Decree No. 15/2015/ND-CP on investment under the public-private partnership (PPP) model

DECREE

On investment under public-private partnership model

______________

 

Pursuant to the Law on Organization of the Government dated December 25, 2001;

On the basis of the Investment Law dated November 26, 2014;

Pursuant to the Law on Public Investment dated June 18, 2014;

Pursuant to the Law on Bidding dated November 26, 2013;

Pursuant to the Law on Construction promulgated on June 18, 2014;

Pursuant to the Law on Public Debt Management dated June 17, 2009;

At the proposal of the Minister of Planning and Investment,

At the proposal of promulgates the Decree on investment under the public-private partnership (PPP) model.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates the scope, conditions, procedures for implementing PPP projects; management mechanisms and use of state capital participating in projects; preferential policies, investment guarantees, and state management responsibilities for PPP projects.

Article 2. Applicability

This Decree applies to competent state agencies, investors, project enterprises, lenders, and other relevant agencies, organizations, and individuals involved in the implementation of PPP projects.

Article 3. Explanation of Terms

In this Decree, the following terms shall be understood as follows:

1. Investment under the public-private partnership (PPP) model (hereinafter referred to as PPP) is a form of investment carried out based on a contract between a competent state agency and an investor, project enterprise to implement, manage, and operate infrastructure projects, provide public services.

2. Project contract is the contract prescribed in Clauses 3, 4, 5, 6, 7, 8, and 9 of this Article and similar contracts as provided for in Clause 3 of Article 32 of this Decree.

3. Build-Operate-Transfer (BOT) contract (hereinafter referred to as BOT contract) is a contract signed between a competent state agency and an investor to construct infrastructure works; after completion of the works, the investor has the right to operate the works for a certain period; at the end of the period, the investor transfers the works to the competent state agency.

4. Build-Transfer-Operate (BTO) contract (hereinafter referred to as BTO contract) is a contract signed between a competent state agency and an investor to construct infrastructure works; after completion of the works, the investor transfers them to the competent state agency and has the right to operate the works for a certain period.

5. Build-Transfer (BT) contract (hereinafter referred to as BT contract) is a contract signed between a competent state agency and an investor to construct infrastructure works; the investor transfers the works to the competent state agency and is paid with land funds to implement another project according to the conditions specified in Clause 3 of Article 14 and Clause 3 of Article 43 of this Decree.

6. Build-Own-Operate (BOO) contract (hereinafter referred to as BOO contract) is a contract signed between a competent state agency and an investor to construct infrastructure works; after completion of the works, the investor owns and has the right to operate the works for a certain period.

7. Build-Transfer-Lease Service (BTL) contract (hereinafter referred to as BTL contract) is a contract signed between a competent state agency and an investor to construct infrastructure works; after completion of the works, the investor transfers them to the competent state agency and has the right to provide services based on operating and exploiting the works for a certain period; the competent state agency leases the services and pays the investor according to the conditions specified in Clause 2 of Article 14 of this Decree.

8. Build-Lease Service-Transfer (BLT) contract (hereinafter referred to as BLT contract) is a contract signed between a competent state agency and an investor to construct infrastructure works; after completion of the works, the investor has the right to provide services based on operating and exploiting the works for a certain period; the competent state agency leases the services and pays the investor according to the conditions specified in Clause 2 of Article 14 of this Decree; at the end of the service provision period, the investor transfers the works to the competent state agency.

9. Operate-and-Manage (O&M) contract (hereinafter referred to as O&M contract) is a contract signed between a competent state agency and an investor to operate part or all of the works for a certain period.

10. Other projects are projects implemented by investors to recover the capital invested in infrastructure works.

11. Project proposal is a document presenting preliminary research contents on the necessity, feasibility, and effectiveness of the project.

12. Feasibility study report is a document presenting research contents on the necessity, feasibility, and effectiveness of the project.

13. Total investment capital is the entire capital invested in constructing the project works and initial working capital for operating and managing the project.

14. Shareholder's equity is the capital contributed by the investor to implement the project as prescribed in Article 10 of this Decree.

15. Investor is an organization or individual conducting investment activities in accordance with laws on investment and related laws.

16. Project enterprise is an enterprise established by the investor to implement the project.

17. State-owned enterprise is an enterprise held by the State with 100% of the charter capital.

18. Lender is an organization providing credit to investors and project enterprises to implement projects.

Article 4. Investment Areas and Project Classification

1. Construction, renovation, operation, business, and management of infrastructure works, provision of equipment or public services include:

a) Transportation infrastructure works and related services;

b) Lighting systems; clean water supply systems; drainage systems; wastewater collection and treatment systems; social housing; resettlement housing; cemeteries;

c) Power plants; power transmission lines;

d) Healthcare, education, training, vocational training, cultural, sports infrastructure works and related services; government office buildings;

đ) Commercial, scientific and technological, meteorological and hydrological infrastructure works; economic zones, industrial parks, high-tech zones, concentrated information technology zones; information technology applications;

e) Agricultural, rural infrastructure works and services for agricultural production development linked with processing and consumption of agricultural products;

g) Other fields as decided by the Prime Minister.

2. Projects prescribed in Clause 1 of this Article are classified according to laws on public investment, including national key projects, group A, B, and C projects.

3. Ministries and ministerial-level agencies shall take the lead and coordinate with the Ministry of Planning and Investment to provide detailed guidance on investment areas within their respective management scopes.

Article 5. Investment preparation costs and project implementation costs of Ministries, sectors, and provincial People's Committees

1. Investment preparation costs and project implementation costs of Ministries, agencies at the level of Ministries, agencies under the Government, and provincial People's Committees (hereinafter referred to collectively as Ministries, sectors, and provincial People's Committees) include:

a) Costs for preparing, reviewing, and approving project proposals, feasibility study reports;

b) Costs for organizing the selection of investors;

c) Costs of project management unit activities under competent state agencies, including costs for supervising the implementation of project contracts and construction quality;

d) Costs for announcing projects;

đ) Costs of activities of the lead unit managing PPP activities;

e) Costs for hiring consultants to support the implementation of certain activities within the responsibility of competent state agencies as stipulated in Clause 5, Article 8 of this Decree;

g) Costs for organizing conferences, seminars, and contract negotiations for the project and related contracts;

h) Other costs.

2. The costs specified in Points a, b, and c of Clause 1 of this Article shall be allocated from the following sources:

a) State budget funds according to the balance in the annual investment development expenditure plan of Ministries, sectors, and provincial People's Committees;

b) Support investment capital as prescribed in Article 6 of this Decree;

c) Revenue from selling bidding documents for selecting investors;

d) Capital returned by the selected investor to implement the project;

đ) Other legitimate sources of capital:

3. The costs specified in Points d, đ, e, g, and h of Clause 1 of this Article shall be allocated from the state budget within the plan for expenditures on public services of Ministries, sectors, and provincial People's Committees.

