Law Amending the Planning Law, Investment Law, Public-Private Partnership Investment Law, and Bidding Law 2024 No. 57/2024/QH15

LAW

AMENDMENTS AND SUPPLEMENTS TO CERTAIN ARTICLES OF THE URBAN PLANNING LAW, INVESTMENT LAW, PUBLIC-PRIVATE PARTNERSHIP INVESTMENT LAW, AND BIDDING LAW

On the basis of the Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates this Law amending and supplementing certain articles of the Urban Planning Law No. 21/2017/QH14 which has been amended and supplemented by Laws No. 15/2023/QH15, No. 16/2023/QH15, No. 28/2023/QH15, No. 31/2024/QH15, No. 35/2024/QH15, No. 38/2024/QH15, and No. 43/2024/QH15; Investment Law No. 61/2020/QH14 which has been amended and supplemented by Laws No. 72/2020/QH14, No. 03/2022/QH15, No. 05/2022/QH15, No. 08/2022/QH15, No. 09/2022/QH15, No. 20/2023/QH15, No. 26/2023/QH15, No. 27/2023/QH15, No. 28/2023/QH15, No. 31/2024/QH15, No. 33/2024/QH15, and No. 43/2024/QH15; Public-Private Partnership Investment Law No. 64/2020/QH14 which has been amended and supplemented by Laws No. 03/2022/QH15, No. 28/2023/QH15, and No. 35/2024/QH15; and Bidding Law No. 22/2023/QH15.

Article 1. Amendments and supplements to certain articles of the Urban Planning Law

1. Amend and supplement certain clauses of Article 6 as follows:

a) Amend and supplement Clause 1 as follows:

"1. National marine space planning and national land use planning must be consistent with the overall national planning.

In case there is a conflict between the national marine space planning and the national land use planning, they must be adjusted and implemented according to the overall national planning."

b) Amend and supplement Clause 4 as follows:

"4. Technical and specialized planning must be consistent with national-level planning, regional planning, and provincial planning related to them as prescribed by the Government."

2. Amendment and supplementation of Article 9 as follows:

“Article 9. Costs for planning activities

1. Costs for preparing, publishing, and adjusting national-level planning, regional planning, and provincial planning shall be funded from state investment capital as prescribed by laws on state investment and other lawful sources; for national land use planning, national defense land use planning, and security land use planning, such costs shall be carried out in accordance with laws on land.

2. Costs for preparing, reviewing, and adjusting tasks for national-level planning, regional planning, and provincial planning; reviewing and adjusting national-level planning, regional planning, and provincial planning; adjusting national-level planning, regional planning, and provincial planning through simplified procedures; evaluating national-level planning, regional planning, and provincial planning shall be funded from regular budget expenditures as prescribed by laws on state budget.

3. Costs for preparing, reviewing, publishing, evaluating, and adjusting technical and specialized planning shall be funded from regular budget expenditures as prescribed by laws on state budget and other lawful sources.

4. The Government shall provide detailed regulations on this matter."

3. Amend and supplement clause 2, Article 15 as follows:

"2. The authority to organize reviews, approve, and approve adjustments to planning tasks shall be defined as follows:

a) The Government shall organize reviews of planning tasks, approve planning tasks, and approve adjustments to planning tasks for the overall national planning, national marine space planning, and national land use planning;

b) The Prime Minister shall organize reviews of national sectoral planning and regional planning; approve planning tasks, and approve adjustments to planning tasks for national sectoral planning, regional planning, and provincial planning;

c) The Ministry of Planning and Investment shall organize reviews of planning tasks for provincial planning."

4. Amend and supplement certain points and clauses of Article 16 as follows:

a) Amend and supplement points b, c, and d of Clause 1 as follows:

"b) The planning agency selects consulting organizations to prepare the planning; takes the lead and coordinates with relevant ministries, ministerial-level agencies, and localities to study, analyze, evaluate, forecast factors, conditions, resources, development context, assess the current economic and social development status of the country, propose viewpoints, goals, and contents of the planning; send to relevant ministries, ministerial-level agencies, and localities;

c) Relevant ministries, ministerial-level agencies, and localities participate in providing opinions and proposals on planning contents within their management scope and send to the planning agency;

d) The planning agency leads and coordinates with relevant ministries, ministerial-level agencies, and localities to address cross-sectoral, cross-regional, and cross-provincial issues to ensure the consistency, synchronization, and effectiveness of the planning;"

b) Amend and supplement points b, c, and d of Clause 3 as follows:

"b) The planning agency selects consulting organizations to prepare the planning; takes the lead and coordinates with relevant ministries, ministerial-level agencies, and localities to study, analyze, evaluate, forecast factors, conditions, resources, development context, assess the current economic and social development status of the region, propose viewpoints, goals, and contents of the planning; send to relevant ministries, ministerial-level agencies, and localities within the region;

c) Relevant ministries, ministerial-level agencies, and localities within the region participate in providing opinions and proposals on planning contents within their management scope and send to the planning agency;

d) The planning agency leads and coordinates with relevant ministries, ministerial-level agencies, and localities to address cross-regional and cross-provincial issues to ensure the consistency, synchronization, and effectiveness of the planning;"

c) Supplement Clause 5 after Clause 4 as follows:

"5. The Government shall provide detailed regulations on this matter."

5. Amend and supplement Clause 2 of Article 20 as follows:

"2. Higher-level planning (if applicable)."

6. Amend and supplement Point n of Clause 2 of Article 22 as follows:

"n) List of proposed important national projects;"

7. Amend and supplement Point i of Clause 2 of Article 23 as follows:

"i) List of proposed important national projects;"

8. Amend and supplement certain points and clauses of Article 25 as follows:

a) Amend and supplement Point g of Clause 3 as follows:

"g) List of proposed important national projects and priority infrastructure projects;"

b) Amend and supplement point d of Clause 5 as follows:

"d) List of proposed important national projects and priority environmental protection projects;"

c) Amend and supplement the opening part of Clause 6 as follows:

"6. Comprehensive biodiversity conservation planning includes the following main contents:"

d) Amend and supplement Point d of Clause 6 as follows:

"d) List of proposed important national projects and priority biodiversity conservation projects;"

9. Amend and supplement Point g of Clause 2 of Article 26 as follows:

"g) List of proposed priority projects in the region;"

10. Amend and supplement some points of Clause 2, Article 27 as follows:

a) Amend and supplement Point d as follows:

“d) The plan for developing the urban and rural system; the plan for developing economic zones, industrial parks, export processing zones, high-tech zones, tourist areas, sports and recreation areas, research and training areas; the plan for developing conservation areas, areas requiring preservation, restoration, and recovery of historical and cultural relics, scenic spots, and objects that have been inventoried; the plan for developing industrial clusters; the plan for developing concentrated agricultural production areas; determining military and security zones; the plan for developing difficult and particularly difficult areas, areas with driving roles;”

b) Amend and supplement Point e as follows:

“e) The plan for developing the power grid network, including the power development plan determined at the national level planning, regional planning within the territory, and the provincial power source and grid development plan;”

c) Amend and supplement Point h as follows:

“h) The plan for developing water conservancy works, water supply and drainage systems, including water conservancy works, water supply and drainage systems determined at the national level planning, regional planning within the territory, and inter-district water conservancy works, water supply and drainage systems;”

d) Amend and supplement Point o as follows:

“o) The list of priority projects expected to be implemented by the province;”

11. Amend and supplement Clause 2, Article 34 as follows:

“2. The Prime Minister approves the national sectoral planning, regional planning, and provincial planning.”

12. Amend and supplement Article 45 as follows:

“Article 45. Implementation Plan of Planning

1. The implementation plan of planning is issued after the planning has been decided or approved.

The authority to issue the implementation plan of planning is stipulated in Articles 55 and 56 of this Law. The agency authorized to issue the implementation plan of planning also has the authority to amend the implementation plan of planning.

2. The implementation plan of planning must comply with the decision or approval document on planning and include the following main contents:

a) Public investment projects;

b) Investment projects using sources of funds other than public investment funds;

c) Determining resources and the use of resources to implement planning.

3. The Government shall specify the dossier, procedures, and processes for issuing and amending the implementation plan of planning.”

13. Amend and supplement Clause 4, Article 47 as follows:

“4. The People's Committee of the province, within its assigned tasks and powers, allocates resources to implement provincial planning.”

14. Amend and supplement Clause 1, Article 49 as follows:

“1. Planning is evaluated according to a five-year periodic schedule or on an ad hoc basis based on evaluation criteria prescribed by the Government.”

15. Amend and supplement Article 51 as follows:

“Article 51. Principles for Amending Planning

1. Planning is amended according to the procedures and formalities prescribed in Article 54 of this Law when there is one of the bases prescribed in Article 53 of this Law.

2. The agency authorized to decide or approve planning has the authority to decide or approve amendments to planning, except in cases stipulated in point b and point c of Clause 6, Article 54a of this Law.

