Decree No. 24/2011/NĐ-CP Amending certain Articles of Decree No. 108/2009/NĐ-CP dated November 27, 2009 on investment under build-operate-transfer (BOT), build-transfer-operate (BTO), and build-transfer contracts.

DECREE

Amending some Articles of Decree No. 108/2009/NĐ-CP dated November 27, 2009 on investment under build-operate-transfer (BOT), build-transfer-operate (BTO), and build-transfer contracts

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THE GOVERNMENT

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

Based on the Investment Law dated November 29, 2005;

Pursuant to the Construction Law dated November 26, 2003;

Pursuant to the Enterprise Law dated November 29, 2005;

Pursuant to the Law Amending and Supplementing Certain Provisions of Laws Related to Basic Construction Investment on June 19, 2009;

The Prime Minister issues this Decision on principles, criteria, and allocation standards for state budget investment capital development phase 2016-2020.

DECREE:

Article 1. Amend some Articles of Decree No. 108/2009/NĐ-CP as follows:

a) Amending and supplementing Point c Clause 2 as follows:

"Article 4. Investment sectors

1. The Government encourages the implementation of projects for constructing and operating and managing new infrastructure works or projects for renovating, expanding, modernizing, and operating and managing existing works in the following fields:

a) Roadways, road bridges, road tunnels, ferry terminals;

b) Railways, railway bridges, railway tunnels;

c) Airports, seaports, river ports;

d) Water supply systems; drainage systems; wastewater collection and treatment systems, waste disposal systems;

đ) Power plants, power transmission lines;

e) Infrastructure works in healthcare, education, training, vocational training, culture, sports, and government offices;

g) Other infrastructure works as decided by the Prime Minister.

2. For the works mentioned in point g of Clause 1 of this Article, relevant ministries, sectors, and provincial people's committees shall seek written opinions from related ministries, sectors, and localities to submit to the Prime Minister for consideration and decision in each specific case."

2. Amend Clause 2 of Article 8 as follows:

"2. Costs for preparing and reviewing feasibility studies of projects, including costs related to preparing other projects funded from the State budget and other sources (if any)."

"a) Amend Point e of Clause 1 of Article 12 as follows:"

"2. Proposals for projects shall include the contents prescribed for preliminary feasibility reports under construction laws and the contents prescribed at points a, b, c, d, đ of Clause 2 and points a, b of Clause 3 of Article 12 of this Decree."

"(of the Ministry of Agriculture and Rural Development)"

"Article 12. Preparation and approval of feasibility studies

1. The competent state agency shall organize the preparation of feasibility studies as the basis for tendering and negotiating project contracts with investors.

2. In addition to the contents prescribed by construction laws, feasibility studies of BOT and BTO projects must include the following contents:

a) Analysis of the necessity and advantages of implementing the project through BOT and BTO contracts compared to other forms of investment;

b) Determination of goods, services, and expected prices or fees from the operation of the project works;

c) Determination of construction time, operation period, and management and business organization methods of the project works;

d) Determination of conditions and methods of transferring and receiving the project works in accordance with the provisions of Chapter VI of this Decree;

đ) Proposal for applying investment incentives, support, and government guarantees (if any) in accordance with the provisions of Chapter VII of this Decree.

3. In addition to the contents prescribed by construction laws, feasibility studies of BT projects must include the following contents:

a) Contents suitable for points a, d, đ of Clause 2 of this Article;

b) Payment conditions in cash or conditions for implementing other projects.

4. Authority to approve feasibility studies:

a) The Prime Minister approves feasibility studies of national key projects according to the Resolution of the National Assembly;

b) Ministers, heads of ministerial-level agencies, and chairmen of provincial people's committees approve feasibility studies of Projects belonging to Groups A, B, and C."

5. Before approving feasibility studies in accordance with point b of Clause 4 of this Article, relevant ministries, sectors, and provincial people's committees shall submit to the Prime Minister for consideration and decision on government guarantees for projects or the use of central budget funds to support project implementation."

Article 2. Effective Date

This Decree takes effect from May 20, 2011.

Article 3. Implementation Organization

Ministers, heads of ministerial-level agencies, heads of governmental agencies, and chairmen of provincial people's committees within their respective functions and tasks are responsible for guiding and implementing this Decree./.