2. When using the funds specified in Clause 1 of this Article, ministries, sectors, and provincial people's committees require winning investors to repay the costs already used to create investment preparation funds for other potential PPP projects.

1. The Ministry of Planning and Investment mobilizes and manages Official Development Assistance (ODA) funds, preferential loans from foreign sponsors, and other sources of capital as decided by the Prime Minister to support investment preparation activities.

2. The capital specified in Clause 1 of this Article shall be allocated to Ministries, sectors, and provincial People's Committees to support investment preparation costs as specified in Point a and Point b of Clause 1 of Article 5 of this Decree.

3. The selected investor implementing the project shall repay investment preparation support costs and capital preservation support costs to create investment preparation capital for other projects.

4. The Ministry of Planning and Investment shall take the lead and coordinate with the Ministry of Finance to guide the implementation of this Article.

Article 7. Steering Committee and Lead Unit Managing PPP Activities

1. The national steering committee for PPP shall be established and operate according to the decision of the Prime Minister.

2. Based on specific management requirements and conditions, Ministries, sectors, and provincial People's Committees shall assign specialized agencies under their jurisdiction to serve as the lead unit managing PPP activities of Ministries, sectors, and localities (hereinafter referred to collectively as the lead unit). In cases where necessary, Ministries, sectors shall submit to the Prime Minister for a decision to establish a specialized unit under their jurisdiction to serve as the lead unit managing PPP activities.

Article 8. State agencies authorized to conclude and implement project contracts

1. Ministries, sectors, and provincial People's Committees are state agencies with authority to conclude project contracts within their functions, tasks, and powers, and to perform rights and obligations based on agreements with investors in project contracts.

2. Based on their functions, tasks, powers, and specific management conditions, Ministries may delegate to organizations under their jurisdiction; provincial People's Committees may delegate to their specialized agencies or district-level People's Committees to conclude and implement group B and group C project contracts.

3. The delegation as stipulated in Clause 2 of this Article must be carried out in writing, clearly defining the scope of delegation and the responsibilities of the delegated agency in preparing investments, negotiating, concluding, and implementing project contracts.

4. Competent state agencies, agencies delegated as stipulated in Clause 2 of this Article shall establish or entrust project management units to carry out activities within their responsibilities, but in all cases they must bear responsibility for the obligations committed to in the project contract.

5. In cases where necessary, competent state agencies may select independent consulting organizations to support the implementation of certain tasks as stipulated in Clause 4 of this Article.

Article 9. Procedures for Implementing Projects

1. Except for Group C projects as specified in Clause 2 of this Article, projects shall be implemented according to the following procedures:

a) Establishing, reviewing, approving, and announcing the project in accordance with Chapter III of this Decree;

b) Establishing, reviewing, and approving the feasibility study report in accordance with Chapter IV of this Decree;

c) Organizing the selection of investors; negotiating and signing investment agreements and project contracts in accordance with Chapter V of this Decree;

d) Completing the procedures for issuing investment registration certificates and establishing the project enterprise in accordance with Chapter VI of this Decree;

đ) Implementing the project in accordance with Chapter VII of this Decree;

e) Finalizing accounts and transferring works in accordance with Chapter VIII of this Decree.

2. Group C projects shall be implemented according to the following procedures:

a) Establishing, reviewing, approving, and announcing the project in accordance with Chapter III of this Decree.

b) Organizing the selection of investors; negotiating and signing project contracts in accordance with Chapter V of this Decree;

c) Implementing the project in accordance with Chapter VII of this Decree;

d) Finalizing accounts and transferring works in accordance with Chapter VIII of this Decree.

Chapter II

SOURCES OF FUNDS FOR PROJECT IMPLEMENTATION

Article 10. Shareholder Equity and Investor Capital Raising

1. Investors are responsible for contributing the equity capital and mobilizing other sources of capital to implement the project in accordance with the agreement in the project contract.

2. The proportion of equity capital of the investor must not be less than 15% of the total investment capital. For projects with a total investment exceeding 1.5 trillion VND, the proportion of equity capital will be determined progressively as follows:

a) For the portion up to 1.5 trillion VND, the equity capital ratio must not be less than 15% of this portion;

b) For the portion above 1.5 trillion VND, the equity capital ratio must not be less than 10% of this portion.

3. State investment capital participating in implementing the project as stipulated in Article 11 of this Decree shall not be included in the total investment capital to determine the equity capital ratio.

4. Other projects that investors implement to recover the invested capital in BOT projects must meet the requirements regarding equity capital (if applicable) as prescribed by law.

Article 11. Utilization of State Investment Capital Participating in Project Implementation

1. State investment capital participating in project implementation includes state budget capital, government bond capital, local government bond capital, ODA capital, and concessional loans from foreign sponsors.

2. State investment capital participating in project implementation shall be used for the following activities:

a) Contributing capital to support construction of works for projects with business operations and fee collection from users, but where revenue is insufficient to recover investment and profit;

b) Paying service providers under BOT contracts, BLT contracts, and similar contracts;

c) Supporting the construction of auxiliary works, organizing compensation, land clearance, and resettlement.

3. The State investment capital specified in Points a and b of Clause 2 of this Article may only be used to participate in implementing projects proposed by Ministries, sectors, provincial People's Committees, or projects eligible for ODA and concessional loan funds from foreign sponsors.

Article 12. Determination of the Value of State Investment Capital Participating in Project Implementation

1. The value of State investment capital shall be considered based on the financial plan of the project; the policy on the use of State investment capital as stipulated in Clause 2 of Article 17 of this Decree, and the ability to mobilize and balance State investment capital participating in project implementation.

2. The authorized person as stipulated in Article 27 of this Decree shall determine the value of State investment capital participating in project implementation when approving the feasibility study report or proposing the project (for Group C projects).

Article 13. Establishing the State Investment Capital Plan for Project Implementation

1. Ministries, sectors, provincial People's Committees shall establish and aggregate the State investment capital plan for project implementation as prescribed in Article 18 of this Decree within the five-year public investment plan of the sector or locality.

2. Based on the medium-term public investment plan, the feasibility study report or the project proposal (for Group C projects) approved, ministries, sectors, provincial People's Committees shall establish and aggregate the State investment capital plan for project implementation within the annual public investment plan of the sector or locality.

3. The Ministry of Planning and Investment shall take the lead and coordinate with the Ministry of Finance to aggregate the State investment capital usage plan for project implementation within the national public investment plan.

