system.

The preparation of interest surveys, bidding documents and request for proposals for PPP projects is carried out in accordance with the Law on Investment under the public-private partnership model, Decree No. 243/2025/ND-CP, Decree No. 257/2025/ND-CP on Build-Transfer contracts and related specialized guidelines.

For business investment projects, the preparation of documents requesting expression of interest and bidding documents is carried out in accordance with the Law on Bidding, Decree No. 23/2024/ND-CP and Decree No. 115/2024/ND-CP and instructions in each management field.

Circular 98 also stipulates the principles for providing and posting information on the National Bidding Network System, including file formats, account management, use of digital certificates, sending and receiving electronic documents. The organization and operation of the System is implemented in accordance with the Law on Bidding and Circular No. 79/2025/TT-BTC.

Regarding project information and investor interest surveys, the Circular requires competent authorities to publish information on PPP projects and related decisions before organizing the selection of investors. The investor interest survey is carried out in accordance with Article 20 of Decree No. 243/2025/ND-CP.

For investment projects subject to investment policy approval, the competent authority must post the decision approving the investment policy on the System before organizing the bidding according to the provisions of Decree No. 115/2024/ND-CP and Decree No. 23/2024/ND-CP. In case the project is not subject to investment policy approval, project information must be posted according to the provisions of the above decrees.

Circular 98 also provides specific guidance on the process of inviting bids, issuing, amending and clarifying bidding documents; regulating the extension of the bid closing time; and implementing the issuance of documents for projects applying competitive negotiation, open bidding or selecting international investors.

Regarding the posting of investor selection results, the Circular requires the inviting party for PPP projects to post the results and approval decisions on the System within 10 days from the date of approval. For business investment projects, the posting period is 5 working days.

Circular 98/2025/TT-BTC therefore plays an important role in standardizing documents, ensuring transparency and enhancing the application of information technology in selecting investors for public investment projects and business projects in the new period.

Source: https://baodautu.vn/quy-dinh-moi-ve-ho-so-dau-thau-lua-chon-nha-dau-tu-du-an-ppp-d434569.html