Decree No. 257/2025/NĐ-CP detailing the implementation of projects applying Build-Transfer (BT) contract types.

DECREE

Detailed regulations on the implementation of projects applying

Build-Transfer (BT) contracts

On the basis of 61/2014/QH13;

On the basis of Law on Investment under Public-Private Partnership Form No. 64/2020/QH14;

On the basis of Law Amending and Supplementing Certain Provisions of the Planning Law, Investment Law, Public-Private Partnership Investment Law, and Bidding Law No. 57/2024/QH15;

On the basis of Law Amending and Supplementing Certain Provisions of the Bidding Law, Public-Private Partnership Investment Law, Customs Law, Value Added Tax Law, Export Tax, Import Tax Law, Investment Law, Government Investment Law, State Asset Management and Utilization Law No. 90/2025/QH15;

At the proposal of the Minister of Finance;

The Government issues this Decree detailing the implementation of projects applying Build-Transfer (BT) contracts.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

Article 1. This Decree details certain provisions of the Public-Private Partnership Investment Law regarding the implementation of projects applying Build-Transfer (BT) contracts, including:

a) Article 11 on the implementation procedures for BT projects;

b) Article 42 on methods and criteria for evaluating tender documents;

c) Point a, Clause 2a, Article 45 on BT projects paid with land funds;

d) Point b, Clause 2a, Article 45 on BT projects paid with state budget funds.

Article 2. This Decree does not apply to BT projects that do not require payment as stipulated in Point c, Clause 2a, Article 45 of the Public-Private Partnership Investment Law.

Financial management mechanisms for BT projects, interest rates after construction period for BT projects paid with land funds shall be implemented according to the government's regulations on financial management mechanisms for public-private partnership investment projects and payment and settlement mechanisms for BT contract projects.

Article 2. Applicability

This Decree applies to organizations and individuals participating in or related to the implementation of BT projects as stipulated in Clause 1 of Article 1 of this Decree.

Article 3. Explanation of Terms

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

1. Land fund paymentis a plot of land, parcel of land, or land fund meeting the conditions specified in Clause 2, Article 6 of this Decree determined by the competent authority to pay to the investor or project enterprise (if any) implementing BT projects paid with land funds.

2. Corresponding projectis one or more projects carried out by the investor or project enterprise at the land fund payment location according to the BT project contract.

3. Actual value differenceis the difference between the value of the land fund payment at the time of land fund payment and the final account value of the BT project, or the value of the accepted quantity, or the value of the completed project component of the BT project.

4. Rate of increase to be paid to the state budgetis the rate proposed by the investor to determine the value of the increase to be paid to the state budget for the land fund payment.

5. Value of the increase to be paid to the state budgetis determined by multiplying the rate of increase to be paid to the state budget proposed by the investor with the actual value difference.

6. Land fund, state asset auctionis a plot of land, parcel of land, land fund, or state asset determined by the competent authority according to the laws on land and state asset management and utilization to organize auctions to generate revenue for the state budget to pay investors implementing BT projects.

7. Final account value of the BT projectis the value of the BT project completed and settled according to the laws on construction and relevant laws.

Article 4. Procedures for Implementing BT Projects

1. For BT projects within the authority to decide on investment orientation of the National Assembly, the implementation procedures shall be as follows:

a) Preparing and reviewing the pre-feasibility study report, submitting it to the National Assembly for decision on investment orientation;

b) Preparing and reviewing the feasibility study report, approving the project;

c) Selecting investors; preparing, reviewing, and approving technical design (in cases where three-stage design is applied) or construction drawing design (in cases where two-stage design is applied) and budget estimate; signing and implementing the project contract.

2. For BT projects paid with state budget funds or BT projects combining payment with land fund and state budget funds, except for projects specified in Clause 1 and Clause 4 of this Article, the implementation procedures shall be as follows:

a) Preparing and reviewing the proposal report on investment orientation, deciding on investment orientation;

b) Preparing and reviewing the feasibility study report or economic-technical report on construction investment for BT projects that require preparation of an economic-technical report on construction investment; approving the project;

c) Selecting investors; preparing, reviewing, and approving technical design (in cases where three-stage design is applied) or construction drawing design (in cases where two-stage design is applied) and budget estimate; signing and implementing the project contract.

3. For BT projects paid with land fund, except for projects specified in Clause 1 and Clause 4 of this Article, the implementation procedures shall be as follows:

a) Preparing and reviewing the feasibility study report or economic-technical report on construction investment for BT projects that require preparation of an economic-technical report on construction investment; approving the project;

b) Selecting investors; preparing, reviewing, and approving technical design (in cases where three-stage design is applied) or construction drawing design (in cases where two-stage design is applied) and budget estimate; signing and implementing the project contract.

4. For BT projects paid with land fund proposed by investors under the circumstances of investor designation according to the Law on Public-Private Partnership Investment, except for projects specified in Clause 1 of this Article, the implementation procedures shall be as follows:

a) Investors propose the project, prepare the feasibility study report attached with capability dossier and draft contract;

b) The competent authority organizes the review of the feasibility study report, approves the project and the result of investor designation, draft contract; technical design (in cases where three-stage design is applied) or construction drawing design (in cases where two-stage design is applied) and budget estimate;

c) Signing and implementing the project contract.

5. The competent authority may simultaneously carry out the procedures for reviewing and approving technical design (in cases where three-stage design is applied) or construction drawing design (in cases where two-stage design is applied) and budget estimate of BT project works specified in Point c Clause 1, Point c Clause 2, Point b Clause 3, and Point b Clause 4 of this Article during the process of selecting investors, but must ensure that the BT project contract is signed based on approved design and budget estimate.

6. In cases where BT projects specified in Clause 3 and Clause 4 of this Article need to go through the procedures for deciding on investment orientation to serve as the basis for deciding on the change of rice field land use purpose according to the laws on land, changing forest land use purpose according to the laws on forestry, and other procedures according to relevant laws, the procedures for preparing and reviewing the proposal report on investment orientation and deciding on investment orientation shall be carried out as stipulated in Point a Clause 2 of this Article. The authority to decide on investment orientation for BT projects in such cases shall be implemented as prescribed for BT projects paid with state budget funds.

Chapter II

PREPARATION OF PROJECTS

Article 5. Preparation and review of feasibility study reports, investment proposal reports, and investment policy decisions

1. For projects within the jurisdiction to decide on investment policies of the National Assembly, the procedures for preparing and reviewing feasibility study reports, investment proposal reports, and investment policy decisions for BT projects shall be carried out in accordance with Articles 13 and 14 of the Law on Investment under Public-Private Partnership and the Government's regulations on the procedures for reviewing national key projects.

2. For projects not falling under the provisions of Clause 1 of this Article, the procedures for preparing and reviewing feasibility study reports, investment proposal reports, and investment policy decisions for BT projects shall be carried out in accordance with the Government's detailed regulations on certain provisions of the Law on Investment under Public-Private Partnership.

3. Feasibility study reports and investment proposal reports for BT projects paid for with land funds shall include the following basic contents:

a) The necessity of investment; advantages of public-private partnership investment methods, types of BT project contracts; preliminary environmental impact assessment according to laws on environmental protection, as required for public investment projects (the investment proposal report does not need to implement this content).

b) Objectives; scale, location of the project; construction time frame and progress of the BT project works and contract duration; land and other resource requirements for implementing the BT project works (if applicable), excluding land requirements for anticipated payment to investors.

c) Preliminary design plan in accordance with construction laws; preliminary technical and technological explanations; preliminary division of project components (if applicable).

d) Preliminary economic and social effectiveness of the project; impacts of implementing the project on communities and residents within the project area.

đ) Preliminary total investment cost of the BT project works.

e) Anticipated payment method for investors, including specific determination of the location, area, and estimated value of the land fund for payment as stipulated in Article 6 of this Decree.

4. Feasibility study reports and investment proposal reports for BT projects paid for with state budget funds shall include the contents specified in Points a, b, c, d, and đ of Clause 3 of this Article, and the following content:

a) Anticipated payment method and value for cases where payment is made from public investment capital.

b) Location and area of the land fund and state assets planned for auction in cases where payment is made from proceeds after auction as stipulated in Article 7 of this Decree.

5. For BT projects combining payment with land funds and state budget funds, the competent authority shall determine the components to be paid with land funds and those to be paid with state budget funds. Feasibility study reports and investment proposal reports shall include the contents specified in Clauses 3 and 4 of this Article.

6. The review of feasibility study reports and investment proposal reports for BT projects shall include the following basic contents:

a) Conditions for selecting projects for investment under the PPP method as stipulated in Clause 1 of Article 14 of the Law on Investment under Public-Private Partnership.

b) Basis for preparing feasibility study reports and investment proposal reports in accordance with the Government's detailed regulations on certain provisions of the Law on Investment under Public-Private Partnership.

c) Requirements for technical and technological plans, quality standards of BT project works. The review of contents related to preliminary design plans, technical and technological aspects, and quality standards shall be conducted in accordance with construction laws and other relevant laws.

d) Preliminary total investment cost of the BT project works determined based on technical and technological plans and quality standards of the BT project works in accordance with construction laws.

đ) Payment method for investors in BT projects paid with state budget funds, including the following contents: source of funds and ability to balance public investment funds as stipulated by the Government's detailed regulations on certain provisions of the Law on Public Investment (for payments from public investment funds); location and area of the land fund and state assets planned for auction (for payments from proceeds after auction).

e) Payment method for investors in BT projects paid with land funds, including the following contents: location, area, and estimated value of the land fund for payment.

7. The investment policy decision for BT projects shall include the following main contents:

a) Project name; name of the competent authority; name of the proposed investor.

b) Objectives; anticipated scale, location, construction time frame of the BT project works and contract duration.

c) Preliminary total investment cost of the BT project works.

d) Anticipated type of BT project contract and corresponding payment method.