Article 14. Disbursing State Investment Capital for Project Implementation

1. Disbursing State equity capital to support construction of project works:

a) The State equity capital to support construction of project works as stipulated in Point a, Clause 2, Article 11 of this Decree shall be disbursed after the project has completed the agreed-upon volume and value of construction according to the project contract;

b) Based on the completed volume and value of construction verified by the investor or project enterprise, the competent state authority shall disburse and pay to the investor or project enterprise according to the ratio, value, progress, and conditions agreed upon in the project contract.

2. Disbursing payment capital to investors under BOT contracts, BT contracts:

a) Payment capital to investors providing services under BOT contracts, BT contracts, and similar contracts as stipulated in Point b, Clause 2, Article 11 of this Decree shall be disbursed from the time the service is provided according to the agreement in the project contract;

b) The payment as prescribed in Point a of this Clause shall be carried out periodically based on the quantity and quality of services agreed upon in the project contract.

3. Using land funds to create payment capital for investors implementing BT contracts must be approved by the competent authority in accordance with the laws on land.

4. Disbursing capital for constructing ancillary works, organizing compensation, land clearance, and resettlement:

Capital for constructing ancillary works, organizing compensation, land clearance, and resettlement as stipulated in Point c, Clause 2, Article 11 of this Decree shall be used in accordance with regulations applicable to public investment projects.

5. The Ministry of Finance shall provide guidance on implementing this Article.

Chapter III

PROJECT DEVELOPMENT AND ANNOUNCEMENT

Section 1

PROJECTS PROPOSED BY MINISTRIES, SECTORS, PROVINCIAL PEOPLE'S COMMITTEES

Article 15. Conditions for Selecting Projects

1. Projects selected for implementation through Public-Private Partnership (PPP) must meet all of the following conditions:

a) Consistent with the planning and development plans of the sector, region, and local socio-economic development plan;

b) Compliance with investment fields as stipulated in Article 4 of this Decree;

c) Possess the ability to attract and accept commercial capital, technology, and management experience from investors;

d) Possess the ability to provide continuous, stable products and services that meet quality requirements and user needs;

đ) Have a total investment capital of 20 billion VND or more, except for O&M contracts and projects specified in Point e, Clause 1, Article 4 of this Decree;

2. Projects not included in the planning and development plans of the sector, region, or local socio-economic development plan must be supplemented by ministries, sectors, provincial People's Committees within their authority or submitted to the competent authority for approval.

3. Projects meeting the conditions stipulated in Clause 1 of this Article and having the potential to recover capital from business operations shall be prioritized for selection.

Article 16. Content of Project Proposal

1. Ministries, sectors, People's Committees of provinces shall organize the preparation of project proposals to serve as the basis for selecting projects for investment under the public-private partnership model.

2. The project proposal shall include the following main contents:

a) The necessity of investment; advantages of implementing the project under the public-private partnership model compared to other investment forms; type of project contract;

b) The compatibility of the project with planning, development plans, and conditions stipulated in Clause 1, Article 15 of this Decree;

c) Preliminary proposal on objectives, scale, location of the project; land use requirements and natural resources;

d) Preliminary analysis of technical requirements, standards, quality of construction works, products, or services provided under the project;

đ) Estimated schedule, time limit for implementing the project; construction and operation period of the works; management and business organization plan or service provision plan;

e) Estimated overall compensation, land clearance, and resettlement plan;

g) Estimated conditions for implementing the project (for projects implemented under the Build-Transfer contract);

h) Preliminary financial analysis of the project including the following contents: total investment capital, capital structure and mobilization methods; state investment capital participating in the project (if any); expenses; sources of revenue, prices, fees for goods and services; time to recover capital, profit;

i) Preliminary estimate of risks during the implementation of the project and risk allocation between competent state agencies and investors;

k) Proposals for investment incentives and guarantees (if any);

l) Preliminary estimate of the socio-economic effectiveness of the project; impact of the project on the environment, society, national defense, and security;

m) Other necessary contents.

3. For projects with construction components, in addition to the contents prescribed in Clause 2 of this Article, the project proposal shall include preliminary design in accordance with the provisions of the Construction Law.

Article 17. Review and Approval of Project Proposals

1. Ministries, sectors, People's Committees of provinces shall organize the review and approval of project proposals for Groups A, B, and C. Procedures and processes for preparing, reviewing, and approving important national project proposals shall be carried out in accordance with the laws on public investment.

2. For projects using state investment capital, based on the estimated level and source of capital to be used, ministries, sectors, and People's Committees of provinces shall report to the competent authority in accordance with the laws on public investment to decide on the policy of using capital before approving the project proposal.

3. The dossier for approving the policy of using state investment capital participating in the implementation of the project includes:

a) Document requesting the use of state investment capital participating in the implementation of the project;

b) Project proposal;

c) Opinion of the competent authority on the capital source and the ability to balance state investment capital participating in the implementation of the project.

4. The maximum time limit for approving the policy of using state investment capital participating in the implementation of the project as stipulated in Clause 2 of this Article is 30 days from the date of receiving all required documents as stipulated in Clause 3 of this Article.

Article 18. Announcement of Projects

1. Within seven working days from the date the project proposal is approved, ministries, sectors, and People's Committees of provinces shall announce the project and the list of projects on the national bidding system in accordance with the laws on bidding.

2. Announced projects must include the following main contents:

a) Project name and type of project contract;

b) Objectives, scale, location of the project implementation and other projects (if any);

c) Summary of technical requirements, standards, quality of construction works, products, or services provided under the project;

d) Estimated total investment capital; state investment capital participating in the project implementation (if any);

đ) Estimated schedule, time limit for implementing the project, including the time for preparing feasibility study reports, selecting investors, construction period, completion, and commissioning of works;

e) Updated information on the project implementation situation as stipulated in Point đ Clause of this Article;

g) Contact address of the competent state agency.

Article 19. Conversion of investment form for projects invested with public investment capital

1. Projects currently being invested with public investment capital may be considered for conversion to implement under the public-private partnership model if they meet the conditions stipulated in Clause 1, Article 15 of this Decree.

2. The Ministry of Planning and Investment shall guide the procedures for converting the investment form as prescribed in Clause 1 of this Article.

Section 2

PROJECTS PROPOSED BY INVESTORS

Article 20. Conditions for proposing projects

1. Investors may propose projects outside those approved and announced by Ministries, sectors, provincial People's Committees according to the provisions of Section 1, Chapter of this Law.

2. Projects proposed by investors must meet the following requirements:

a) The conditions stipulated in Clause 1, Article 15 of this Decree;

b) State-owned enterprises must form a consortium with other enterprises to propose projects.