3. The agency responsible for organizing the preparation of planning bears responsibility for organizing the amendment of planning.

4. Amending planning does not change the objectives of planning, except in cases stipulated in Clauses 1, 2, 3, and 4 of Article 53 of this Law.”

16. Add Article 54a after Article 54 in Section 3, Chapter IV as follows:

“Article 54a. Adjustment of planning according to simplified procedures and formalities

1. The adjustment of planning according to simplified procedures and formalities does not change the viewpoint and objectives of the planning; ensures connectivity, synchronization, inheritance, and stability among various plans.

2. National-level planning, regional planning, and provincial planning may be adjusted according to simplified procedures and formalities when there is one of the following bases:

a) The implementation of resolutions of the National Assembly, the Standing Committee of the National Assembly, or the Government regarding national defense and security, administrative unit reorganization, or important national projects that alter one or more contents of the planning;

b) The planning conflicts with higher-level planning;

c) The planning conflicts with same-level planning;

d) The implementation of urgent projects or critical tasks that alter one or more contents of the planning as prescribed by the Government.

3. When there is one of the bases specified in point b or point c of Clause 2 of this Article, the Government shall consider and approve the policy to adjust the national marine space planning and the national land use planning.

4. When there is one of the bases specified in point b or point c of Clause 2 of this Article, the Prime Minister shall consider and approve the policy to adjust the national sectoral planning, regional planning, and provincial planning.

5. The agency organizing the planning or the agency drafting the planning shall prepare the adjustment file, seek opinions from relevant agencies; incorporate feedback, explain, and complete the adjustment file, submit it to the competent authority for decision or approval on the adjustment of planning.

6. The authority to decide or approve the adjustment of planning is defined as follows:

a) The National Assembly decides on the adjustment of the overall national planning, the national marine space planning, and the national land use planning;

b) The Minister responsible for organizing the national sectoral planning and regional planning approves the adjustment of the national sectoral planning and regional planning and reports to the Prime Minister on the results of implementation;

c) The Chairman of the Provincial People's Council approves the adjustment of provincial planning and reports to the Prime Minister on the results of implementation.

7. The Government shall provide detailed regulations for Clause 1, Clause 2, and Clause 5 of this Article; specify the files for adjusting planning according to simplified procedures and formalities."

17. Amend and supplement some points and clauses of Article 55 as follows:

a) Amend and supplement Clause 2 as follows:

"2. The Prime Minister issues policies, solutions, and allocate resources to implement national sectoral planning and regional planning; plan the implementation of regional planning;"

b) Amend and supplement point d of Clause 3 as follows:

"d) Issue guidelines to determine costs for planning activities of national-level planning, regional planning, and provincial planning;"

c) Amend and supplement point a of Clause 4 as follows:

"a) Issue plans to implement national sectoral planning; report to the Prime Minister for issuing policies, solutions, and resource allocation for implementing national sectoral planning; report to the Prime Minister for establishing the National Planning Review Board;"

18. Amend and supplement Clause 1 of Article 56 as follows:

"1. Issue plans to implement provincial planning; issue or submit to the competent authority for issuing policies, solutions, and resource allocation for implementing provincial planning;"

19. Amend and supplement some numbering in Appendix I on the List of National Sectoral Planning as follows:

a) Amend and supplement number 26 as follows:

b) Amend and supplement numbers 29, 32, and 33 as follows:

20. Amend and supplement number 11 in Appendix II on the List of Technical and Specialized Planning as follows:

21. Repeal Clause 5 of Article 5, point d of Clause 1 and point d of Clause 3 of Article 16, point m of Clause 2 of Article 27, Article 28, Clause 3 of Article 47, Article 52, and number 31 in Appendix I on the List of National Sectoral Planning.

Article 2. Amending and supplementing some articles of the Investment Law

1. Supplement Clause 3a following Clause 3 of Article 4 as follows:

"3a. In cases where there are different provisions between Article 36a of the Investment Law and other laws promulgated before January 15, 2025, the provisions of Article 36a of the Investment Law shall be implemented."

2. Supplement Point i and Point k following Point h of Clause 1 of Article 6 as follows:

"i) Trading in national treasures;

k) Exporting cultural relics and antiques."

3. Supplement Article 18a following Article 18 as follows:

“Article 18a. Investment Support Fund

1. The Government shall establish the Investment Support Fund from additional corporate income tax revenues under the global minimum tax rules and other lawful sources to stabilize the investment environment, encourage, and attract strategic investors, multinational corporations, and support domestic enterprises in certain sectors that need encouragement for investment.