8. In cases where BT project works are implemented in two or more provincial administrative units, the People's Committees of the provinces where the projects are located shall exchange and agree on the implementation plan for constructing the BT project works, which includes the following contents:

a) Preparing a project consisting of multiple component projects or separating them into independent projects to be implemented in each locality.

b) Scale and location of implementation.

c) Payment method using land funds or state budget funds.

d) Responsibilities of each locality in compensation, support, resettlement, balancing, and allocating budget or land funds for payment for works or components within their management scope.

đ) Competent authority of the project or component projects.

9. For BT projects under the management of ministries, central agencies, other agencies, and provincial People's Councils, these agencies shall unify the contents specified in Clause 8 of this Article. The Provincial People's Committee shall report to the Provincial People's Council the unified contents agreed upon with ministries, central agencies, and other agencies before proceeding with the procedures for deciding on investment policies.

Article 6. Land fund expected to be paid to investors implementing BT projects through land payment

1. During the preparation of the feasibility study report and the proposal for investment policy, the competent authority or the investor proposing the project shall coordinate with the provincial-level state management agency on land to determine the land fund to be paid to the investor implementing the BT project through land payment according to the conditions and principles stipulated in Clauses 2 and 3 of this Article.

2. The land fund to be paid to the investor implementing the BT project through land payment must satisfy the following conditions:

a) The land fund belongs to the case of land recovery or the land fund managed by state agencies or organizations under Article 217 of the Land Law (excluding the office premises of state agencies, public service facilities of public institutions recovered by the State and transferred to land development organizations for management) or the land fund combining both these types of land funds.

In the case where the land fund to be paid includes land managed by state agencies or organizations, the State shall recover the entire land area to transfer or lease land without going through land use rights auction or tendering for selecting investors for investment projects using land.

b) It must be consistent with the planning approved by the competent authority in accordance with the laws on planning and related laws.

3. The value of the expected land fund to be paid shall be determined based on the following principles:

a) The value of the expected land fund to be paid must be equivalent to the total investment cost of the BT project or may be higher or lower than the total investment cost of the BT project by a maximum of 10%.

b) In the case where the value of the expected land fund to be paid to the investor is less than 90% of the total investment cost of the BT project, the competent authority shall consider applying a combined BT contract with land payment and state budget (public investment capital) to ensure that the total value of the land fund and public investment capital to be paid is equivalent to the total investment cost of the BT project.

c) In cases where it is necessary to immediately implement the BT project to ensure technical infrastructure and social infrastructure connectivity according to the planning, to meet the effective management, exploitation, and operation of the project as directed in resolutions, conclusions, guiding documents of the Central Committee of the Party, Politburo, Secretariat, leading cadres of the Party and State, Government resolutions, decisions, directives, notification documents of Government leaders, resolutions of the Provincial Party Standing Committee, resolutions of the People's Council at the provincial level, the competent authority shall consider determining the expected land fund to be paid to the investor with a value higher than 110% of the total investment cost of the BT project.

d) The value of the expected land fund to be paid shall be determined as follows:

For the portion of the land fund area where the State grants land:

The value of the expected land fund to be paid equals the area subject to land use fee multiplied by the new land use purpose price in the annual land price list issued in accordance with the law on land.

For the portion of the land fund area where the State leases land:

The value of the expected land fund to be paid equals the area subject to land rental fee multiplied by the new land use purpose price in the annual land price list issued in accordance with the law on land.

đ) In the case where compensation, support, and resettlement costs for the expected land fund to be paid can be determined, the value of the expected land fund to be paid shall be calculated based on the value specified in point d of this clause minus the compensation, support, and resettlement costs for the expected land fund to be paid. The actual value of the land fund to be paid shall be implemented in accordance with Article 19 of this Decree.

e) In the case where the land price for calculating land use fees and land rental fees as specified in point d of this clause has not been stipulated in the annual land price list at the time of determining the value of the expected land fund to be paid, the provincial-level state management agency on land shall base its determination of the value of the expected land fund to be paid on the land prices in the annual land price list of areas with similar infrastructure conditions, submitting it to the competent authority for decision-making in line with the specific situation in the locality.

g) The value of the expected land fund to be paid shall be determined in the feasibility study report and the proposal for investment policy in accordance with the annual land price list approved at the time of preparing these documents.

4. In the case where the land fund managed by state agencies or organizations under Article 217 of the Land Law is planned to be used to pay the investor implementing the BT project, the provincial People's Committee shall assign specialized agencies, subordinate agencies, or units to compile a list of the expected land fund to be paid for submission to the Provincial People's Council for approval.

Article 7. Land fund, state assets to be auctioned for payment to investors implementing BT projects settled with state budget

1. During the process of preparing the feasibility study report, the investment proposal report, the competent authority or the investor proposing the project shall coordinate with the specialized agency managing state assets to determine the land fund and state assets to be auctioned for payment to the investor.

2. The auctioning of land use rights and state assets for payment to the investor implementing the BT project shall be carried out in accordance with the laws on land, management and use of state assets, and auctioning of assets. The proceeds from the auction of land use rights and state assets shall be deposited into the state budget to settle the BT project and shall not be included in the medium-term public investment plan.

Article 8. Preparation, review of feasibility study reports, economic-technical construction investment reports, approval of projects

1. The procedures and formalities for preparing, reviewing feasibility study reports, economic-technical construction investment reports, and approving BT projects shall be implemented in accordance with Article 21 of the Law on Public-Private Partnership and detailed regulations issued by the Government regarding certain provisions of the Law on Public-Private Partnership.

2. The feasibility study report and economic-technical construction investment report of BT projects settled with land funds shall include the following main contents:

a) The necessity of investment; advantages of investing through public-private partnership, type of BT project contract;

b) The compatibility of the project with socio-economic development plans and relevant planning regulations as decided or approved by the competent authority;

c) Objectives; scale; location; land and other resource requirements for implementing the BT project (if applicable), excluding land requirements for anticipated settlement to the investor;

d) Progress; construction time of the BT project and contract duration;

e) Explanation of technical solutions, technology standards, and quality requirements of the BT project; design documents in accordance with construction laws and related laws; interrelations between component projects (if applicable);

f) Total investment cost of the BT project;

g) Payment methods for the investor, including specific determination of the location, area, and estimated value of the land fund for settlement according to Article 6 of this Decree. Among which, the estimated value of the land fund for settlement shall be determined according to the principle stipulated in Clause 3 of Article 6 of this Decree;

h) Economic and social benefits of the project; risk analysis and risk management measures of the project; investment incentives and guarantees (if applicable);

i) Anticipated implementation plan of the project including: investor selection method and anticipated investor selection time, name of the tenderer.

3. The feasibility study report and economic-technical construction investment report of BT projects settled with the state budget shall include the contents specified in points a, b, c, d, e, f, h, and i of Clause 2 of this Article and the following contents:

a) Payment method and value for cases settled from public investment capital;

b) Location, area of the land fund and state assets to be auctioned for cases settled from proceeds after auction as stipulated in Article 7 of this Decree; auction organization plan.

4. For BT projects combined with settlement by land fund and state budget, the competent authority shall determine the components settled by land fund and those settled by state budget, and the feasibility study report and economic-technical construction investment report shall include the contents prescribed in Clauses 2 and 3 of this Article.

5. The review of feasibility study reports and economic-technical construction investment reports of BT projects shall include the following main contents:

a) Legal basis and necessity of investment;

b) Requirements for technical solutions, technology standards, and quality requirements of the BT project. The review of contents related to design documents, technical aspects, technology standards, and quality requirements shall be conducted in accordance with construction laws and other relevant laws;

c) Total investment cost of the BT project determined based on technical solutions, technology standards, and quality requirements of the BT project according to construction laws; post-construction loan interest and reasonable profit of the investor implementing the BT project settled with the state budget;

d) Payment methods for the investor, including: source of capital and ability to balance public investment capital according to detailed regulations issued by the Government implementing certain provisions of the Law on Public Investment (for cases settled from public investment capital); location and area of the land fund and state assets to be auctioned (for cases settled from proceeds after auction);

e) Economic and social benefits.

6. For BT projects that have completed the procedure for deciding on investment orientation, if the contents specified in points a, b, c, and g of Clause 2 and points a and b of Clause 3 of this Article do not change compared to the preliminary feasibility study report and investment proposal report, they do not need to be reviewed again.

7. The decision approving the BT project shall include the following main contents:

a) Project name; name of the contracting agency; name of the proposed investor;

b) Objectives; scale; location; construction time of the BT project and contract duration; land and other resource requirements;

c) Total investment cost of the BT project;

d) Type of BT project contract and corresponding payment method;

e) Form and anticipated time for selecting investors, name of the tenderer.

8. For BT projects not falling under the case of deciding on investment orientation implemented in two or more provincial administrative units or projects within the scope of management of ministries, central agencies, and provincial People's Committees, before proceeding with the procedure for approving the BT project as stipulated in Clauses 1, 2, 3, 4, 5, 6, and 7 of this Article, the relevant agencies and provincial People's Committees shall exchange and agree on the implementation of the project in accordance with the corresponding provisions at Clause 8 or Clause 9 of Article 5 of this Decree.

9. For projects under Article 4, Clause 4 of this Decree, which involve payment with land funds, investors shall prepare project proposal files including feasibility study reports as stipulated in Clause 2 of this Article, accompanied by legal status documents, capacity documents, and draft contracts serving as the basis for competent authorities to organize reviews and approve the project simultaneously with approving the results of investor designation (the name of the proposed investor).