Article 21. Project proposal dossier of investors

1. Investors prepare project proposal dossiers to submit to Ministries, sectors, provincial People's Committees.

2. Contents of the project proposal dossier:

a) Document proposing the implementation of the project;

b) Project proposal (including the contents specified in Clauses 2 and 3, Article 16 of this Decree);

c) Documents confirming the legal status, capacity, and experience of the investor;

d) Experience in implementing similar projects (if any);

đ) Other necessary documents to explain the project proposal (if any).

Article Article 22. Examination and approval of project proposals by investors

1. Project proposals by investors shall be examined and approved in accordance with the provisions of Article 17 of this Decree within thirty days from the date of receipt of complete dossiers.

2. The Ministry of Planning and Investment shall guide the implementation of this Article.

Article 23. Announcement of project proposals by investors

1. In cases where the project proposals by investors are approved, Ministries, sectors, provincial People's Committees shall announce the project proposals and information about the proposing investors as stipulated in Article 18 of this Decree.

2. For project proposals containing content related to intellectual property rights, trade secrets, technology, or funding arrangements that need to be kept confidential, investors shall agree with Ministries, sectors, provincial People's Committees on the content to be announced.

Chapter IV

PREPARATION, EXAMINATION AND APPROVAL OF REPORTS

 FEASIBILITY STUDY

Article 24. Responsibility for preparing feasibility study reports

1. Ministries, sectors, provincial People's Committees organize the preparation of feasibility study reports for projects to serve as the basis for tendering documents to select investors and negotiating project contracts.

2. For projects proposed by investors and approved in accordance with the provisions of Article 22 of this Decree, Ministries, sectors, provincial People's Committees shall assign investors to prepare feasibility study reports.

3. Assigning investors to prepare feasibility study reports shall be carried out based on a written agreement between Ministries, sectors, provincial People's Committees and investors. The agreement must specify the purpose, requirements, costs for preparing the feasibility study report, costs for hiring independent consultants to examine the report, and principles for handling situations where another investor is selected to implement the project.

Article 25. Content of Feasibility Study Reports

1. The feasibility study report for a project shall include the following main contents:

a) Detailed analysis of the necessity of investment and the advantages of implementing the project compared to other forms of investment; type of project contract;

b) Evaluation of the project's suitability with planning, development plans, and the conditions stipulated in Clause 1, Article 15 of this Decree;

c) Objectives, scale, components (if any), and location of the project; land use needs and natural resources;

d) Technical and technological explanations to meet the quality requirements of construction works, products, or services provided;

đ) Assessment of the current status of facilities, machinery, equipment, asset value (for O&M contracts); conditions for implementing the project (for BT contracts);

e) Schedule, time frame for implementing the project; construction and operation period; organizational management, business, or service provision plan;

g) Overall compensation, land clearance, resettlement plan;

h) Financial plan of the project (including the contents specified in Point h, Clause 2, Article 16 of this Decree);

i) Ability to mobilize funds to implement the project; assessment of market payment needs and capabilities; survey of investor and lender interest in the project;

k) Risk analysis, responsibilities of parties regarding risk management during project implementation;

l) Recommendations for investment incentives and guarantees (if any);

m) Economic and social effects and environmental, social, national defense, and security impacts of the project.

2. For projects with construction components, in addition to the contents specified in Clause 1 of this Article, the feasibility study report shall include basic design in accordance with laws on construction.

3. Group C projects do not have to prepare feasibility study reports but must have basic designs and financial plans in project proposals as the basis for selecting investors and negotiating project contracts.

4. Ministries and sectors shall coordinate with the Ministry of Planning and Investment to provide detailed guidance on the content of feasibility study reports in line with project implementation and management requirements of the sector.

Article 26. Review of Feasibility Study Reports

1. Authority to review feasibility study reports:

a) The National Appraisal Council shall review national key projects;

b) The Minister, Head of a Governmental Agency at the Ministerial Level, or the Chairman of the People's Committee of a province shall instruct the lead unit managing PPP activities to organize the review of Class A and Class B projects.

2. Documents for reviewing feasibility study reports:

a) Project appraisal report;

b) Feasibility study report;

c) Relevant documents and legal texts.

3. Contents of the review:

a) The necessity of implementing the project: The alignment of the project with industry, regional, and local development plans; the urgency and advantages of implementing the project through the PPP model compared to other investment forms;

b) Evaluation of basic factors of the project: Objectives and scale appropriateness of the project; design, technical, and technological requirements; organizational management and business operation or service provision schemes;

c) The feasibility of the project: Financial plan of the project, ability to mobilize resources for implementation; land use, site clearance, resource utilization; supply capacity of goods and services and organizational implementation solutions to meet demand and payment capability of users; risks during construction, exploitation, and management of the project and preventive and risk reduction measures; investor and lender interest in the project;

d) The effectiveness of the project: Results and contributions of the project to economic and social development tasks; environmental, social, and national defense and security impacts;

d) Other necessary contents.

4. Time limit for reviewing the feasibility study report:

a) For national key projects: Not exceeding 90 days;

b) For Group A projects: Not exceeding 40 days;

c) For Class B projects: Not exceeding thirty days.

5. The appraisal agency may hire consultants to appraise part or all of the contents stipulated in Clause 3 of this Article.

Article 27. Authority to Approve Feasibility Study Reports

1. The Prime Minister shall approve feasibility study reports of national key projects.

2. The Minister, Head of a Governmental Agency at the Ministerial Level, or the Chairman of the People's Committee of a province shall approve feasibility study reports of Class A and Class B projects, except for projects using ODA funds and preferential loans from foreign donors in the fields of national defense, security, and religion.

Article 28. Amendment of Feasibility Study Reports

1. Feasibility study reports may be reviewed for amendment in the following cases:

a) The project is affected by natural disasters or other force majeure events;

b) New factors emerge that bring higher efficiency to the project;

c) Changes in planning that directly affect the project's objectives, location, and scale.

d) The project fails to attract investors' interest after market research, preliminary selection, or bidding to select investors has been conducted;

đ) Other cases as decided by the Prime Minister.

2. Procedures for reviewing, approving, and amending feasibility study reports shall be carried out according to the provisions of Article 26 and Article 27 of this Decree.

Chapter V

SELECTION OF INVESTORS AND SIGNING OF INVESTMENT AGREEMENTS

PROJECT INVESTMENT, CONTRACT

Article 29. Selection of Investors

1. The selection of investors shall be conducted through open tendering or direct assignment.

2. Investors shall enjoy incentives during the tendering process to select investors if they have feasibility study reports or project proposals (for Class C projects) approved by ministries, sectors, or provincial people's committees.

3. Conditions and procedures for selecting investors and incentives for investors during the tendering process to select investors shall be implemented in accordance with laws on tendering.