2. The Government shall specify in detail the operational model, legal status, annual budget allocation and supplements for the Fund, forms of support, compensation mechanisms for support, and other special policies of the Fund, and report to the Standing Committee of the National Assembly for comments before promulgation."

4. Amending, supplementing, and abolishing some points of Clause 1 of Article 31 as follows:

a) Amend and supplement Point d as follows:

"d) New investment projects: ports, port areas with an investment capital of VND 23,000 billion or more belonging to special seaports and Class I seaports;"

b) Amending and supplementing Point g1 as follows:

"g1) Investment projects complying with the legal regulations on cultural heritage regardless of land area and population within the protection zone I of recognized national special relics included in the World Heritage List;"

c) Abolishing Point h.

5. Amending and supplementing some points of Clause 1 of Article 32 as follows:

a) Amending and supplementing Point b1 as follows:

"b1) Investment projects complying with the legal regulations on cultural heritage regardless of land area and population within the protection zones I and II of recognized national relics and national special relics, except for the protection zone I of national special relics included in the World Heritage List; investment projects regardless of land area and population within restricted development areas or historical downtowns (as determined in urban planning) of special cities;"

b) Supplementing Point đ and Point e following Point d as follows:

"đ) Investment projects for constructing and operating industrial infrastructure in industrial parks, export processing zones;

e) New investment projects: ports, port areas with an investment capital below VND 23,000 billion belonging to special seaports."

6. Amending and supplementing Point a of Clause 3 of Article 33 as follows:

"a) Evaluating the compliance of investment projects with national-level master plans, regional master plans, provincial master plans, urban master plans, and special administrative-economic units' master plans (if applicable) related to the project;"

7. Amending and supplementing Point c of Clause 6 of Article 34 as follows:

"c) The compliance of investment projects with strategies, national-level master plans, regional master plans, provincial master plans, urban master plans, and special administrative-economic units' master plans (if applicable) related to the project;"

8. Supplementing Article 36a following Article 36 in Section 2 Chapter IV as follows:

"Article 36a. Special Investment Procedures

1. Except for investment projects specified in Article 30 of this Law, investors have the right to choose to register their investments according to the provisions of this Article for projects in industrial parks, export processing zones, high-tech parks, concentrated information technology zones, free trade zones, and functional zones within economic zones in the following fields:

a) Investing in building innovation centers, research and development (R&D) centers; investing in semiconductor integrated circuit manufacturing, design, and production of electronic components, integrated circuits (IC), flexible electronics (PE), chips, and semiconductor materials;

b) Investing in high-tech fields prioritized for development and production of products listed in the high-tech product promotion catalog decided by the Prime Minister.

2. The registration dossier includes documents stipulated at Points a, b, c, d, đ, g, and h of Clause 1 of Article 33 of this Law, including a proposal document containing commitments to meet construction, environmental protection, fire prevention, and firefighting legal requirements; a project proposal including identification, environmental impact prediction, and measures to mitigate adverse environmental impacts instead of preliminary environmental impact assessment.

3. The evaluation content includes:

a) Compliance of the project with the investment fields specified in Clause 1 of this Article;

b) Compliance of the project with relevant master plans;

c) Legal status and experience of the investor;

d) Land use needs (if applicable);

đ) Project implementation schedule;

e) Investor's commitment content;

g) Investment incentives and conditions for enjoying incentives (if applicable).

4. The registration dossier shall be submitted to the Management Board of the industrial park, export processing zone, high-tech park, or economic zone. Within fifteen days from the date of receipt of the dossier, the Management Board shall evaluate the dossier and issue the Investment Registration Certificate.

5. In cases where two or more investors propose projects requesting state leasing or change of land use purpose at the same location, the Management Board shall consider and issue the Investment Registration Certificate to the first investor who submits a valid dossier and notify the remaining investors in writing. If the first investor's dossier is rejected, the Management Board shall proceed with issuing the Investment Registration Certificate according to the principle of sequentially reviewing each subsequent investor's dossier. Foreign investors may establish economic organizations to implement investment projects before registering the investment.

6. Adjustments to the project's operational objectives shall be carried out in accordance with the corresponding provisions of Clause 4 of this Article.

7. Investment registration projects under the provisions of this Article shall not be required to go through procedures for approval of investment orientation, technology appraisal, preparation of environmental impact assessment reports, detailed planning preparation, construction permit issuance, and other procedures for approval, consent, or permission in the fields of construction, fire prevention, and firefighting.