10. For projects specified in Clauses 1 and 2 of Article 4 of this Decree, during the preparation of feasibility study reports and economic-technical investment construction reports, if the anticipated land fund for payment or the land fund, public assets anticipated for auction change compared to the contents approved in the decision on the project's investment orientation, the following actions shall be taken:

a) In cases where changes occur in the boundaries or area of the anticipated land fund for payment due to adjustments in the overall planning, district planning, detailed planning (if applicable), affecting the value of the anticipated land fund for payment but still ensuring compliance with the conditions stipulated in Clause 2 of Article 6 of this Decree, the competent authority shall update this value in the feasibility study report and economic-technical investment construction report of the BT project without needing to adjust the project's investment orientation.

b) In cases where changes occur in the boundaries or area of the anticipated land fund for auction or public assets due to adjustments in the overall planning, district planning, detailed planning (if applicable) or asset management plans, the competent authority shall update the information on these changes in the feasibility study report and economic-technical investment construction report of the BT project without needing to adjust the project's investment orientation.

c) In cases where adjustments in the overall planning, district planning, detailed planning (if applicable) lead to changes in the location of the anticipated land fund for payment or the location of the anticipated land fund for auction or public assets, the competent authority shall implement procedures to adjust the project's investment orientation.

Chapter III

SELECTION OF INVESTORS

Article 9. Forms of Investor Selection

1. The forms of selecting investors to implement BT projects include:

a) Open tendering as prescribed in Article 37 of the Law on Investment under the Public-Private Partnership model;

b) Competitive negotiations as prescribed in Article 38 of the Law on Investment under the Public-Private Partnership model;

c) Designation of investors as prescribed in Article 39 of the Law on Investment under the Public-Private Partnership model and Clause 3 of this Article;

d) Selection of investors in special cases as prescribed in Article 40 of the Law on Investment under the Public-Private Partnership model and Clause 4 of this Article.

2. Competent authorities shall decide to apply one of the forms of investor selection prescribed in Clause 1 of this Article, ensuring that the selected investor has sufficient capacity to implement the BT project in accordance with requirements for progress, quality, and investment efficiency.

3. Projects requiring accelerated progress, promoting socio-economic development, and ensuring national interests proposed by investors and approved by competent authorities under the provisions of Point d, Clause 1 of Article 39 of the Law on Investment under the Public-Private Partnership model include:

a) Projects needed to prevent, mitigate, or promptly address consequences caused by natural disasters, fires, unexpected accidents, incidents, disasters, or other force majeure events;

b) National key projects applying the form of designated investors according to resolutions of the National Assembly;

c) Railway projects as prescribed by laws on railways;

d) Projects subject to the form of designated investors as prescribed by laws governing sectors and fields;

đ) Projects for constructing works and infrastructure systems that need to be expedited to serve national and provincial-level commemorative events and significant occasions;

e) Other cases requiring the application of the form of designated investors to meet requirements for progress, quality, and investment efficiency.

4. Projects applying the form of investor selection in special cases prescribed in Clause 1 of Article 40 of the Law on Investment under the Public-Private Partnership model include:

a) Projects requiring the protection of national interests and the implementation of state political tasks carried out according to directives, conclusions, and guiding documents of the Central Committee of the Communist Party, the Politburo, the Secretariat, and leading cadres of the Party and State;

b) Strategic sector projects, key national development projects in science, technology, and innovation requiring procurement orders and assigned tasks;

c) Projects urgently required to be implemented immediately to ensure completion within the stipulated timeframe as directed in government resolutions, decisions, directives, and announcements of government leaders, resolutions of provincial party committees, and announcements and conclusions of provincial standing committees;

d) Projects requiring immediate implementation to ensure technical infrastructure connectivity and synchronization between works within the project as directed in National Assembly resolutions, government resolutions, decisions, directives, and announcements of government leaders to meet management, operation, and continuous operation requirements;

đ) Projects in sectors and fields serving social order and security as prescribed by laws on public investment;

e) Offshore wind power projects as prescribed by laws on electricity, where applying the forms of investor selection prescribed in Points a, b, and c of Clause 1 of this Article would not meet the project requirements;

g) Projects with special conditions where applying the forms of investor selection prescribed in Points a, b, and c of Clause 1 of this Article would not meet the project requirements.

Article 10. Investor selection process for BT projects

1. Broad tendering and competitive negotiation procedures:

The investor selection process shall be carried out in accordance with the detailed regulations of the Government on certain provisions of the Law on Investment under the Public-Private Partnership (PPP) model.

2. Simplified designation procedure for investors typically applicable to BT projects initiated by state agencies or BT projects funded by the state budget proposed by investors, and BT projects combining payment through land funds and the state budget proposed by investors shall be implemented as follows:

a) Preparation of Request for Proposal (RFP):

Based on the project approval decision, the tenderer organizes the preparation of the RFP containing the contents specified in Article 11 of this Decree but excluding the requirement for the investor to provide bid security. For projects proposed by investors, the RFP does not include technical evaluation criteria.

The competent authority, the tenderer (in cases where it is authorized to approve the RFP) is not required to review the RFP; if necessary, the RFP shall be reviewed according to the detailed regulations of the Government on certain provisions of the Law on Investment under the PPP model;

b) Approval of the RFP:

The competent authority, the tenderer approves the RFP, identifying the proposed investor to be designated and sending the RFP to the investor;

c) Preparation and submission of proposal:

The proposed investor prepares and submits the proposal in accordance with the requirements of the RFP;

d) Evaluation of proposals:

The tenderer evaluates the proposals according to the methods and criteria specified in the RFP. For projects proposed by investors, the investor's proposal is evaluated based on whether they meet the standards regarding capacity and financial-commercial capabilities.

During the proposal evaluation process, the investor may clarify, modify, and supplement their proposal;

đ) Review, approval, and public announcement of the investor designation results:

The competent authority is not required to review the investor selection results; if necessary, the review shall be conducted according to the detailed regulations of the Government on certain provisions of the Law on Investment under the PPP model.

The approval of the investor designation results shall be carried out according to the detailed regulations of the Government on certain provisions of the Law on Investment under the PPP model without requiring the approval of a list of technically qualified investors or ranking of investors.

The public announcement of the investor designation results shall be carried out according to the detailed regulations of the Government on certain provisions of the Law on Investment under the PPP model;

e) Negotiation, completion, signing, and public announcement of the contract:

The competent authority, the tenderer, and the investor organize negotiations, complete, and sign the BT project contract according to the detailed regulations of the Government on certain provisions of the Law on Investment under the PPP model, ensuring that the BT project contract is signed based on the technical design (in the case of three-stage design) or construction drawings (in the case of two-stage design) and the approved budget as stipulated in Clause 5, Article 4 of this Decree.

The public announcement of information about the BT project contract shall be carried out according to the detailed regulations of the Government on certain provisions of the Law on Investment under the PPP model.

3. Simplified designation procedure for investors for BT projects funded by land funds proposed by investors as prescribed in Clause 4, Article 4 of this Decree shall be implemented as follows:

a) After obtaining the project approval decision and the investor designation result, and the draft contract as stipulated in Clause 9, Article 8 of this Decree, the tenderer establishes requirements for capacity, financial-commercial capabilities;

b) Based on the requirements for capacity, financial-commercial capabilities, negotiations and completion of the contract with the following contents are organized: updating information on the legal status, ability to arrange equity capital and ability to raise loan capital of the investor; ratio of increased state budget contributions, ensuring requirements for progress, quality, and investment efficiency of the BT project; rights, obligations, and responsibilities of the parties signing the contract in implementing the project contents; other necessary contents (if any);

c) The competent authority, the tenderer, and the investor organize negotiations, completion, and signing of the BT project contract according to the detailed regulations of the Government on certain provisions of the Law on Investment under the PPP model, ensuring that the BT project contract is signed based on the technical design (in the case of three-stage design) or construction drawings (in the case of two-stage design) and the approved budget as stipulated in Clause 5, Article 4 of this Decree.

4. Procedures for selecting investors in special cases for projects requiring investment policy decisions shall be implemented as follows:

a) During the preparation of the pre-feasibility study report, the investment policy proposal report, the project preparation unit or the investor proposing the project proposes the application of the special case investor selection method as stipulated in Clause 4, Article 9 of this Decree and proposes the investor to implement the project (if any);

b) In cases where the project falls within the jurisdiction of the National Assembly, Provincial People's Council for deciding on the investment policy, after the project has been decided on the investment policy, the competent authority assigns an agency, organization, or unit subordinate (hereinafter referred to as the specialized agency) to examine and evaluate the financial capacity and conditions for implementing the project of the investor according to the approved investment policy of the project. The content of the assessment is stipulated in point d of this clause. Based on the specialized agency's assessment report, the competent authority decides on the investor selected in special cases.

c) In the case where the project falls within the decision-making authority of the Minister, Head of Central Agency, other agency, Provincial People's Committee, or competent authority, the entity responsible for reviewing the BT project shall examine and assess the financial capacity and implementation conditions of the investor according to the provisions of point d of this clause during the organization of the feasibility study report review or the proposal report on investment policy. The Minister, Head of Central Agency, other agency, or Provincial People's Committee decides on the investment policy while approving the selected investor in special cases.

d) The examination of the financial capacity and implementation conditions of the investor according to the provisions of points b and c of this clause includes the following contents: the ability to arrange equity capital and raise loans as stipulated in points a and b of Clause 1, Article 12 of this Decree; the ability to implement construction, operation, business, exploitation, and management plans for the project according to the investment policy, meeting requirements regarding progress, quality, investment efficiency, or other special conditions of the project, and other requirements determined by the competent authority.