Article 30. Signing of Investment Agreements

1. The competent state agency organizing negotiations on the project contract with the selected investor (hereinafter referred to as the parties) shall do so in accordance with the provisions of Article 29 of this Decree.

2. After concluding the negotiation of the project contract, the competent state agency and the investor shall sign an investment agreement to confirm the following contents:

a) Draft project contract;

b) Rights and obligations of each party in carrying out the procedures stipulated in Articles 40 and 42 of this Decree to obtain an investment registration certificate and establish a project company;

c) Other contents agreed upon by the parties.

Article 31. Signing of Project Contracts

1. After the project has been granted the investment registration certificate in accordance with Clause 3, Article 40 of this Decree, the competent state agency and the investor shall sign the project contract.

2. For Category C projects, after concluding negotiations on the project contract, the competent state agency and the investor shall sign the project contract.

3. The rights and obligations of the project enterprise shall be agreed upon in one of the following ways:

a) The project enterprise signs the project contract to join together with the investor as one party to the project contract;

b) The competent state agency, the investor, and the project enterprise shall sign a document allowing the project enterprise to assume and perform the rights and obligations of the investor as stipulated in the investment registration certificate and the project contract. This document is an integral part of the project contract.

Article 32. Contents of the Project Contract

1. Based on the objectives, nature, and type of the project contract, the parties shall agree on all or some of the following basic contents:

a) Objectives, scale, location, duration, and progress of implementing the project; construction time for the project works;

b) Technical requirements, technology, quality of the project works, products, or services provided;

c) Total investment capital and financial plan of the project;

d) Conditions, ratios, and progress of disbursement of State capital participating in implementing the project (if applicable);

đ) Land use conditions and related works;

e) Compensation, clearance, resettlement;

g) Construction, inspection, supervision, quality management, acceptance, settlement of the project;

h) Inspection, operation, maintenance, business, and exploitation of project works; transfer of project works;

i) Safety assurance and environmental protection;

k) Conditions and procedures for the lender or designated organization to take over the project;

l) Risk allocation between the competent state agency and the investor; force majeure events and principles for handling them;

m) Forms of incentives and investment guarantees (if applicable);

n) Laws governing the project contract relationship, related contracts, and dispute resolution mechanisms;

o) Effectiveness and duration of the project contract;

p) Principles and conditions for amending, supplementing, terminating the project contract; transferring rights and obligations under the project contract;

q) Other contents agreed upon by the signing parties.

2. Documents accompanying the project contract (if any) include appendices, other documents, and papers which are integral parts of the project contract.

3. Based on the types of project contracts prescribed in Clauses 3, 4, 5, 6, 7, 8, and 9 of Article 3 of this Decree, ministries, sectors, and provincial People's Committees shall propose similar types of contracts for submission to the Prime Minister for consideration and decision.

4. Based on the provisions of Clause 1 of this Article, ministries and sectors shall coordinate with the Ministry of Planning and Investment to provide detailed guidance on the contents of the project contract in accordance with the requirements for implementation and management of the project in their respective sectors.

Article 33. Right to Take Over the Project by the Lender

1. The lender has the right to take over or designate an organization with sufficient capacity to take over part or all of the rights and obligations of the investor or the project enterprise (hereinafter referred to as the right to take over the project) if the investor or the project enterprise fails to fulfill the obligations stipulated in the project contract or loan agreement.

2. The agreement on the right to take over the project must be established in writing between the lender and the competent state agency or with the parties signing the project contract. The lender and the competent state agency decide the time to sign the agreement on the right to take over the project.

3. After taking over the project, the lender or the organization designated by the lender must fully perform the corresponding obligations of the investor or the project enterprise as stipulated in the project contract and the agreement on the right to take over the project.

Article 34. Transfer of Rights and Obligations under the Project Contract

1. The investor has the right to transfer part or all of the rights and obligations under the project contract to the lender or another investor.

2. The transfer of part or all of the rights and obligations under the project contract shall not affect the objectives, scale, technical standards, and progress of implementing the project and must comply with investment and business conditions prescribed by laws on investment and other conditions agreed upon in the project contract.

3. The agreement on the transfer prescribed in Clause 1 of this Article must be established in writing and signed by the parties in the project contract and the transferee. The lender participates in negotiating the transfer agreement according to the loan agreement.

Article 35. Amending and Supplementing Project Contracts

Project contracts may be amended or supplemented due to changes in the scale, technical standards of the works, agreed total investment capital, or due to force majeure events, adjustments to feasibility study reports as stipulated in Article 28 of this Decree, and other cases specified in the project contract.

Article 36. Duration of Project Contracts

1. The duration of project contracts shall be agreed upon by the parties in accordance with the field, scale, nature, and type of contract and project.

2. A project contract terminates its effectiveness upon the expiration of the agreed term or prematurely due to the fault of one party without effective remedial measures, due to force majeure events, or other cases specified in the project contract.

3. The parties sign an agreement on the conditions for terminating the project contract and the measures to handle the termination of the project contract.

Article 37. Application of Foreign Law

1. The contracting parties may agree on the application of foreign law to regulate the following contracts:

a) Project contracts where one party is a foreign investor;

b) Contracts for which the Government guarantees obligations under the provisions of Article 57 of this Decree.

2. The agreement on the application of foreign law as stipulated in Clause 1 of this Article must not contravene the provisions of Vietnamese law regarding the choice and application of foreign law.

Article 38. Guarantee of Contract Performance

The competent state agency and the investor shall agree on the form, value, and duration of effectiveness of the guarantee for the implementation of the project contract in accordance with the provisions of the law on bidding.

Chapter VI

REGISTRATION PROCEDURES FOR INVESTMENT AND ESTABLISHMENT OF PROJECT ENTERPRISES

PROJECT ENTERPRISE

Article 39. Authority to Issue, Adjust, and Revoke Investment Registration Certificates

1. The Ministry of Planning and Investment shall issue, adjust, and revoke investment registration certificates for the following projects:

a) National key projects;

b) Projects for which ministries, sectors, or authorized agencies of ministries or sectors are state authorities with competent authority to conclude project contracts;

c) Projects implemented in two or more provinces or centrally governed cities.

2. Provincial People's Committees shall issue, adjust, and revoke investment registration certificates for projects not covered by Clause 1 of this Article.

3. Group C projects are exempt from the procedure for issuing investment registration certificates.

Article 40. Documents and Procedures for Issuing, Adjusting, and Revoking Investment Registration Certificates

1. The documents for requesting issuance of an investment registration certificate include:

a) A request letter for issuance of an investment registration certificate;

b) Investment agreements and draft project contracts;

c) Feasibility study reports and decisions approving the project;

d) Approval documents for the use of state investment capital participating in the implementation of the project (if applicable);

đ) Joint venture contracts and draft charters of project enterprises (if applicable);

e) Decisions selecting investors.

