According to Clause 1, Article 9 of Decree 256/2025/ND-CP, there are four forms of investor selection specifically regulated as follows:
a, Public bidding: This is the most common form, implemented according to the provisions of Article 37 of the Law on Investment under the public-private partnership method.
b, Competitive negotiation: According to the provisions of Article 38 of the Law on Investment under the public-private partnership method, this form allows the parties to participate in negotiations to reach the best agreement for the project.
c, Investor designation: This form is applied in special cases, according to the provisions of Article 39 of the Law on Investment under the public-private partnership method and Clause 3, Article 9 of the Decree. Projects that can be designated as investors include:
- The project needs to be implemented to prevent and overcome the consequences of natural disasters, fires, unexpected accidents, incidents, disasters or other force majeure events.
- National important projects according to the National Assembly resolution.
- Railway projects and projects under the provisions of the law on management of sectors and fields.
- Investment projects to build works and infrastructure systems to serve national and provincial celebrations and events.
- Other cases need to speed up investment progress, quality and efficiency.
d, Selecting investors in special cases: According to the provisions of Article 40 of the Law on Investment under the public-private partnership method and Clause 4, Article 9 of the Decree, this form applies to projects:
- Have the requirement to ensure national interests, perform the political tasks of the country.
- Belonging to the strategic field, investing in key and important national development in science, technology and innovation.
- There are urgent requirements that must be implemented immediately to ensure progress.
- Ensure connection and synchronization of technical infrastructure between works.
- Belonging to an industry or field that serves the goal of ensuring social order and safety.
- Offshore wind power projects and other projects with special conditions.
The competent authority will decide to apply one of the above forms, ensuring the selection of investors with sufficient capacity to implement the BT project to meet the requirements of progress, quality and investment efficiency.