đ) The selected investor according to the provisions of points b and c of this clause shall organize the preparation of the feasibility study report, economic and technical investment construction report accompanied by the capability dossier and draft contract. The competent authority shall organize the review of the feasibility study report, approve the project along with the draft contract.

e) Based on the decision to approve the project and the draft contract as stipulated in point đ of this clause, the competent authority, tenderer, and investor shall organize negotiations, finalize, and sign the BT project contract according to detailed regulations of the Government on certain provisions of the Law on Investment under Public-Private Partnership, ensuring that the BT project contract is signed based on technical design (in the three-step design case) or construction drawings (in the two-step design case) and approved budget estimates as stipulated in Clause 5, Article 4 of this Decree.

The negotiation and completion of the contract with the selected investor include: contents about the value of state budget payment (for BT projects paid by state budget), the ratio of increased state budget contribution (for BT projects paid by land fund), the combined value of state budget payment and the ratio of increased state budget contribution (for combined payment BT projects); ensuring requirements regarding the progress, quality, and investment efficiency of the BT project; negotiating related project contents to establish provisions on rights, obligations, and responsibilities in the contract; other necessary contents (if any).

5. The process and procedures for selecting investors in special cases for projects not requiring a decision on investment policy shall be implemented as follows:

a) During the preparation of the feasibility study report, economic and technical investment construction report, the project preparation unit or the investor proposing the project may propose the application of the special case investor selection method as stipulated in Clause 4, Article 9 of this Decree, and propose the investor to implement the project (if any) accompanied by a draft contract.

b) The competent authority shall assign the entity responsible for reviewing the BT project to examine and assess the financial capacity and implementation conditions of the investor according to the provisions of point d of Clause 4 of this Article during the organization of the feasibility study report or economic and technical project investment construction report review.

c) The competent authority shall approve the project simultaneously with the approval of the selected investor in special cases and the draft contract.

d) The tenderer shall organize negotiations, complete the contract with the selected investor according to the provisions of point e of Clause 4 of this Article.

đ) Based on the results of negotiations and contract completion, organize the signing of the BT project contract with the investor, project enterprise (if any).

6. For projects applying the payment method stipulated in Clause 4 or Clause 5 of Article 16 of this Decree, the investor does not need to prove their ability to arrange funds as stipulated in point b of Clause 3 or point d of Clause 4 or point b of Clause 5 of this Article but must provide a bank commercial guarantee commitment with a minimum guarantee value equal to the BT project construction value at the approved project budget decision to guarantee the obligation to implement the BT project according to the commitment stipulated in point d of Clause 4 of Article 16 of this Decree.

7. For projects stipulated in points a, c, and d of Clause 4 of Article 9 of this Decree, at the project approval decision, the competent authority may assign the investor to organize the implementation of BT project construction concurrently with the negotiation, completion, and signing of the contract.

8. For projects that have been decided on investment policy or approved by the competent authority but have subsequently arisen special conditions as stipulated in Clause 4 of Article 9 of this Decree, the competent authority shall decide to apply the special case investor selection method and approve the selected investor according to the provisions of points b, d, đ (except for projects already approved by the competent authority), e, and g of Clause 4 of this Article.

9. In cases where the process and procedures stipulated in Clauses 2, 3, 4, 5, 6, 7, and 8 of this Article cannot meet the project implementation requirements, during the project preparation phase, the project preparation unit shall develop a special case investor selection plan, submit it to the competent authority or the competent authority for approval simultaneously in the investment policy decision or project approval decision, ensuring the selection of an investor with sufficient capacity to implement the BT project, meeting the requirements of progress, quality, and investment efficiency of the project.

10. In cases where negotiations and contract completion with the investor are unsuccessful, the tenderer shall report to the competent authority for consideration and decision to cancel the tender according to the provisions of point a of Clause 1, Article 34 of the Law on Investment under Public-Private Partnership.

Article 11. Content of the Tender Invitation Document

1. The tenderer shall prepare the tender invitation document for projects applying open tendering or competitive negotiation, or prepare the request document for projects applying investor designation (hereinafter referred to collectively as the tender invitation document, except where otherwise provided). The tender invitation document shall include the following basic contents:

a) Investor guidance;

b) Bid data sheet;

c) Contents for checking and evaluating the validity of bid documents;

d) Methods and criteria for evaluating bid documents on capacity, technology, and financial-commercial aspects as stipulated in Article 12 of this Decree (for BOT projects settled with state budget funds) and Article 13 of this Decree (for BOT projects settled with land funds);

đ) Tender and bid forms;

e) Information and requirements for implementing BOT projects according to the contents of the project approval decision and feasibility study reports, economic-technical investment construction reports. Among these, the value of the land fund expected to be paid shall be updated in the tender invitation document in accordance with Clause 5 of this Article;

g) Draft contract, contract forms.

2. The tender invitation document shall not specify evaluation criteria for similar project experience but must provide principles for handling cases where investors submit documents proving their similar project experience as a basis for comparison and ranking of investors.

In cases where laws governing industries and sectors require investors to have similar project experience, the tenderer and the specialized team must determine the evaluation criteria for similar project experience in the tender invitation document in accordance with the relevant laws governing industries and sectors.

3. The tender invitation document shall not set conditions that limit the participation of investors or create advantages for one or some investors, leading to unfair competition.

4. For BOT projects combining settlement with land funds and state budget funds, the tender invitation document must specify evaluation criteria and methods for the portion settled with state budget funds and the portion settled with land funds as stipulated in Article 12 and Article 13 of this Decree. The tenderer shall be responsible for setting the weight of points corresponding to the percentage (%) value of the portion settled with state budget funds and the portion settled with land funds in the total investment amount of the BOT project in the BOT project approval decision to calculate the total score and rank investors.

5. During the preparation of the tender invitation document, if there are changes to the expected land fund for payment, land fund, or public assets expected to be auctioned compared to the approved content in the project approval decision, the following actions shall be taken:

a) If the boundaries or area of the expected land fund for payment change due to adjustments in the overall planning, district planning, detailed planning (if any), affecting the value of the expected land fund for payment but still meeting the conditions stipulated in Clause 2 of Article 6 of this Decree, the competent authority shall instruct the tenderer to update this value in the tender invitation document without needing to adjust the project;

b) If the boundaries or area of the expected land fund or public assets for auction change due to adjustments in the overall planning, district planning, detailed planning (if any) or the asset management and disposal plan, the competent authority shall instruct the tenderer to update the changed information in the tender invitation document without needing to adjust the project;

c) If adjustments in the overall planning, district planning, detailed planning (if any) lead to changes in the location of the expected land fund for payment or the location of the expected land fund or public assets for auction, the competent authority shall implement the procedures and formalities to adjust the project to have a basis for approving the value of the expected land fund for payment or updating the information about the expected land fund or public assets for auction in the tender invitation document;

d) The value of the expected land fund for payment at point a and point c of this clause shall be determined in accordance with the annual land price list approved at the time of preparing the tender invitation document and in accordance with the principles stipulated in points d, đ, and e of Clause 3 of Article 6 of this Decree.

Article 12. Methods and criteria for evaluating tender documents for BT projects paid with state budget funds

1. The evaluation of the investor's capacity shall be conducted based on pass/fail criteria according to the following assessment standards:

a) The ability to arrange equity capital determined based on the total investment cost of the BT project. In the case of a consortium, the equity capital of the consortium investor equals the total equity capital of the consortium members, each member must meet the corresponding requirements for their share of equity capital as agreed upon in the consortium agreement. The lead investor of the consortium must have a minimum equity contribution ratio of 30%, while each consortium member must have a minimum equity contribution ratio of 15%;

b) The ability to mobilize loan capital of the investor. In the case of a consortium, the loan capital of the consortium investor equals the total loan capital of the consortium members;

c) History of disputes and complaints related to projects that the investor has undertaken and is currently undertaking;

d) History of suspension or termination of investment activities by the investor in the province or centrally-administered city where the project is being implemented (if applicable).

2. Technical evaluation shall be carried out based on the scoring method prescribed in Clause 3 of this Article or the pass/fail method prescribed in Clause 4 of this Article according to the following assessment standards:

a) Standards regarding quality, capacity, and efficiency of the BT project including: Requirements for the technical and technological proposal's suitability proposed by the investor based on the scale, capacity, total investment cost of the project, time, progress, phased construction of the project with the approved planning according to the laws on planning, construction, industry management, and relevant laws; requirements for quality, criteria, standards, regulations, and norms of the project according to the laws on industry management, and relevant laws;

b) Environmental and safety standards including: Requirements for environmental protection and safety measures that the investor must ensure according to the laws on environmental protection; requirements for assessing negative impacts on the environment and mitigation measures;

c) Other technical standards (if necessary).

When preparing the tender invitation documents, the tenderer and the specialized team must establish detailed technical evaluation standards based on the standards prescribed herein, suitable for each specific project.

3. When establishing technical evaluation standards for the scoring method with a scale of 100 or 1,000 points, it is necessary to specify the minimum and maximum scores for each general standard and detailed standard; the minimum score required to be considered as meeting the requirements but not less than 70% of the total technical score and the score of each technical requirement content not lower than 60% of the maximum score of that content.

4. When establishing technical evaluation standards for the pass/fail method, the level of requirement for each content must be determined. For general evaluation standards, only pass/fail criteria shall be used. For basic detailed standards within the general standard, only pass/fail criteria shall be used; for non-basic detailed standards within the general standard, in addition to pass/fail criteria, acceptable criteria may also be applied but not exceeding 30% of the total number of detailed standards within that general standard. The general standard is considered to be passed when all basic detailed standards are evaluated as passed and non-basic detailed standards are evaluated as passed or acceptable.