8. Prior to commencing construction, the investor shall submit to the competent state agency responsible for construction management at the local level and the Industrial Park Management Board, Export Processing Zone Management Board, High-Tech Zone Management Board, and Economic Zone Management Board a notice of commencement accompanied by the following documents:

a) An economic-technical report on construction investment including contents as prescribed by the Law on Construction, organized, reviewed, and approved by the investor;

b) A report on the results of the technical and economic feasibility study review for construction investment conducted by organizations or individuals with qualifications as prescribed by law, including reviews on project safety, environmental protection, fire prevention, and firefighting; compliance with technical standards and regulations.

9. The Certificate of Investment Registration serves as the basis for land leasing, land use purpose conversion; administrative procedure implementation; inspection, supervision, evaluation, administrative violation handling, and state management of the project.

10. The Industrial Park Management Board, Export Processing Zone Management Board, High-Tech Zone Management Board, and Economic Zone Management Board shall be responsible for inspecting, supervising, and evaluating the implementation of the project in accordance with the law; resolving issues within their authority or notifying the competent authority to resolve issues arising from the project.

11. The Minister of Planning and Investment shall issue forms and documents for implementing investment projects as stipulated in this Article.

12. The Government shall provide detailed regulations on this Article.”

9. Amend and supplement point d of Clause 2, Article 47 as follows:

“d) Investors who fail to comply with the approved investment orientation, Investment Registration Certificate, and have been administratively penalized but continue to violate, except in cases where they do not implement according to the schedule specified in the approved investment orientation, Investment Registration Certificate, or adjusted investment orientation approval, Investment Registration Certificate adjustment.”

10. Add point a1 after point a of Clause 2, Article 48 as follows:

“a1) After 24 months from the completion date of the project's operational objectives or each phase's operational objectives (if applicable), as specified in the approved investment orientation, Investment Registration Certificate, or adjusted investment orientation approval, Investment Registration Certificate adjustment, if the investor has still not completed these operational objectives and does not fall under the circumstances allowed for schedule adjustment according to the regulations, except as provided in point d of this clause;”

11. Amend and supplement some item numbers in Appendix IV on the List of Industries and Businesses Subject to Conditions as follows:

a) Amend and supplement item number 50 as follows:

b) Amend and supplement item numbers 115, 193, 194, 201, and 202 as follows:

c) Add item numbers 90a, 90b, and 90c after item number 90; and item numbers 230, 231, and 232 after item number 229 as follows:

d) Repeal item number 11.

Article 3. Amending and supplementing certain articles of the Law on Investment under Public-Private Partnership (PPP) Model

1. Supplement Point e1 following Point e Clause 16 Article 3 as follows:

“e1) Build-Transfer Contract (BT Contract, hereinafter referred to as BT Contract);”

2. Amending and supplementing Clause 4 as follows:

“Article 4. Fields of investment under the PPP model and classification of PPP projects

1. PPP investment projects are implemented in public investment sectors with the purpose of investing in construction works, infrastructure systems, providing public products and services, except for projects falling under the following cases:

a) Projects falling under state monopoly as prescribed by law;

b) Projects falling under defense, security, and social order and safety sectors as prescribed by law on public investment.

2. PPP projects are classified according to the authority to decide on investment orientation including:

a) Projects within the authority to decide on investment orientation of the National Assembly;

b) Projects within the authority to decide on investment orientation of the Prime Minister;

c) Projects within the authority to decide on investment orientation of the Minister, head of central agency, or other agencies as prescribed in Clause 1 Article 5 of this Law;

d) Projects within the authority to decide on investment orientation of the People's Council at provincial level;

đ) Projects within the authority to decide on investment orientation of the People's Committee at provincial level;

e) Projects not falling under the cases required to decide on investment orientation, including projects prescribed in Clauses 2a, 2b, and 2c Article 11 of this Law.”

3. Amending and supplementing Points b and c Clause 1 Article 6 as follows:

“b) The Inter-Ministerial Appraisal Board shall perform the task of appraising the feasibility study report of PPP projects decided on investment orientation by the Prime Minister;

c) Except for cases where the appraisal task is assigned to units subordinate to the competent authority as prescribed in Clause 3 of this Article, the grassroots Appraisal Board shall perform the task of appraising the following reports: feasibility study report of PPP projects decided on investment orientation by the Prime Minister; feasibility study report and preliminary feasibility study report of PPP projects decided on investment orientation by the Minister, head of central agency, other agencies, People's Council at provincial level, People's Committee at provincial level; feasibility study report of PPP projects not falling under the cases required to decide on investment orientation prescribed in Clauses 2a, 2b, and 2c Article 11 of this Law.”

