Regulations on conditions for investors participating in bidding
Accordingly, investors participating in the bidding are considered legally independent and financially independent from consulting contractors, competent State agencies, and bidding parties when they fully meet the following conditions:
- No shares or capital contribution with:
+ Consulting contractor verifies and evaluates pre-feasibility study reports, feasibility study reports, design documents, and estimates;
+ Consulting contractor prepares and evaluates pre-qualification documents, bidding documents, evaluates pre-qualification documents, bid documents, evaluates pre-qualification results, and investor selection results.
- The investor participating in the bidding and the consulting contractor do not have the same ownership ratio of 30% or more of the share capital or contributed capital of another organization or individual for each party.
In case the investor participates in the bidding as a joint venture or the consulting contractor is selected as a joint venture, the capital ownership ratio of other organizations and individuals in the joint venture is determined by the total share ratio. respective shares and capital contributions of each member of the joint venture.
- Competent State agencies and bidders do not have a capital ownership ratio of more than 49% of shares or contributed capital of investors.
The Decree takes effect from April 20, 2020.