5. Financial and commercial evaluation methods and criteria:

a) Financial and commercial evaluation shall be conducted based on comparison and ranking according to the maximum state budget payment value for the investor. The maximum state budget payment value equals the total investment cost of the BT project at the decision approving the project, the decision approving the adjusted project, and other costs after the construction phase, including post-construction interest and reasonable profit of the investor;

b) Investors implementing BT projects eligible for preferential treatment shall follow the preferential levels and principles for selecting investors as detailed by the Government in certain provisions of the Law on Investment under Public-Private Partnership. The preferential amount is calculated using the following formula:

G_GTSS= G x M_GT - G_GTGTSS: is the state budget payment value of the investor receiving preferential treatment for comparison and ranking;_{G: is the state budget payment value of the investor receiving preferential treatment proposed in the tender document;} %

Where:

G_GTSSM: is the preferential level the investor receives.

G_GT6. After financial and commercial evaluation, if there are two or more investors with equal financial and commercial proposals, the investor with experience in similar projects will be ranked first.

Briefly describe technical improvements, production processes, raw materials, designs; new technology applications such as automation, digitalization, clean technology; management, marketing, distribution solutions; products winning awards or certifications related to innovation…):…_{G: is the state budget payment value of the investor receiving preferential treatment proposed in the tender document;}7. An investor shall be recommended for selection if they meet the following conditions:

a) A valid tender document;

b) Meeting the capacity requirements;

c) Meeting the technical requirements;

d) Proposing a state budget payment value for comparison and ranking not higher than the maximum value specified in the tender invitation document and the lowest.

c)符合适用的技术要求；

d)提供以国家预算支付的价值，该价值用于比较和排名，不超过招标文件中规定的最高价值，并且是最低的。

Article 13. Methods and criteria for evaluating tender documents for BT projects paid with land funds

1. The methods and criteria for assessing implementation capacity shall be in accordance with Clause 1 of Article 12 of this Decree.

2. The methods and criteria for assessing technical implementation shall be in accordance with Clauses 2, 3, and 4 of Article 12 of this Decree.

3. Methods and criteria for financial-commercial evaluation:

a) Financial-commercial evaluation shall be conducted using a comparative ranking method based on standards of social benefit and state benefit.

b) The standard of social benefit and state benefit is the ratio of increased state budget revenue as stipulated in point c of this clause.

c) Investors shall propose the ratio of increased state budget revenue in their tender documents. The tender invitation does not specify the ratio of increased state budget revenue.

d) For investors implementing BT projects eligible for incentives under detailed regulations by the Government regarding certain provisions of the Law on Investment under Public-Private Partnership, the incentive calculation formula is as follows:

Briefly describe technical improvements, production processes, raw materials, designs; new technology applications such as automation, digitalization, clean technology; management, marketing, distribution solutions; products winning awards or certifications related to innovation…):…_GTSS = M_GT + M_GTGTSS: is the state budget payment value of the investor receiving preferential treatment for comparison and ranking;_{G: is the state budget payment value of the investor receiving preferential treatment proposed in the tender document;} %

Where:

Briefly describe technical improvements, production processes, raw materials, designs; new technology applications such as automation, digitalization, clean technology; management, marketing, distribution solutions; products winning awards or certifications related to innovation…):…_GTSS: is the ratio of increased state budget revenue of the incentivized investor for comparison and ranking purposes.

Briefly describe technical improvements, production processes, raw materials, designs; new technology applications such as automation, digitalization, clean technology; management, marketing, distribution solutions; products winning awards or certifications related to innovation…):…_GT: is the ratio of increased state budget revenue proposed by the incentivized investor in the tender document.

Briefly describe technical improvements, production processes, raw materials, designs; new technology applications such as automation, digitalization, clean technology; management, marketing, distribution solutions; products winning awards or certifications related to innovation…):…_{G: is the state budget payment value of the investor receiving preferential treatment proposed in the tender document;}7. An investor shall be recommended for selection if they meet the following conditions:

4. After financial-commercial evaluation, if two or more investors have equal financial-commercial proposals, the investor with experience in similar projects shall be ranked first.

5. An investor shall be recommended for selection if they meet the following conditions:

c) Meeting the technical requirements;

d) Proposing a state budget payment value for comparison and ranking not higher than the maximum value specified in the tender invitation document and the lowest.

c)符合适用的技术要求；

d) Proposing the highest ratio of increased state budget revenue for comparison and ranking.

6. For projects applying payment methods stipulated in Clause 4 or Clause 5 of Article 16 of this Decree, investors are not required to demonstrate their ability to arrange capital as specified in Clause 1 of Article 12 of this Decree but must provide a bank guarantee from a commercial bank with a value equal to or greater than the value of the BT project at the decision approving the project's budget estimate to secure the obligation to implement the BT project as stipulated in point d of Clause 4 of Article 16 of this Decree.

Chapter IV

CONTRACTS AND PAYMENT MECHANISMS

Section 1

CONTRACTS AND PAYMENT MECHANISMS FOR BT PROJECTS PAID WITH

STATE BUDGET

Article 14. Contents of contracts for BT projects paid with state budget

Contracts for BT projects paid with state budget include contents as prescribed by the Government detailing certain provisions of the Law on Investment under Public-Private Partnership and the following contents:

1. Basis for using public investment capital allocated in the medium-term and annual investment plans; state budget revenue obtained from land fund auctions and public assets that have been recorded as income and expenditure and authorized to be used for BT project payments.

2. Value of state budget payment (public investment capital or state budget revenue obtained from land fund auctions and public asset auctions) to the investor, project enterprise (if any).

3. Progress in completing project components, BT project works, and transferring BT project works to competent authorities.

4. Payment conditions and responsibilities for final inspection procedures, settlement, submission of payment request documents, and completion settlement of BT project works.

5. Principles for handling when one of the contracting parties violates commitments regarding construction progress, payment, and transfer of BT project works leading to additional interest costs and other incidental expenses (if any) according to the law.

Article 15. Payment and settlement of BOT project contracts paid with state budget funds

The payment and settlement of BOT project contracts paid with state budget funds shall be carried out in accordance with the Government's regulations on the financial management mechanism for investment projects under the public-private partnership model and the payment and settlement mechanism for projects applying the BOT contract type.

Section 2

CONTRACTS AND PAYMENT MECHANISMS FOR BOT PROJECTS WITH LAND FUNDS

Article 16. Contents of BOT project contracts paid with land funds

1. Except for cases stipulated in Clause 4 and Clause 5 of this Article, BOT project contracts paid with land funds shall include contents prescribed by the Government's detailed regulations on certain provisions of the Law on Investment under the Public-Private Partnership Model and the following contents:

a) Progress schedule for commencement, construction, completion, transfer of project components, and the entire BOT project;

b) Area, location of the land fund for payment, payment method as prescribed in Clause 2 or Clause 3 of this Article, value, number of payments, progress of land fund payment to implement corresponding projects, form, progress, deadline for submitting actual difference value as prescribed in Point e or Point g of this Clause;

c) Conditions for payment and responsibility for implementing procedures to inspect completed volume, settle accounts, submit payment request papers, payment files, and complete settlement of the BOT project;

d) Form, procedure, and process of submitting added value to the state budget for the land fund payment as prescribed in Point h of this Clause;

đ) Principles for handling situations where one of the parties violates commitments regarding construction progress, payment, and transfer of the BOT project leading to additional interest costs and other incidental expenses as prescribed by relevant laws (if applicable);

e) Actual difference value for BOT project contracts paid in one lump sum as prescribed in Clause 2 of this Article:

Actual difference value for the entire land fund payment_{at the time of land handover, lease}= Land use fee, land lease fee_{at the time of land handover, lease}- Value of the settled BOT project;

g) Actual difference value for BOT project contracts paid in multiple installments corresponding to the percentage (%) of inspected project volume or the value of inspected independent project component as prescribed in Clause 3 of this Article:

Actual difference value for the portion of land fund payment_{at the time of land handover, lease}= Land use fee, land lease fee for the portion of land fund payment_{at the time of land handover, lease}- Value corresponding to the percentage (%) of inspected project volume or the value of inspected independent project component;

h) Added value submitted to the state budget shall be determined according to the following formula:

Added value submitted to the state budget_{at the time of land handover, lease}= Added value ratio to the state budget_{in the contract}x Actual difference value for the land fund payment_{at the time of land handover, lease}

Added value submitted to the state budget shall not be calculated in cases where the land fund payment value is lower than the settled value of the BOT project for contracts paid in one lump sum or lower than the value corresponding to the percentage (%) of inspected project volume or the value of independent project component at the time of installment payment for contracts paid in multiple installments.

2. For projects with total investment equivalent to Group C projects under the law on public investment, the full land fund payment method shall be applied in one lump sum after the completion, inspection, and meeting the conditions for operation and use of the BOT project according to the law on construction.

3. For projects with total investment equivalent to Group A or Group B projects under the law on public investment, the competent authority shall consider and decide to apply the one-time payment method as prescribed in Clause 2 of this Article or apply the multiple land fund payment method corresponding to the percentage (%) of inspected project volume or the value of inspected independent project component.

In case of multiple land fund payments corresponding to the percentage (%) of inspected project volume, the parties shall agree in the contract on the percentage (%) of inspected project volume for each payment, number of payments, payment progress, and boundaries, locations, areas of the land fund expected to be paid each time corresponding to the percentage (%) of inspected project volume ensuring the payment principles prescribed in Point d of Clause 1 of Article 20 of this Decree.

In case of multiple land fund payments corresponding to the value of inspected independent project component, the parties shall agree in the contract on the component, value of the component, number of payments, payment progress, completion deadlines for each component, and boundaries, locations, areas of the land fund expected to be paid corresponding to each component.