4. Amending and supplementing certain clauses of Article 11 as follows:

a) Amending and supplementing the opening paragraph of Clause 1 as follows:

“1. Except for cases prescribed in Clauses 2, 2a, 2b, and 2c of this Article, the PPP project process shall be carried out as follows:”

b) Supplementing Clauses 2a, 2b, and 2c following Clause 2 as follows:

“2a. For PPP projects with total investment equivalent to Group B and Group C projects under the law on public investment without using state capital as prescribed in Articles 70, 71, and 72 of this Law, the PPP project process shall be carried out as follows:

a) Preparing and appraising feasibility study report or economic-technical investment construction report for PPP projects that require preparation of economic-technical investment construction report;

b) Approving the project based on the feasibility study report or economic-technical investment construction report, and announcing the project;

c) Selecting investors;

d) Establishing the PPP project enterprise and signing the PPP project contract;

đ) Implementing the PPP project contract.

2b. For PPP projects applying O&M contracts, the PPP project process shall be carried out as follows:

a) Preparing and appraising feasibility study report, approving the project, and announcing the project;

b) Selecting investors;

c) Establishing the PPP project enterprise and signing the PPP project contract;

d) Implementing the PPP project contract.

2c. For PPP projects applying BT contracts without payment requirement, the PPP project process shall be carried out as follows:

a) Investors propose projects, prepare feasibility study report along with draft contract;

b) Competent authorities organize the appraisal of feasibility study report, approve the project and draft contract;

c) Establishing the PPP project enterprise if proposed by investors;

d) Signing the PPP project contract;

đ) Implementing the PPP project contract; organizing supervision of construction and completion acceptance of works in accordance with laws on construction as applicable to public investment projects.”

“Projects prescribed in this clause do not need to select investors in accordance with Chapter III and do not need to implement contents related to implementing the PPP project contract as prescribed in Articles 53, 54, 55, 58, 59, 61, 62, 63, 64, 65, and 66 of this Law.”

c) Amending and supplementing Clause 5 as follows:

"5. The Government shall provide detailed regulations on this matter."

5. Amending and supplementing some Points and Clauses of Article 12 as follows:

a) Amend and supplement point a, Clause 1 as follows:

“a) Using public investment capital from VND 30,000 billion upwards;”

b) Amending and supplementing Point b Clause 2 as follows:

“b) Projects with total investment equivalent to Group A projects under the law on public investment using public investment capital from VND 10,000 billion upwards managed by Ministries, central agencies; projects applying BT contracts paid by state budget revenue obtained from land fund auctions, state asset auctions for land funds, state assets under central management with original value according to accounting books from VND 500 billion upwards;”

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

“d) Projects complying with the provisions of the law on cultural heritage regardless of land area and population within the protection zone I of recognized special national relics in the World Heritage List.”

d) Amending and supplementing Clause 3 and Clause 4; supplementing Clause 4a following Clause 4 as follows:

“3. The Minister, head of central agency, or other agencies shall decide on investment orientation of PPP projects as follows:

a) Projects within the management scope of Ministries, central agencies, or other agencies, except for projects prescribed in Clause 1 and Clause 2 of this Article;

b) Projects applying BT contracts paid by state budget revenue obtained from land fund auctions, state asset auctions for land funds, state assets with original value according to accounting books below VND 500 billion within the management scope of Ministries, central agencies, or other agencies.

4. The People's Council at provincial level shall decide on investment orientation of PPP projects as follows:

a) Projects within the management scope of localities with total investment equivalent to Group A projects under the law on public investment, except for projects prescribed in Clause 1 and Clause 2 of this Article;

b) The project specified in Clause 3, Article 5 of this Law shall be assigned by the Prime Minister to that locality to act as the competent authority with a total investment ceiling equivalent to a Class A project under the laws on public investment, except for the projects specified in Clauses 1 and 2 of this Article.

4a. The People's Committee of the province decides on the investment orientation for the following PPP project:

a) Projects within the management scope of the locality, except for the projects specified in Clauses 1, 2, and 4 of this Article;

b) The project specified in Clause 3, Article 5 of this Law shall be assigned by the Prime Minister to that locality to act as the competent authority with a total investment ceiling equivalent to a Class B or Class C project under the laws on public investment;

c) Projects applying the BT contract type paid with state budget funds obtained from the auction of land funds and state assets within the management scope of the locality.”

