(Chinhphu.vn) – According to regulations, before organizing the selection of contractors to carry out the design survey; relocation of technical infrastructure works, there must be plans on selection of contractors approved according to regulations.

Reflected by Mr. Pham Tuan Hung, Project Management Unit of Northern Mountain, Tuyen Quang City, currently his unit is implementing Project A, during the implementation process there are problems as follows:

In project A, investment decision is Provincial People Committee; the Investor is the City People's Committee; the investor representative is project management unit. After the project A is approved for the investment project, the investor has programmed the provincial People's Committee to approve the bidding plan to select the contractor according to regulations (without any problems), the clearance work is given on the job part does not apply one of the forms of contractor selection.

However, after the bidding plan selects the contractor, project A performs clearance work, through compensation and inventory to determine the volume of technical infrastructure to be relocated (electricity and cable). In order to have a ground to compensate for technical infrastructure projects' assets, there must be technical-economic reports of the relocated works, which are elaborated, appraised and approved according to regulations.

Thus, in the scope of this work, there is a part of hiring consultants to survey, design, construct relocation and construction to return the works to ensure technical requirements.

Through the receiving and answering system to businesses 'recommendations, Mr. Hung would like to ask, is the scope of work of survey, design and construction of technical infrastructure construction being "organization of ground clearance compensation that does not apply one of the forms of contractor selection "specified at Point b, Clause 2, Article 36 of the Bidding Law?

When executing the part of hiring a consultancy unit to carry out a survey on design and construction of relocation (specialized units take directly management  and receiving the transfer), is the above-mentioned technical infrastructure required approve the selection plan to choose a contractor If yes, which agency approves (PPC or investor)?

If the person who decides the investment authorizes the City People's Committee to approve the land acquisition and how to make compensation according to the provisions of the 2013 Land Law, how to approve it?

If the person who decides the investment authorizes the City People's Committee to approve the land acquisition and how to make compensation according to the provisions of the 2013 Land Law, how to approve it?

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

Point d, Clause 1, Article 22 and Clause 1, Article 73 of the Bidding Law stipulates one of the cases where the form of contractor designation is applied is the package of moving technical infrastructure works by a specialized unit that  directly manage to serve clearance work. The competent person shall approve the contractor selection plan, except for the case specified at Point a, Clause 1, Article 74 of this Law.

Accordingly, for Mr. Hung's question, the construction of the technical infrastructure to serve the site clearance is applied the form of contractor appointment when assigned to a specialized unit to take over the reason for carrying out the move as prescribed in Point d, Clause 1, Article 22 of the above Bidding Law. The appointment of contractors must meet the conditions specified in Clause 2, Article 22 of the Bidding Law.

For the survey work designed for the transfer of technical infrastructure works, it is not the case where the contractor is appointed under the provisions of Point e, Clause 1, Article 22 of the Bidding Law.

However, if the bidding package for designing and surveying has a price of not more than VND 500 millions, the contractor appointment shall be applied according to the provisions of Clause 1, Article 54 of Decree No. 63/2014 / ND-CP.

In the above cases, before organizing the selection of contractors to carry out the design survey; relocation of technical infrastructure works, there must be plans on selection of contractors approved according to the provisions of Point a, Clause 1, Article 7 of the Bidding Law. The submission, appraisal and approval of contractor selection plans comply with Article 36 and Article 37 of the Bidding Law.