4. For independent projects with a total investment scale of 20,000 billion VND or more or component projects within projects with a total investment scale of 20,000 billion VND or more or related projects closely linked to national key projects or national priority projects as decided by the National Assembly or the Government, the competent authority shall consider and decide to transfer the entire land fund in one lump sum to the investor after signing the BOT project contract to facilitate the investor's mobilization of resources for constructing the project to ensure connectivity and synchronized infrastructure exploitation.

In this case, the land fund for payment must meet the conditions for land handover and lease as prescribed by the law on land; the investor shall submit bank guarantees to the competent authority with a minimum guarantee value equal to the value of the BOT project at the approved project estimate decision; ensuring that the bank guarantee remains valid at the time the BOT project contract becomes effective.

The competent authority shall assign the contracting agency to negotiate and finalize the contract with the investor according to the main contents of the PPP project contract as prescribed by the Government's detailed regulations on certain provisions of the Law on Investment under the Public-Private Partnership method, Clause 1, Points a, c, and d of this Article, and the following contents:

a) The value of the construction project under the Build-Transfer (BT) model at the time of transferring land to the investor, project enterprise (if any) shall be determined based on the value of the construction project under the BT model in the decision approving the budget estimate for the BT construction project. Determining the value of the construction project under the BT model must comply with the principle of not increasing the total investment amount throughout the entire period of validity of the BT contract. The final settlement value of the construction project under the BT model shall not exceed the value of the construction project under the BT model in the decision approving the budget estimate for the BT construction project;

b) In case there is a difference between the land fund value and the value of the construction project under the BT model in the decision approving the budget estimate at the time of transferring land to the investor, project enterprise (if any), the difference value shall be determined as follows:

The difference value for the entire land fund_{at the time of land handover, lease}= Land use fee, land lease fee_{at the time of land handover, lease}- The value of the construction project under the BT model_{in the decision approving the budget estimate for the BT construction project}.

If the value of the construction project under the BT model in the decision approving the budget estimate is lower than the land fund value, the investor, project enterprise (if any) shall pay the State budget the difference value and the increased value to be paid to the State budget according to the formula prescribed in Point h, Clause 1 of this Article.

If the value of the construction project under the BT model in the decision approving the budget estimate is higher than the land fund payment value, the investor, project enterprise (if any) will be paid the difference (if any) at the time of final settlement of the BT construction project according to Article 24 of this Decree or implemented according to the provision in Clause 5 of Article 23 of this Decree.

c) Regulations on principles for handling cases where the investor, project enterprise (if any) does not fulfill the obligation of constructing, completing, and transferring the BT construction project according to the agreed schedule in the signed BT contract, except in cases of force majeure as prescribed by civil law or not due to the fault of the investor, project enterprise (if any), including the principles prescribed in Points d, đ, and e of this Clause;

d) The contracting agency terminates the BT project contract, and the competent authority recovers the entire land fund payment for the investor, project enterprise (if any) and recovers the entire guarantee amount according to the guarantee prescribed in Clause 6 of Article 10 or Clause 6 of Article 13 of this Decree in the event that the investor, project enterprise (if any) commences construction of the BT construction project more than 24 months later than committed in the BT contract or completes the BT construction project more than 24 months later than committed in the BT contract. In case the investor, project enterprise (if any) has transferred the land fund payment to another organization or individual, the investor, project enterprise (if any) must repay such organization or individual according to the agreement between the investor, project enterprise (if any) and such organization or individual;

đ) The investor, project enterprise (if any) shall be subject to contractual breach penalties equivalent to the penalty level for late tax payment as prescribed by tax laws multiplied by the total investment amount of the BT construction project in the decision approving the budget estimate for the BT construction project;

e) The investor, project enterprise (if any) shall compensate for all losses caused by delayed implementation or non-implementation of the BT construction project as committed;

5. For projects not falling within the scope prescribed in Clause 4 of this Article which have urgent requirements to immediately implement the BT construction project to ensure technical infrastructure and social infrastructure connectivity according to planning, ensuring effective management, exploitation, and operation as directed in resolutions, conclusions, guiding documents of the Central Committee of the Communist Party of Vietnam, Politburo, Secretariat, key leaders of the Party and State, government resolutions, decisions, directives, notification documents of government leaders, resolutions of the Provincial Party Standing Committee, provincial People's Council resolutions, competent authorities, the investor, project enterprise (if any) may agree to apply the payment method prescribed in Clause 4 of this Article provided that the investor, project enterprise (if any) must fully comply with the provisions of Clause 4 of this Article.

Article 17. Establishing the state budget estimate for land fund settlement

The estimated value of the land fund to be settled with the investor implementing the BT project shall be established and compiled into the annual state budget estimate and allocated according to the provisions of the law on the state budget.

Article 18. Determining the value of the BT project construction works for settlement

1. For a one-time payment BT project contract as stipulated in Clause 2, Article 16 of this Decree:

a) The value of the BT project construction works to be settled with the investor, project enterprise (if any) is the final settlement value of the BT project construction works in accordance with the laws on construction;

b) Interest expenses in the financial plan of the BT project contract terminate at the time of settlement.

2. For a multiple-payment BT project contract as stipulated in Clause 3, Article 16 of this Decree:

a) The value of the BT project construction works to be settled each time is determined based on the percentage (%) of the quantity accepted or the value of the completed BT project construction works item as agreed in the BT project contract;

b) Interest expenses in the financial plan of the BT project contract for the loan capital equivalent to the quantity accepted or the value of the completed BT project construction works item that has been settled will terminate at each settlement time of the land fund. The competent authority, investor, and project enterprise (if any) sign an annex to the contract recording the total investment cost of the BT project construction works after deducting the settled value to serve as the basis for calculating remaining interest costs.

3. In cases where the BT project falls under the adjustment of investment policy as stipulated in Clause 1, Article 18 of the Law on Public-Private Partnership Investment or under the adjustment of the project as stipulated in Clause 1, Article 24 of the Law on Public-Private Partnership Investment, the procedures and formalities for adjusting the investment policy and the formalities for adjusting the BT project must be carried out in accordance with detailed regulations issued by the Government regarding certain provisions of the Law on Public-Private Partnership Investment. In such cases, the contracting agency and the investor, project enterprise (if any) sign an annex to the BT project contract recording the adjusted total investment cost of the BT project construction works, serving as the basis for settlement procedures, completion valuation settlement, and implementation of the difference compensation mechanism as provided for in Articles 20, 23, and 26 of this Decree.

Article 19. Determining the value of the land fund for settlement

1. Principles for determining the value of the land fund for settlement:

a) Compliance with the laws on land, state budget, investment, and construction;

b) The time of land fund settlement is the time when the competent authority issues the decision to allocate land or lease land to the investor, project enterprise (if any);

c) The value of the land fund for settlement is determined based on the provisions of the law on land at the time of issuing the decision to allocate land or lease land, and it does not change from this point onward, including:

In cases where the State allocates land with land use fee payments, the value of the land fund for settlement is the land use fee determined based on the specific land price according to the provisions of the law on land.

In cases where the State leases land, the value of the land fund for settlement is the one-time land rent payment for the entire lease period determined based on the specific land price according to the provisions of the law on land.

In cases where the land fund for settlement includes areas of land exempted or reduced from land use fees or land rents, the value of the land fund for settlement for the investor does not include the value of the land use fees or land rents exempted or reduced according to the provisions of the law on land.

In cases where the land fund for settlement includes areas of land for social facilities, healthcare, education and training, culture, sports, greenery, and other encouraged socialized projects, the investor may choose to pay annual land rent for these areas without including the land rent for these areas in the value of the land fund for settlement. The investor must annually pay the land rent for these areas into the state budget according to the provisions of the law on land.

d) In cases where the investor, project enterprise (if any) advances compensation, support, and resettlement funds, this amount is determined based on the compensation, support, and resettlement plan and unit prices approved by the competent state authority according to the provisions of the law on land. This amount is deducted from the value of the land fund for settlement at the time of settlement as stipulated in Point c of this Clause.

đ) In cases where the BT project contract involves multiple settlements, the total value of the land fund for settlement equals the sum of the values of the land fund for each settlement.

e) Based on the value of the land fund for settlement determined in Point c of this Clause, the People's Committee of the province is responsible for determining the portion of the central budget to be received according to the ratio of land use fees and land rents as stipulated in the law on the state budget and balancing and allocating local budgets to fulfill the obligation of paying the central budget for this amount.

2. In cases where the land fund for settlement undergoes changes in boundaries or area due to adjustments in the overall planning, district planning, or detailed planning affecting the estimated value of the land fund for settlement but still meeting the conditions stipulated in Clause 2, Article 6 of this Decree, the contracting agency and the investor, project enterprise (if any) sign an annex to the contract to agree on the changed contents without having to go through the procedures and formalities for adjusting the BT project investment policy or the BT project.

3. In cases where the overall planning, district planning, or detailed planning is adjusted leading to changes in the location of the land fund for settlement, the procedures for adjusting the project and signing an annex to the contract to agree on the changed contents must be carried out.

