(Chinhphu.vn) - Through the Receiving and Answering System to recommendations of enterprises , the Land Fund Development Center of Phu Yen Province would like to request the authorities to answer problems in the auction of contractor selection for the Commercial Area project - Services and commercials.

The Phu Yen Center for Land Fund Development offers an auction of a plot of land to implement the project of Trade - Service Area and Shophouse. Because this is the auction of investor selection, the bidding plan states: "Documents proving the capacity of project implementation experience: The auction participants must have documents proving that they have been or are currently act as an investor in the implementation of at least one project of the same scale and nature; or documents proving that they have been or are joint-venture to perform at least one project of the same scale and nature with the role of a person. at the top of the partnership ".

Upon receipt of application file, the company A is the holding company of company B in the form that company A owns company B with 100% of its charter capital contributed under the enterprise registration certificate.

The Phu Yen Land Fund Development Center would like to ask, does the company A have the right to use subsidiary B's project implementation experience when registering for auction?

Regarding this issue, The Ministry of Planning and Investment has the following opinions:

In Clause 3, Article 1 of the Bidding Law and Clause 1, Article 1 of the Government's Decree No. 30/2015 / ND-CP dated March 17, 2015, investment projects using land areas and land funds with high commercial value, investors need to be selected in the list of approved projects to build works in urban areas and new urban areas; commercial houses; multi-function commercial works and complex services covered by the Bidding Law and this Decree.

Based on the above stipulations, the Phu Yen Land Fund Development Center is requested to review the investment form of a 5-star hotel and restaurant complex project in a concentrated administrative area in Phu Yen Province. .

In case the project is implemented in the form of an investment project with land use, the Phu Yen Land Fund Development Center is requested to coordinate with relevant units to report to the People's Committee of Phu Yen for review on the suitability of the project to the socio-economic development plan, annual land use plan, list of projects requiring land recovery, construction planning and the process of making, approving and announcing Project items list as prescribed in Article 10 of the Decree No. 30/2015 / ND-CP.

Based on the list of approved and published projects, the selection of investor (including the determination of evaluation criteria for capacity and experience) shall comply with the provisions of the Bidding Law,  the Decree. No. 30/2015 / ND-CP and the Circular No. 16/2016 / TT-BKHDT dated June 28, 2016 of the Ministry of Planning and Investment.

According to the information provided, the selection of investor for the above project in Phu Yen Province was carried out in the form of auction of land use rights.

Therefore, Phu Yen Land Fund Development Center is requested to consult the Ministry of Justice (on the order and procedures for auction of land use rights), the Ministry of Natural Resources and Environment (on the determination of land prices) for detailed instructions.