Circular No. 32/2025/TT-BCT dated June 02, 2025 on amendments to Circular No. 27/2024/TT-BCT prescribing bid evaluation criteria and forms of bidding documents for selecting investors executing energy projects

CIRCULAR

 AMENDMENTS TO CIRCULAR NO. 27/2024/TT-BCT DATED NOVEMBER 21, 2024 OF MINISTER OF INDUSTRY AND TRADE OF VIETNAM PRESCRIBING BID EVALUATION CRITERIA AND FORMS OF BIDDING DOCUMENTS FOR SELECTING INVESTORS EXECUTING ENERGY PROJECTS

Pursuant to the Law on Bidding dated June 23, 2023;

Pursuant to the Law on Electricity dated November 30, 2024;

Pursuant to the Law providing amendments to the Law on Planning, Law on Investment, Law on Public-Private Partnership Investment, and Law on Bidding dated November 29, 2024;

Pursuant to the Government's Decree No. 40/2025/ND-CP dated February 26, 2025 defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade of Vietnam;

Pursuant to the Government’s Decree No. 115/2024/ND-CP dated September 16, 2024 elaborating and providing guidelines for implementation of the Law on Bidding regarding selection of investors executing investment projects involving land use;

Pursuant to the Government’s Decree No. 56/2025/ND-CP dated March 03, 2025 elaborating the Law on Electricity regarding electricity development planning, plan for development of electrical supply grids, investment in and construction of power projects, and bidding for selection of investors executing power projects;

At the request of the Director General of Electricity Authority of Vietnam;

The Minister of Industry and Trade of Vietnam promulgates a Circular providing amendments to the Circular No. 27/2024/TT-BCT dated November 21, 2024 of Minister of Industry and Trade of Vietnam prescribing bid evaluation criteria and forms of bidding documents for selecting investors executing energy projects.

Article 1. Amendments to Circular No. 27/2024/TT-BCT dated November 21, 2024 of Minister of Industry and Trade of Vietnam prescribing bid evaluation criteria and forms of bidding documents for selecting investors executing energy projects

1. Clause 1 Article 1 is amended as follows:

“1. Clause 2 Article 49 providing criteria for evaluation of investment efficiency in sector/industry/local development of energy projects of the Government’s Decree No. 115/2024/ND-CP dated September 16, 2024 elaborating and providing guidelines for implementation of the Law on Bidding regarding selection of investors executing investment projects involving land use as amended in clause 3 Article 22 of the Government’s Decree No. 56/2025/ND-CP dated March 03, 2025 elaborating the Law on Electricity regarding electricity development planning, plan for development of electrical supply grids, investment in and construction of power projects, and bidding for selection of investors executing power projects.”.

2. Clause 1 Article 2 is amended as follows:

“1. Organizations and individuals involved in bidding for selection of investors executing the projects as prescribed in clause 1 Article 17 of the Decree No. 56/2025/ND-CP.”.

3. Clause 2 Article 3 is amended as follows:

“2. EOI requester means an agency or unit affiliated to the Ministry of Industry and Trade of Vietnam; a specialized agency, agency or unit affiliated to a provincial People's Committee; an agency or unit affiliated to an economic zone management board (for a project located in an economic zone).".

4. Clause 3 Article 4 is amended as follows:

“3. Grounds for drafting power purchase agreements:

a) A draft power purchase agreement is prepared on the basis of primary contents of a power purchase agreement prescribed in Appendix No. III enclosed with the Circular No. 12/2025/TT-BCT dated February 01, 2025 of the Minister of Industry and Trade of Vietnam prescribing methods for determining electricity generation service price; rules for calculating electricity prices for implementation of power projects; primary contents of power purchase agreement;

b) For small renewable energy power plants, the draft power purchase agreement is prepared on the basis of primary contents of a power purchase agreement prescribed in Appendix No. IV enclosed with the Circular No. 10/2025/TT-BCT February 01, 2025 of the Minister of Industry and Trade of Vietnam prescribing methods for determining and principles for applying avoided costs to small renewable energy power plants; primary contents of power purchase agreement.".

5. Article 6 is amended as follows:

“Article 6. Criteria for evaluation of investment efficiency in development of electricity sector

1. For power projects applying the price bracket announced by the Ministry of Industry and Trade of Vietnam, efficiency of investment in the project in development of the electricity sector shall be evaluated on the basis of the electricity price and in conformity with provisions of clause 1 Article 19 of the Decree No. 56/2025/ND-CP.

2. For power projects without applying the price bracket announced by the Ministry of Industry and Trade of Vietnam, efficiency of investment in the project in development of the electricity sector shall be evaluated on the basis of the minimum value of annual cash payments made to state budget and in conformity with provisions of clause 2 Article 19 of the Decree No. 56/2025/ND-CP.”.

6. Some contents of Appendix I enclosed with the Circular No. 27/2024/TT-BCT are amended in Appendix I enclosed herewith.

7. Some contents of Appendix II enclosed with the Circular No. 27/2024/TT-BCT are amended in Appendix II enclosed herewith.

Article 2. Effect

1. This Circular comes into force from the date on which it is signed.

2. A project for which the bidding for selection of investor executing the project is in progress shall be subject to the following provisions:

a) If the bidding documents for the project are yet to be issued before the effective date of this Circular, they must be prepared according to provisions of this Circular;

b) If the bidding documents for the project have been issued according to provisions of the Circular No. 27/2024/TT-BCT but the approved investor selection result is still not yet available before the effective date of this Circular, the received bids shall be evaluated according to the issued bidding documents or, in case no bid is received, the authority making decision to conduct bidding for investor selection shall consider extending the bid closing date and modifying the bidding documents in conformity with provisions of this Circular./.