Article 20. Payment of BT Project Contracts with Land Fund

1. Principles of Payment:

a) The investor, project enterprise (if any) shall be paid the entire land fund determined in the decision approving the BT project, the BT project contract, and the annex to the BT project contract (if any) to implement the corresponding project.

b) In the case of a one-time payment BT project contract as stipulated in Clause 2, Article 16 of this Decree, the competent authority shall pay the entire land fund to the investor, project enterprise (if any) after the BT project works have been accepted for completion in accordance with the construction law; implement the adjustment mechanism as provided for in Point a, Clause 1, Article 23 of this Decree and pay the value-added tax to the state budget.

c) In the case of multiple payments BT project contract as stipulated in Clause 3, Article 16 of this Decree, the competent authority shall pay to the investor, project enterprise (if any) the area of the land fund equivalent to the value of the quantity of works accepted for completion of the BT project or equivalent to the value of the independent component of the BT project works that have been accepted for completion according to the agreement in the BT project contract; implement the adjustment mechanism as provided for in Point b, Clause 1, Article 23 of this Decree and pay the value-added tax to the state budget according to each payment.

d) In the case of multiple payments BT project contract based on the percentage (%) of the quantity of works accepted for completion of the BT project as stipulated in Clause 3, Article 16 of this Decree, the actual land fund payment each time (except for the final payment) shall not exceed the value of the quantity of works accepted for completion each payment.

e) In the case of a one-time land transfer BT project contract as stipulated in Clause 4 or Clause 5, Article 16 of this Decree, the competent authority shall transfer the entire land fund to the investor, project enterprise (if any) after signing the contract if the land fund meets the conditions for land transfer and lease as prescribed by the land law; implement the adjustment mechanism as provided for in Point c, Clause 1, Article 23 of this Decree.

e) The method, value, conditions, deadlines, and number of payments made by the competent authority to the investor, project enterprise (if any) shall be carried out in accordance with the provisions of the BT project contract and the annex to the BT project contract (if any).

2. Payment procedure, accounting for state budget revenue and expenditure:

a) The investor, project enterprise (if any) shall submit a payment request form along with the payment dossier as stipulated in Clauses 3 and 4 of this Article to the contracting agency.

b) The contracting agency shall confirm the payment request form and send it to the investor, project enterprise (if any).

c) The investor, project enterprise (if any) shall submit the confirmed payment request form along with the payment dossier as stipulated in Clause 4 of this Article to the provincial-level state management agency responsible for land affairs at the locality to carry out the procedures for land transfer and lease and calculate the land use fee and land lease fee in accordance with the land law.

d) Based on the decision on calculating the land use fee and land lease fee, the contracting agency shall determine the actual adjustment value and notify the investor, project enterprise (if any) to implement the adjustment mechanism as provided for in Article 23 of this Decree.

e) The accounting for state budget revenue and expenditure related to the value of the land fund payment shall be carried out in accordance with the provisions of Article 25 of this Decree.

e) Settlement and liquidation of BT project contracts paid with land fund shall be carried out in accordance with the provisions of Article 26 of this Decree.

3. The payment request form includes the following information:

a) Total investment amount of the BT project works in the signed BT project contract and annex to the BT project contract (if any).

b) Boundaries, location, area, and value of the land fund expected to be paid in the signed BT project contract and annex to the BT project contract (if any).

c) Value of the BT project works accepted for completion or the value of the BT project works in the decision approving the BT project budget estimate (in the case of a one-time payment BT project contract).

d) Value of the quantity of BT project works accepted for completion according to the percentage (%) or the value of the BT project works component accepted for completion (in the case of multiple payments BT project contract).

e) Boundaries, location, and area of the land fund requested for payment.

4. Payment dossier:

a) Decision approving the BT project by the competent authority, decision approving the BT project works budget estimate, and adjustment decisions (if any).

b) BT project contract and annex to the BT project contract (if any).

c) Completion acceptance certificate of the BT project works (for one-time payment BT project contract as stipulated in Clause 2, Article 16 of this Decree), completion acceptance certificate of the quantity of BT project works according to the percentage (%) or completion acceptance certificate of the BT project works component according to the construction law (for multiple payments BT project contract as stipulated in Clause 3, Article 16 of this Decree), bank guarantee (for one-time payment BT project contract as stipulated in Clause 4 or Clause 5, Article 16 of this Decree).

d) Decision on land transfer and lease, land use right certificate, and land lease contract for the paid land fund.

đ) Other related documents (if any);

Article 21. Payment of land fund managed by state agencies and organizations

In cases where the land fund managed by state agencies and organizations is used to pay investors of BT projects according to BT project contracts that settle with land funds, competent state authorities shall issue certificates of land use rights for investors and businesses of BT projects (if any) in accordance with the provisions of the Law on Land regarding the area of the land fund used for payment. 对于根据建设-转让项目合同以土地基金进行支付的项目投资者，有权限的国家机关应根据土地法的规定向项目投资者、企业（如有）颁发土地使用权证书，涉及用于支付的土地基金面积部分。

Article 22. Payment of land fund in cases of recovery under the Law on Land

1. Based on the approved 1/500 scale planning map (if available) or 1/2,000 scale planning map, and the signed BT project contract, the People's Committee of the province shall instruct local functional agencies and investors and businesses of BT projects (if any) to perform the following tasks:

a) Prepare compensation, support, and resettlement plans for the entire expected land fund to be paid (in the case of a one-time payment under the BT project contract) or for the portion of the expected land fund to be paid according to the progress of completing the BT project works or the progress of completing BT project components (in the case of multiple payments under the BT project contract) to report to competent state authorities for approval in accordance with the provisions of the Law on Land;

b) Investors and businesses of BT projects (if any) shall advance the compensation, support, and resettlement expenses according to the approved compensation, support, and resettlement plan. This amount shall be implemented in accordance with point d, Clause 1, Article 19 of this Decree; interest costs shall not be included for this amount;

c) Implement the compensation, support, and resettlement work according to the approved plan.

2. Based on the results of compensation, support, and resettlement and the progress of construction works and components of the BT project, the People's Committee of the province shall issue decisions to allocate land or lease land to investors and businesses of BT projects (if any) in accordance with the provisions of the Law on Land.

Article 23. Mechanism for offsetting the difference between the value of the BT project works and the value of the land fund for payment

1. The implementation of the mechanism for offsetting the difference between the value of the BT project works and the value of the land fund for payment shall be carried out in one of the two cases below:

a) Offset the difference once after the completion of all works and settlement of the value of the BT project works for projects applying the payment method stipulated in Clause 2, Article 16 of this Decree;

b) Offset the difference each time during payment for projects applying the payment method stipulated in Clause 3, Article 16 of this Decree;

c) Offset the difference at the time of land fund payment after signing the BT project contract and at the time of settlement of the BT project works for projects applying the payment methods stipulated in Clauses 4 or 5, Article 16 of this Decree.

2. In the case of offsetting the difference as prescribed in point a, Clause 1 of this Article, it shall be implemented as follows:

a) If the settled value of the BT project works is lower than the actual value of the land fund for payment, the investor and business of the BT project (if any) shall supplement the actual difference value into the State budget;

b) If the settled value of the BT project works is higher than the actual value of the land fund for payment, the agency signing the payment contract shall supplement the actual difference value to the investor and business of the BT project (if any) in accordance with Article 24 of this Decree or implement as prescribed in Clause 5 of this Article.

3. In the case of offsetting the difference as prescribed in point b, Clause 1 of this Article, it shall be implemented as follows:

a) If the accepted value of the BT project component is lower than the actual value of the land fund for payment, the investor and business of the BT project (if any) shall supplement the actual difference value into the State budget each time during payment;

b) If the accepted value of the quantity of work or the accepted value of the BT project component is higher than the actual value of the land fund for payment, the agency signing the contract shall confirm the actual difference value for payment when settling the BT project works or implement as prescribed in Clause 5 of this Article;

c) When the BT project is completed and settled as prescribed, based on the accepted value of the quantity of work, the accepted value of the BT project component, the value of the land fund for payment, and the confirmation document of the actual difference value of each payment, the parties signing the BT project contract shall determine the actual total value of the land fund for payment and the settled value of the BT project works.

If the settled value of the BT project works is lower than the total actual value of the land fund for payment, the investor and business of the BT project (if any) shall supplement the actual difference value into the State budget.

If the settled value of the BT project works is higher than the total actual value of the land fund for payment, the agency signing the contract shall supplement the payment according to point b, Clause 2 of this Article.

4. In the case of offsetting the difference as prescribed in point c, Clause 1 of this Article, it shall be implemented as follows:

a) At the time of land fund payment, the investor and business of the BT project (if any) shall pay the State budget the difference value between the value of the land fund for payment and the value of the BT project works at the decision approving the project estimate as prescribed in point b, Clause 4, Article 16 of this Decree;

b) At the time of settlement of the BT project works:

If the settled value of the BT project works is lower than the value of the BT project works at the decision approving the project estimate, the investor and business of the BT project (if any) shall supplement the State budget with the amount determined as follows:

Value to be supplemented to the State budget = Value of the BT project works at the decision approving the project estimate - Settled value of the BT project works.

If the settled value of the BT project works is higher than the value of the BT project works at the decision approving the project estimate, the investor and business of the BT project (if any) shall bear the entire difference according to the principle prescribed in point a, Clause 4, Article 16 of this Decree.

5. At the time of payment, if the value of the BT construction work exceeds the actual value of the land fund for payment, and the competent authority supplements the payment to the investor or project enterprise, at the same time, the investor or project enterprise (if applicable) also has other financial obligations regarding land that must be paid to the state budget on the same provincial administrative unit level, then the contracting agency shall report to the People's Committee of the province for consideration and permission to offset the actual excess value with the financial obligation regarding land that the investor or project enterprise must pay.

Article 24. Supplemental Payment of Excess Value

The competent authority responsible for supplementing the excess value as stipulated in point b, Clause 4, Article 16 of this Decree (if applicable); the actual excess value as stipulated in point b, Clause 2, and point c, Clause 3, Article 23 of this Decree (if applicable) shall be paid to the investor or project enterprise as follows:

1. The competent authority shall report to the competent authority to supplement the budget estimate into the central or local state budget plan, or to supplement the source of funds into the public investment plan to make the supplemental payment of the excess value or the actual excess value according to the laws on the state budget and public investment. The procedures and formalities for implementation shall be carried out in accordance with the corresponding regulations for each source of funds under the laws on the state budget and public investment.