2. Investors shall submit five sets of documents, including at least one original set to the agency specified in Article 39 of this Decree.

3. The agency specified in Article 39 of this Decree shall issue the investment registration certificate within twenty-five days from the date of receipt of complete and valid documents.

4. The Ministry of Planning and Investment shall provide detailed regulations on the documents and procedures for issuing, adjusting, and revoking investment registration certificates.

Article 41. Contents of Investment Registration Certificates

1. An investment registration certificate shall include the following main contents:

a) Name and address of the investor;

b) Project name;

c) Objectives, scale, requirements, and conditions for implementing the project (if applicable);

d) Location of the project and land area used;

đ) Total investment capital of the project; capital structure;

e) Duration and progress of the project;

g) Value, ratio, progress, and conditions for disbursing state investment capital participating in the implementation of the project (if applicable);

h) Investment incentives (if applicable).

2. For BT projects, in addition to the contents related to construction projects as stipulated in Clause 1 of this Article, the investment registration certificate must specify the conditions for implementing other projects.

3. Other projects shall follow the procedures for issuing investment registration certificates as prescribed by laws on investment.

Article 42. Establishment of Project Enterprises

1. After being granted the investment registration certificate, the investor shall establish an enterprise to implement the project in accordance with the objectives and scope of activities agreed upon in the project contract. The procedures for establishing a project enterprise shall be carried out in accordance with the provisions of the Enterprise Law.

2. For projects implemented under a Build-Transfer (BT) contract or Group C projects, the investor may decide to establish a project enterprise in accordance with the provisions of Clause 1 of this Article or directly implement the project but must organize independent management and accounting for the project's investment capital and activities.

Chapter VII

IMPLEMENTATION OF PROJECTS

Article 43. Conditions for Implementing Projects

1. Projects shall be implemented based on the conditions agreed upon in the project contract after the investor has been granted the investment registration certificate.

2. Group C projects shall be implemented after the project contract has been signed.

3. Other projects shall be implemented simultaneously or after the completion of infrastructure works as stipulated in the project contract.

Article 44. Selection of Contractors for Project Implementation

The investor and the project enterprise shall issue regulations for selecting consulting contractors, suppliers of goods, construction contractors, and other contractors based on ensuring fairness, transparency, and economic efficiency, to be uniformly applied during the implementation of the project.

Article 45. Preparation of Construction Sites

1. The provincial People's Committee shall be responsible for organizing land clearance and completing land transfer and lease procedures to implement the project in accordance with the provisions of the Land Law, the project contract, and related contracts.

2. Competent state agencies shall coordinate with the provincial People's Committee to fulfill the responsibilities specified in Clause 1 of this Article.

Article 46. Preparation of Construction Design

1. Based on the feasibility study report and the provisions of the project contract, the investor and the project enterprise shall prepare technical designs to be submitted to competent state agencies for supervision and inspection. Any changes to the technical design that affect the scale, technical standards, or progress of the project must be approved in writing by competent state agencies.

2. The review of construction design shall be carried out in accordance with the provisions of the law on construction.

Article 47. Supervision of Project Contract Implementation

1. The investor and the project enterprise shall be responsible for the quality of the project's works and services; they shall self-supervise and manage or hire independent consulting organizations to manage and supervise construction work, inspect individual components, and the entire project according to the design and business plan stipulated in the project contract.

2. Competent state agencies shall supervise the compliance of the investor and the project enterprise with their obligations as stipulated in the project contract.

3. In necessary cases, competent state agencies may hire consulting organizations with sufficient capacity to assist in performing the tasks specified in Clause 2 of this Article.

Article 48. Quality Control of Works

1. When supervising the quality of works transferred to the State after completion, in addition to the tasks specified in Article 47 of this Decree, state agencies shall have the responsibility to:

a) Inspect the construction supervision process in accordance with the requirements set forth in the project contract;

b) Inspect compliance with management operation procedures, standards, and norms of the works according to the project contract;

c) Organize inspections of the quality of parts and sections of the works and the entire construction project when there are doubts about the quality or when requested by state management agencies;

d) Request the investor to require the contractor to adjust or suspend construction if the quality of the work performed does not meet the requirements.

2. Quality control of works in Build-Transfer (BT) projects shall be carried out in accordance with the procedures prescribed for public investment projects.

3. The Ministry of Construction shall provide guidance on implementing the provisions of this Article.

Article 49. Management and operation of project works

1. The investor and the project enterprise shall manage and operate the project works or implement other projects according to the conditions agreed upon in the project contract.

2. During the operation of the works or provision of services, the project enterprise shall be responsible for:

a) Supplying products, services, and performing other obligations as required and agreed upon in the project contract;

b) Ensuring the use of the works in accordance with the conditions specified in the project contract;

c) Treating all users of the products and services provided by the project enterprise equally; not using the right to operate the works to refuse service provision to users.

d) Repairing, maintaining regularly, and ensuring safe operation of the works according to the design or procedures committed in the project contract.

Article 50. Prices, Fees, and Other Revenue

1. Prices, fees, other revenues, and conditions and procedures for adjustment shall be agreed upon in the project contract in accordance with the principle of ensuring interests between the investor, the project enterprise, the user, and the State, creating conditions for the investor to recover capital and profit.

2. The agreement and adjustment of prices, fees, and other revenues managed by the State must comply with the provisions of the law on prices and fees and the conditions stipulated in the project contract.

3. When adjusting prices, fees, and other revenues as prescribed in Clause 1 and Clause 2 of this Article, the investor and the project enterprise must notify the competent state agency and users of goods and services thirty days in advance.

Article 51. Support for Service Fee Collection

The investor and the project enterprise shall be facilitated to collect the correct and full price and service fees, other revenues; they shall be supported by the competent state agency in collecting service fees and other revenues.

Article 52. Supervision, Evaluation of Investment, and Financial Transparency

1. The supervision and evaluation of the project shall be carried out in accordance with the provisions of the law on supervision and evaluation of investment and the agreement in the project contract.

2. Investors and project enterprises shall disclose financial reports and audit reports in accordance with the laws and agreements in the project contract.

Chapter VIII

SETTLEMENT AND TRANSFER OF PROJECT WORKS

Article 53. Settlement of Project Works

1. Within six months from the date of completion of the project works, the investor shall settle the construction investment capital.

2. The competent state agency shall agree with the investor on selecting an independent auditing organization with capability and experience to conduct the audit of the construction investment capital value of the project works.

3. The Ministry of Finance shall guide the implementation of regulations on the settlement of the project works' value as stipulated in this Article.

