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Criteria for selecting joint venture partners and partnerships to use public assets

The Ministry of Finance has just issued Circular No. 11/2025/TT-BTC amending and supplementing a number of articles of Circular 144/2017/TT-BTC guiding Decree 151/2017/ND-CP detailing a number of articles of the Law on Management and Use of Public Assets.

Báo Đầu tưBáo Đầu tư29/12/2024

Principles for selecting partners to implement joint ventures and associations

Circular 11/2025/TT-BTC supplements the regulation "Selecting partners to implement joint ventures and associations when using public assets at public service units for joint venture and association purposes" (supplementing Article 6a) as follows:

Principles for selecting partners to carry out joint ventures and associations: Comply with legal regulations, ensure compliance with the criteria specified in Clause 3, Article 47 of the Decree and Appendix I issued with this Circular. Ensure accuracy, independence, honesty, publicity, transparency, fairness, and objectivity.

Organizations and individuals registering to participate in joint ventures and associations are solely responsible for the completeness and accuracy of the information in the registration dossier for selection. In cases where organizations and individuals do not declare complete and accurate information, leading to public service units selecting joint venture or association partners in violation of regulations, such organizations and individuals shall be handled in accordance with the provisions of law.

Do not select individuals or organizations whose legal representatives have been convicted by a legally effective judgment for a crime of violating regulations in the field related to joint venture and association activities without having their criminal records cleared, or organizations or individuals are found to have provided inaccurate information or falsified information about criteria in the profile at the time of selecting partners to implement joint ventures and associations.

The unit with joint venture or association assets shall publicly announce the selection of joint venture or association partners as prescribed in Clause 3, Article 47 of the Decree at least 05 working days before the deadline for submitting registration dossiers.

The registration dossier for participation in joint ventures and associations is prepared by organizations and individuals, with the organization's confirmation stamp and the individual's signature, including full information on the criteria groups and component criteria specified in Appendix I issued with this Circular, and is sent with a typed copy or photocopied document or supporting documents (with the organization's seal and the individual's signature). Public service units with assets are not allowed to request organizations and individuals to submit the original or certified copies of supporting documents and supporting documents in the notice of selection of organizations and individuals to participate in joint ventures and associations.

Based on the registration dossiers for participation in joint ventures and associations of organizations, individuals and public service units with assets, evaluate and score according to the criteria specified in Appendix I issued with this Circular and handle arising cases according to regulations.

5 groups of criteria for selecting joint venture partners

Specifically, according to Appendix I issued with this Circular, the evaluation of criteria for selecting joint venture partners is carried out using the scoring method with a maximum score of 100 points divided into 5 groups of criteria:

1. Criteria group on capacity and experience of partners registering to participate in joint ventures and associations (maximum 30 points): This criteria group includes time of operation in related fields, number of employees and contract workers directly operating in the field of joint ventures and associations...

2. Group of criteria for financial plan effectiveness (maximum 35 points): This group of criteria aims to ensure that partners must clearly propose the contents of the financial plan regarding revenue, expenses and revenue-expenditure differences and profit sharing commitments...

3. Group of criteria on facilities and equipment necessary to ensure joint ventures and associations (maximum 15 points): This group of criteria includes facilities (houses, infrastructure) and necessary equipment to ensure joint ventures and associations...

4. Group of criteria for asset handling plan after the expiration of the joint venture or association term (maximum 10 points): Commitment to transfer without compensation assets formed through joint venture or association activities to public service units.

5. Other criteria (maximum 10 points): Public service units self-determine suitability for joint venture and association purposes, functions and tasks of the unit.

Select the organization or individual with the highest total score.

The head of the public service unit is responsible for approving the results of the selection of joint venture and association partners. The selected organization or individual is the organization or individual with the highest total score and not less than 50% of the total maximum score specified in Appendix I issued with this Circular. In case the joint venture or association does not require full criteria as specified in Appendix I issued with this Circular, the public service unit shall exclude the scores of these criteria when determining the total maximum score.

Public service units are responsible for publicly announcing the results of the selection of joint venture and association partners on the unit's Information Page (if any), the electronic information portals of ministries, central and local agencies, the electronic information page on public assets of the Ministry of Finance and sending a written notice of the results of the selection of joint venture and association partners to organizations and individuals submitting registration dossiers within 05 working days from the date the results of the selection of joint venture and association partners are approved. The content of the notice of the results of the selection of joint venture and association partners includes: Name of selected organizations and individuals; list of organizations and individuals not selected and a summary of the reasons for not being selected by each organization and individual; plan to complete and sign joint venture and association contracts with selected organizations and individuals.

In case two or more organizations or individuals have the same total highest score, the organization or individual with the higher financial plan score will be selected; in case the financial plans have the same score, the public service unit with assets will consider and decide to select one of those organizations or individuals based on other criteria determined by the public service unit itself in accordance with the purpose of the joint venture, association, functions and tasks of the public service unit.

In case the deadline for submitting application for participation in a joint venture or association has expired and only one organization or individual has registered and has a total score of not less than 50% of the maximum score, the asset-owning unit shall consider and decide to select that organization or individual.


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