2. Conditions and principles for guidance and payment:

a) State budget funds for the supplemental payment of the excess value or the actual excess value shall be paid to the investor or project enterprise (if applicable) when the competent authority allocates the state budget estimate and allocates the capital plan according to the law;

b) Principles for guidance and payment, disbursement of state budget funds shall be implemented according to the Government's regulations on the financial management mechanism for projects invested through the public-private partnership model and the payment and settlement mechanism for projects applying the BT contract type;

c) The contracting agency is responsible for managing and using the allocated state budget funds for the intended purpose and target; complying with current legal provisions, bearing responsibility for the excess value or the actual excess value proposed for payment; ensuring the legality of the documents in the file provided to the State Treasury and relevant agencies.

3. Documents for payment request:

Based on the decision of the competent authority on allocating the state budget estimate and allocating the capital plan, the contracting agency shall prepare and submit to the State Treasury where the transaction takes place one set of documents requesting payment for the investor or project enterprise (if applicable) as follows:

a) A document from the contracting agency determining the excess value or the actual excess value to be supplemented and paid to the investor or project enterprise (if applicable);

b) Decision on allocating the state budget estimate and allocating the capital plan by the competent authority;

c) Payment request document for the investor or project enterprise (if applicable) from the contracting agency;

d) Withdrawal voucher.

4. The payment request document and withdrawal voucher as stipulated in points c and d of Clause 3 of this Article shall be prepared according to the form and quantity specified in the Government's regulations on the financial management mechanism for projects invested through the public-private partnership model and the payment and settlement mechanism for projects applying the BT contract type.

Article 25. Accounting for state budget revenue and expenditure related to the value of land funds paid out

1. The accounting for state budget revenue and expenditure related to the value of land funds paid out to investors implementing BT projects shall be carried out in the form of recording state budget revenue and expenditure.

2. In cases where the final settlement value of the BT project construction has been approved,

a) If the actual value of the land fund paid out is higher than the final settlement value of the BT project construction, then record revenue and expenditure according to the final settlement value of the BT project construction. When the investor, project enterprise (if any), pays money into the state budget for the difference between the actual land fund value and the final settlement value of the BT project construction, the accounting of state budget revenue shall be carried out in accordance with the laws on state budget;

b) If the actual value of the land fund paid out is lower than the final settlement value of the BT project construction, then record state budget revenue for the value of the land fund paid out, and record state budget expenditure for the value of the BT project construction settlement corresponding to the value of the land fund paid out, in accordance with the laws on state budget.

3. In cases where the final settlement value of the BT project construction has not yet been approved,

a) Record state budget revenue and expenditure for the value of the land fund corresponding to the completed value that has been accepted upon completion of individual project components as agreed in the payment contract;

b) When the competent authority approves the final settlement value of the BT project construction, record the remaining difference of the actual land fund paid out, and record the remaining difference of the BT project construction value compared to the amount already recorded. The accounting of this difference shall be carried out in accordance with points a and b of Clause 2 of this Article.

Article 26. Final Settlement and Termination of BT Project Payment Contracts using Land Funds

1. The final settlement of BT project payment contracts using land funds shall be carried out in accordance with the provisions of the Government Decree stipulating the financial management mechanism for public-private partnership investment projects and the payment and final settlement mechanisms for BT contract projects.

2. After completing the payment and final settlement as stipulated in Clause 1 of this Article, the parties to the BT project contract shall sign a confirmation document to complete the payment in order to terminate the BT project contract in accordance with the law.

Section 3

CONTRACTS AND COMBINED PAYMENT MECHANISMS FOR BT PROJECTS USING LAND FUNDS AND STATE BUDGET

土地基金和国家预算

Article 27. Contents of BT Project Contracts Combining Payment with Land Funds and State Budget

BT project contracts combining payment with land funds and state budget include the contents stipulated in Articles 14 and 16 of this Decree.

Article 28. Payment Mechanism for BT Project Contracts Combining Payment with Land Funds and State Budget

1. The payment for BT project contracts combining payment with land funds and state budget shall be independently carried out for project components paid with land funds and those paid with state budget according to the project approval decision.

2. The payment mechanism for project components paid with state budget shall be carried out in accordance with the provisions of Section 1 of this Chapter. The payment mechanism for project components paid with land funds shall be carried out in accordance with the provisions of Section 2 of this Chapter.

Chapter V

IMPLEMENTATION OF BT PROJECTS AND HANDOVER OF BT PROJECT CONSTRUCTIONS

Article 29. Implementation of BT Project

1. The investor and project enterprise (if any) shall organize the implementation of investment and construction of the BT project's works in accordance with the provisions of the contract and laws on construction, land, and related laws.

2. The contracting agency shall fulfill its responsibility for managing and supervising the quality of the BT project's works in accordance with Clause 2 of Article 59 of the Law on Investment under the Public-Private Partnership Model.

Article 30. Transfer of Works of the BT Project

1. After the BT project's works have been accepted and meet the conditions for operation and use as stipulated by the law on construction, the investor and project enterprise (if any) shall prepare a proposal to transfer the BT project's works and submit it to the competent authority. The proposal for transferring the BT project's works shall include:

a) A document proposing the transfer of the BT project's works;

b) A document approving the acceptance results and meeting the conditions for operation and use issued by the competent authority in accordance with the law on construction;

c) A report on the fulfillment of the principles and conditions for transferring and receiving the BT project's works as prescribed by the Government's detailed regulations on certain provisions of the Law on Investment under the Public-Private Partnership Model.

2. The competent authority shall instruct the contracting agency to sign a receipt for the transferred assets and prepare a file and report to determine the agency or unit responsible for managing, operating, and maintaining the BT project's works.

In cases where quality inspection of the BT project's works is required, the contracting agency may hire consultants to inspect the quality in accordance with Clause 3 of Article 59 of the Law on Investment under the Public-Private Partnership Model.

3. Within thirty days from the date of receipt of the proposal for transferring the works, the contracting agency shall take the lead and coordinate with the specialized state management agencies, financial agencies, and other relevant agencies (if necessary) to perform the following tasks:

a) Organize the appraisal of the quality, value, and condition of the BT project's works according to the principles and conditions agreed upon in the project contract;

b) Prepare a list of assets to be transferred;

c) Prepare a record of any damages to the assets (if any) to request the investor and project enterprise (if any) to repair and maintain the assets;

d) If the BT project's works meet all requirements, the contracting agency shall sign a receipt for the transferred assets.

At least ninety days before the completion acceptance date of the BT project's works as specified in the contract, the contracting agency shall develop a plan to receive the BT project's works including the following contents:

a) Report to the competent authority on assigning an agency or unit to manage, operate, and maintain the BT project's works in accordance with the Government's detailed regulations on certain provisions of the Law on Investment under the Public-Private Partnership Model;

b) Coordinate with the agency or unit assigned to manage, operate, and maintain the BT project's works to request the State Audit Agency to audit the value of the BT project's assets, serving as the basis for increasing assets in accordance with the law on the management and use of public assets;

c) Other necessary contents.

5. The agency or unit assigned to implement the management, operation, and exploitation of the BT project's works.

6. In cases where there is a requirement to transfer one or more parts or components of the BT project's works in accordance with the law, the investor and project enterprise (if any) shall transfer the parts or components of the works in accordance with the corresponding provisions of this Article.

Article 31. Principles, conditions for transferring and receiving BT project works

1. Except in cases where the BT project contract is terminated before the agreed term, the BT project works shall only be accepted when the investor and the project enterprise (if any) ensure that they meet all of the following conditions:

a) The construction of the BT project works complies with the standards and specifications as prescribed by laws on construction, industry management laws, and related laws; adheres to the provisions of the project contract;

b) The BT project works are not in a state of pledge, mortgage, or any other restriction on ownership rights;

c) The BT project works fully meet the usage functions, required capacity, and quality as stipulated in the technical, technological, and quality requirements of the project contract at the time of transfer, and are in compliance with the conditions for continued use as prescribed by law.

2. The contracting authority has the responsibility to report to the competent authority to assign agencies or units with sufficient capability and resources to manage, operate, and maintain the BT project works according to the provisions of Clause 2, Article 30 of this Decree, ensuring the transfer deadline as prescribed by law and the project contract.

Article 32. Implementation of the corresponding project

1. The procedures and formalities for investing in the corresponding project shall be carried out in accordance with the laws on investment, land, planning, and related laws.

2. In cases where the competent authority decides to approve the investment orientation of the corresponding project is also the authority deciding on the investment orientation and approval of the BT project, the unit preparing the BT project or the investor may simultaneously carry out the procedures related to land, investment, planning, and other relevant procedures of the corresponding project as prescribed by the laws on land, investment, planning, and related laws during the preparation of the preliminary feasibility study report, investment orientation proposal report; feasibility study report, economic and technical investment construction report of the BT project.

3. The investor and the project enterprise (if any) shall implement the procedures and formalities for approving the investment orientation while approving the investor to implement the corresponding project in accordance with the laws on investment and related laws.

4. The investor and the project enterprise (if any) shall implement the corresponding project according to the decision approving the investment orientation while approving the investor, the provisions of the laws on investment, construction, land, planning, industry management laws, and related laws.

5. The competent authority responsible for managing state investment functions, supervising investment projects or overall investment supervision according to the laws on investment ensures that the investor fulfills all commitments during the implementation of the corresponding project.

Chapter VI

IMPLEMENTING PROVISIONS

Article 33. Implementation Provisions

1. This Decree takes effect from the date of issuance.

2. The Ministry of Finance shall draft and promulish the model of the investor selection dossier for implementing the BT project.

3. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairmen of provincial People's Committees under central city administrations within their respective functions and authorities have the responsibility to guide and enforce this Decree.