Article 54. Transfer of Project Works

1. For project contracts that provide for the transfer of project works, the competent state agency and the investor shall agree in the project contract on the conditions and procedures for transfer.

2. The transfer of project works shall be carried out according to the following conditions and procedures:

a) One year before the transfer date or within the period agreed upon in the project contract, the investor and the project enterprise must publish a public notice regarding the transfer of the works, the procedures, deadlines for contract termination, and payment of debts;

b) The competent state agency shall organize the inspection of the quality, value, and condition of the works as agreed upon in the project contract, compile a list of transferred assets, determine any damages (if any), and require the project enterprise to carry out repairs and maintenance of the works;

c) The investor and the project enterprise must ensure that the transferred assets are not used to guarantee the fulfillment of financial or other obligations arising before the transfer date, except where otherwise provided in the project contract;

d) The project enterprise shall be responsible for transferring technology, training, and conducting regular maintenance and major overhauls to ensure technical operating conditions consistent with the requirements of the project contract.

đ) After receiving the project works, the competent state agency shall organize the management and operation of the works according to its functions and authorities;

Chapter IX

INVESTMENT INCENTIVES AND GUARANTEES

Article 55. Investment Incentives

1. Investors and project enterprises shall enjoy tax incentives on corporate income tax as prescribed by the Corporate Income Tax Law.

2. Goods imported for the implementation of the project shall enjoy tax incentives as prescribed by the Export Duties Law and Import Duties Law.

3. Investors and project enterprises are exempted or granted reductions on land use fees for the area of land allocated by the State or on land rental fees during the implementation period of the project in accordance with the provisions of the Law on Land.

4. Investors and project enterprises shall enjoy other incentives as prescribed by law.

Article 56. Taxation for Contractors Participating in Project Implementation

Foreign contractors and domestic contractors participating in project implementation shall fulfill tax obligations and enjoy tax incentives in accordance with the provisions of the law.

Article 57. Guaranteeing the Obligations of Investors, Project Enterprises, and Other Enterprises

Based on the nature and requirements of the project, the Prime Minister designates the agency representing the Government to provide guarantees for the supply of raw materials, product consumption, services, and other contractual obligations for investors, project enterprises, or other enterprises participating in the project, and guarantees the obligations of state-owned enterprises selling fuel, raw materials, purchasing products, and services from investors and project enterprises.

Article 58. Mortgage of Assets, Business Rights of Project Facilities

1. Investors and project enterprises may mortgage assets, land use rights, and business rights of project facilities to the lender in accordance with the provisions of the Law on Land and Civil Law. The mortgage period shall not exceed the term of the project contract, except where otherwise agreed upon in the project contract.

2. The agreement on mortgaging assets and business rights of project facilities must be documented in a written contract signed between the lender and the parties signing the project contract.

3. The mortgage of assets and business rights of project facilities shall not affect the objectives, scale, technical standards, progress of project implementation, and other conditions agreed upon in the project contract.

Article 59. Ensuring the Right to Land Use

The purpose of land use for the project shall be guaranteed to remain unchanged throughout the entire duration of the project contract, including cases where the lender takes over the project according to Article 33 of this Decree.

Article 60. Ensuring Foreign Currency Balance

1. Investors and project enterprises are allowed to purchase foreign currency from credit institutions authorized to operate foreign exchange transactions to meet the needs of current account transactions, capital account transactions, and other transactions, or to transfer capital, profits, and liquidation proceeds of investments abroad in accordance with the provisions of the Law on Foreign Exchange Management.

2. Projects under the authority of the National Assembly to decide on investment policies, infrastructure construction projects within the government's investment program, and other important projects as decided by the Prime Minister shall be considered for ensuring the availability of foreign currency to meet the transactions specified in Clause 1 of this Article.

3. Based on the direction of socio-economic development, foreign exchange management policy, the ability to balance foreign currency in each period, and the goals and nature of the project, the Prime Minister decides and designates the agency to ensure the foreign currency balance for the projects specified in Clause 2 of this Article based on the proposals of ministries, sectors, and localities.

Article 61. Ensuring the Provision of Public Services

1. Investors and project enterprises are entitled to use land, roads, and other auxiliary facilities to implement the project in accordance with the provisions of the law.

2. In cases of scarcity of public utility services or restrictions on the users of public facilities, investors and project enterprises are prioritized to provide such services or are given priority in obtaining the right to use public facilities to implement the project.

3. The competent state agency is responsible for supporting investors and project enterprises in completing necessary procedures to obtain preferential use of services and public facilities.

Article 62. Guarantee of Property Ownership Rights

1. The lawful property of investors shall not be nationalized or confiscated through administrative measures.

2. In cases where the State purchases or requisitions property for reasons of national defense, security, or national interest, emergency situations, or disaster prevention and control, the investor shall be compensated according to the provisions of the Law on Investment, laws on purchasing and requisitioning property, and the conditions agreed upon in the project contract.

Article 63. Dispute Resolution

1. Disputes between competent state agencies and investors or project enterprises and disputes between project enterprises and participating economic organizations shall first be resolved through negotiation and mediation. If resolution cannot be achieved through negotiation and mediation, the parties may bring the dispute to arbitration or the Vietnamese court as provided by Vietnamese law, except for the cases specified in Clause 2 and Clause 3 of this Article.

2. Disputes between competent state agencies and foreign investors or project enterprises established by foreign investors pursuant to Article 42 of this Decree during the implementation of the project contract and the guarantee contracts stipulated in Article 57 of this Decree shall be resolved through arbitration or the Vietnamese court or an arbitral tribunal agreed upon by the parties.

3. Disputes between project enterprises and foreign organizations or individuals or with Vietnamese economic organizations and disputes among investors shall be resolved in accordance with the Investment Law.

4. Disputes resolved by arbitration as stipulated in the project contract and related contracts are commercial disputes. Foreign arbitral awards shall be recognized and enforced in accordance with the provisions of the law on recognition and enforcement of foreign arbitral awards.

Chapter X

STATE MANAGEMENT RESPONSIBILITIES FOR INVESTMENT UNDER THE PUBLIC-PRIVATE PARTNERSHIP FORM

Article 64. Responsibilities of the Ministry of Planning and Investment

1. Assist the Government in uniformly managing investment activities under the public-private partnership form throughout the country.

2. Take the lead and coordinate with relevant ministries and sectors to guide the implementation of regulations on the management and use of preparatory investment support funds; procedures for converting the form of investment projects currently being implemented with public investment capital; documents and procedures for approving investor project proposals; documents and procedures for issuing, adjusting, and revoking investment registration certificates; using state investment capital to participate in implementing projects; transferring rights and obligations under the project contract, and other issues within the scope of authority prescribed in this Decree.