6. Amend, supplement, and abolish some points and clauses of Article 13 as follows:

a) Amend and supplement Point c Clause 1 as follows:

“c) The National Appraisal Council shall appraise the feasibility study report;”

b) Supplement Clause 4a after Clause 4 as follows:

“4a. The procedure for deciding on the investment orientation for PPP projects within the authority of the People's Committee of the province shall be regulated as follows:

a) The unit preparing the PPP project shall prepare the feasibility study report as the basis for submission to the People's Committee of the province for consideration and decision;

b) The appraisal council at the grassroots level or the unit entrusted with the task of appraising the feasibility study report;

c) The appraisal council at the grassroots level or the unit entrusted with the task of appraising shall complete and send the appraisal report to the unit preparing the PPP project;

d) The unit preparing the PPP project shall complete the dossier for submission to the People's Committee of the province for consideration and decision;

đ) The People's Committee of the province shall decide on the investment orientation for the project.”

c) Abolish point d and point đ of Clause 2, point c of Clause 3, and point c of Clause 4 of this Article.

7. Amend and supplement some points and clauses of Article 14 as follows:

a) Amend and supplement Clause 1 as follows:

“1. Ministries, central agencies, other agencies, and the People's Committee of the province shall select suitable projects for investment under the PPP method based on the following conditions:

a) The necessity of investment;

b) Compatibility with the sectors and fields specified in Clause 1 of Article 4 of this Law;

c) Non-repetition with projects that have already been decided on the investment orientation or approved;

d) Advantage over other forms of investment based on factors such as investment preparation costs; ability to attract capital, technology, and management skills from investors; ability to implement the project and fulfill contractual obligations of the competent authority;

đ) Possibility of arranging state capital in cases where the project requires state capital or the possibility of arranging state budget funds, land funds for payment in cases where the BT contract type is applied, paid with state budget funds or land funds.”

b) Amend and supplement points d, đ, and e of Clause 3 as follows:

“d) Preliminary assessment of the economic and social effectiveness of the project; preliminary assessment of environmental impact according to the laws on environmental protection as stipulated for public investment projects;

đ) Preliminary total investment; preliminary financial plan of the project; proposed use of state capital in the project (if applicable); proposed payment method for the investor in cases where the BT contract type is applied, paid with state budget funds or land funds, including specific location, area, and estimated value of the land fund for payment;

e) Proposed PPP contract type; forms of incentives and investment guarantees; mechanism for sharing revenue reduction (if applicable).”

8. Amend and supplement some points and clauses of Article 19 as follows:

a) Amend and supplement Clause 1 as follows:

“1. The unit preparing the PPP project shall prepare the feasibility study report in accordance with the contents stipulated in Clause 2 of this Article. The preparation of the feasibility study report may be carried out during the examination and approval of the investment orientation but must ensure that the project approval is based on the investment orientation decision.”

b) Amend and supplement the opening part of Clause 2 as follows:

“2. Except for the cases specified in Clauses 3 and 4 of this Article, the feasibility study report shall include the main contents as follows:”

c) Amend and supplement point i of Clause 2 as follows:

“i) Economic and social effectiveness of the project.”

d) Supplement Clauses 3, 4, 5, and 6 after Clause 2 as follows:

“3. For projects applying the O&M contract type, the feasibility study report shall include the main contents as follows:

a) The necessity of implementing the project; advantages of applying the O&M contract type compared to other forms of investment; impact of implementing the project through the PPP method on the community within the project area based on feedback from the Provincial People's Council, People's Committee, Vietnam Fatherland Front, and related professional associations in the investment field;

b) Objectives; location; evaluation of the current status of the facility, existing infrastructure system, and equipment;

c) Description of requirements for management, operation, and business of the facility, infrastructure system; quality requirements for products and public services;

d) Contract information, including: contract duration, risk analysis, and risk management measures for the project;

đ) Forms of incentives and investment guarantees;

e) Total investment; financial plan of the project; ability to mobilize capital to implement the project;

g) Economic and social effectiveness of the project.

4. For projects applying the BT contract type without payment requirement, the feasibility study report shall be prepared in accordance with the laws on construction and other relevant laws to ensure that the project meets the conditions for selecting PPP projects as stipulated in points a, b, and c of Clause 1 of Article 14 of this Law.

5. For PPP projects that only require the preparation of an economic and technical investment construction report, the content of the economic and technical investment construction report shall be prepared in accordance with the laws on construction and points a, e, g, h, and i of Clause 2 of this Article.