3. Review and submit to the Prime Minister for consideration and decision on similar types of project contracts as proposed by ministries, sectors, and provincial People's Committees.

4. Take the lead and coordinate with the Ministry of Finance to compile plans for the use of state investment capital to participate in implementing projects; manage preparatory investment support funds.

5. Coordinate with the Ministry of Finance to provide guidance on disbursing state investment capital to participate in implementing projects.

6. Issue, adjust, and revoke investment registration certificates for projects within its jurisdiction; review sources of state investment capital participating in implementing projects according to its authority; provide opinions on matters within its functions and authorities at the request of ministries, sectors, and provincial People's Committees.

7. Take the lead and coordinate with ministries, sectors, and provincial People's Committees to review proposals for applying other forms of investment guarantees not provided for in this Decree.

8. Take the lead and coordinate with ministries, sectors, and provincial People's Committees to supervise, inspect, audit, and compile and evaluate the implementation of projects nationwide.

9. Develop and manage the national information system and database on investment under the public-private partnership form.

10. Organize training and enhance capacity for implementing public-private partnership investment projects.

11. Perform other tasks and powers as prescribed by law.

Article 65. Responsibilities of the Ministry of Finance

1. Guide the use of investment preparation costs and project implementation expenses of ministries, sectors, provincial People's Committees; mechanisms for implementing projects under Build-Transfer (BT) contracts; financial plans for projects; final accounts of project works and other related issues within the authority defined in this Decree.

2. Take the lead and coordinate with the Ministry of Planning and Investment to guide the disbursement of state capital participating in project implementation.

3. Coordinate with the Ministry of Planning and Investment to develop plans for using state capital participating in project implementation and manage sources of support for investment preparation.

4. Participate in opinions on measures to ensure investment and investment incentives for projects.

5. Participate in opinions on matters within their functions and authorities at the request of ministries, sectors, and provincial People's Committees.

6. Aggregate and evaluate data on public debt of projects and government financial obligations.

7. Perform other tasks and exercise other powers as prescribed by law.

Article 66. Responsibilities of the Ministry of Justice

1. Provide legal opinions on project contracts, government guarantee documents, and other documents related to projects signed by state agencies.

2. Participate in negotiations on issues related to applicable laws, dispute resolution, government guarantees, and other legal issues of project contracts and related contracts upon the request of ministries, sectors, and provincial People's Committees.

1. Coordinate with ministries, sectors, and provincial People's Committees to submit to the Prime Minister for decisions on ensuring foreign currency requirements.

Article 67. Responsibilities of the State Bank of Vietnam

1. Provide opinions on the ability to balance foreign exchange for projects as requested by ministries, sectors, and provincial People's Committees; aggregate foreign exchange needs of projects and manage state foreign exchange reserves to ensure the ability to balance foreign exchange for projects.

2. Participate in reviewing issues within their functions and authorities as requested by ministries, sectors, and provincial People's Committees.

1. Coordinate with ministries, sectors, and provincial People's Committees to submit to the Prime Minister for decisions on ensuring foreign currency requirements.

Article 68. Responsibilities of the Ministry of Construction

1. Guide the implementation of regulations on supervising and managing the quality of project works and cost standards for project management units' activities.

2. Participate in reviewing issues within their functions and authorities as requested by ministries, sectors, and provincial People's Committees.

1. Coordinate with ministries, sectors, and provincial People's Committees to submit to the Prime Minister for decisions on ensuring foreign currency requirements.

Article 69. Responsibilities of Ministries and Sectors

1. Implement state management over public-private partnership (PPP) investment in areas under their jurisdiction.

2. Develop and publish projects within their jurisdiction.

3. Take the lead and coordinate with the Ministry of Planning and Investment to guide the implementation of regulations assigned in this Decree.

4. Participate in opinions on matters within their functions and authorities as requested by ministries, sectors, and provincial People's Committees.

5. Aggregate and evaluate the situation of project implementation within their sector's jurisdiction.

6. Submit to the Prime Minister for consideration and decision on implementing other forms of investment guarantees not provided for in this Decree.

7. Perform other tasks and exercise other powers as prescribed by law.

Article 70. Responsibilities of Provincial People's Committees

1. Implement state management over PPP investment within their jurisdiction according to the delegation of the Government.

2. Develop and publish local projects.

3. Review, issue, adjust, and revoke investment registration certificates for projects within their authority.

4. Participate in opinions on matters within their functions and authorities as requested by ministries, sectors, and provincial People's Committees.

5. Summarize and evaluate the implementation status of projects within their respective localities.

6. Take the lead and coordinate with competent state agencies to organize land clearance for project implementation.

7. Submit to the Prime Minister for consideration and decision on implementing other forms of investment guarantees not yet specified in this Decree.

8. Perform other tasks and exercise other powers as prescribed by law.

Chapter XI

IMPLEMENTING PROVISIONS

Article 71. Effective Date

1. This Decree shall take effect from April 10, 2015.

2. The following Decrees and Decisions shall cease to be effective from the date this Decree takes effect:

a) Decree No. 108/2009/NĐ-CP dated November 27, 2009 of the Government on investment under BOT contracts, BTO contracts, and BT contracts;

b) Decree No. 24/2011/NĐ-CP dated April 5, 2011 of the Government amending certain articles of Decree No. 108/2009/NĐ-CP on investment under BOT contracts, BTO contracts, and BT contracts;

c) Decision No. 71/2010/QĐ-TTg dated November 9, 2010 of the Prime Minister promulgating the Pilot Regulation on investment under public-private partnership.

Article 72. Transitional Provisions

1. Lists of projects announced before the date this Decree takes effect must be reviewed and approved again in accordance with the provisions of this Decree, except for cases that have been approved by the Prime Minister.

2. Feasibility study reports approved before the effective date of this Decree do not need to be re-approved according to this Decree.

3. Projects which have had decisions approving the results of investor selection before the date this Decree takes effect are not required to select investors again according to the provisions of this Decree.

4. Project contracts signed before the date this Decree takes effect are not required to renegotiate.

5. Projects that have received investment certificates or project contracts officially signed before the date this Decree takes effect shall continue to be implemented in accordance with the provisions of the investment certificate and the project contract.

6. Projects that have commitments or approvals in writing from the Prime Minister or ministries, agencies, provincial People's Committees regarding state capital participation in implementing the projects, incentives, investment guarantees, and other contents related to project implementation before the date this Decree takes effect shall continue to be implemented in accordance with these documents.

7. Other cases shall be implemented based on the decision of the Prime Minister on the proposal of the Ministry of Planning and Investment.

Article 73. Implementation Organization

Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial People's Committees, and municipal People's Committees directly under the central government within their functions and powers shall be responsible for guiding and implementing this Decree./.