6. The unit preparing the project shall organize the environmental impact assessment for projects subject to such assessment or for projects required to go through environmental permit procedures in accordance with environmental protection laws. The winning bidder or the PPP project enterprise does not need to conduct an environmental impact assessment when implementing the PPP project contract.”

9. Amend and supplement Clause 2 and Clause 3; add Clause 4 after Clause 3 of Article 21 as follows:

“2. The Minister, the head of central agencies, or other agencies shall approve PPP projects as follows:

a) Projects within the scope of management as stipulated in Clauses 2 and 3 of Article 12 of this Law;

b) Projects applying the O&M contract type within the scope of management;

c) Projects applying the BT contract type without payment requirement proposed by the investor at the Ministry, central agency, or other agencies.”

3. The Chairman of the People's Committee of the province shall approve PPP projects as follows:

a) Projects within the scope of management as stipulated in Clauses 2, 4, and 4a of Article 12 of this Law;

b) Projects applying the O&M contract type within the scope of management;

c) Projects applying the BT contract type without payment requirement proposed by the investor at the local level.”

4. For PPP projects with total investment equivalent to group B or group C projects under the public investment law that do not use state capital as stipulated in Articles 70, 71, and 72 of this Law, the Minister, the head of central agencies, or other agencies, and the Chairman of the People's Committee of the province shall approve the project based on the feasibility study report established and reviewed in accordance with Articles 19 and 20 of this Law.”

10. Amend and supplement Clause 2 of Article 28 as follows:

“2. Depending on the specific conditions of each project, the competent authority shall organize the simultaneous implementation of the following contents:

a) Selecting a shortlist during the preparation of the feasibility study report based on the investment decision;

b) Organizing the preparation of tender documents during the project preparation phase as stipulated in Chapter II of this Law but ensuring that the tender documents are approved based on the investment decision and the project approval decision.”

11. Amend and supplement Clause 3 of Article 42 as follows:

“3. Financial-commercial evaluation shall be based on the comparison and ranking method specified in the tender documents. The comparison and ranking method shall be developed based on financial-commercial evaluation criteria, including one, several, or all of the following criteria:

a) Product or service price standard;

b) State capital support for construction works or infrastructure systems standard;

c) Social benefit or state interest standard;

d) Payment value standard.”

12. Amend and supplement some clauses of Article 45 as follows:

a) Amend the opening sentence of Clause 1 as follows:

“1. The group of contracts applying direct fee collection from users or product or service providers, or other business forms as prescribed by law, includes:”

b) Add Clause 2a and Clause 2b after Clause 2 as follows:

“2a. The BT contract is a contract signed between the competent authority and the investor, or the PPP project enterprise (if any), to construct works or infrastructure systems; after completion, the investor transfers the BT project works to the competent authority.

The BT contract is implemented in the following manner:

a) Payment by land fund recovered according to the land law, land fund managed by state agencies to implement corresponding projects. Land transfer or lease for BT works and corresponding projects is a case of land transfer or lease without land use rights auction or investor selection bidding. Procedures for land transfer or lease shall comply with the land law. The estimated land price of the BT payment fund is calculated based on the land price list at the time of project establishment or tender document preparation. Payment is made through a mechanism compensating the difference between the BT work value and the land fund payment value;

b) Payment from the state budget from public investment funds or state budget revenue from land fund auctions, public assets, and recorded in the state budget. The BT project work value includes the total investment cost for construction determined according to construction laws and other costs after the construction phase, including post-construction loan interest and reasonable investor profit;

c) No payment requirement.

2b. The Government shall provide detailed regulations on points a and b of Clause 2a of this provision.”

13. Amend and supplement Clause 1 and add Clause 1a after Clause 1 of Article 49 as follows:

“1. Except for projects applying the BT contract type without payment requirement, PPP project contracts shall be concluded based on the decision approving the investor selection results, contract negotiation results, valid tender documents, updated investor capacity information at the time of signing, and tender documents. In cases where PPP projects include sub-projects using public investment and are three-stage design projects according to construction laws, the competent authority shall organize the preparation, review, and approval of technical designs and budgets of sub-projects using public investment during the investor selection process to ensure that the contract is concluded based on the approved technical design and budget.

1a. PPP project contracts applying the BT contract type without payment requirement shall be concluded based on the project approval decision and contract negotiation results.”

14. Amend and supplement some clauses of Article 52 as follows:

a) Add Clause 2a and Clause 2b after Clause 2 as follows:

“2a. Investors or PPP project enterprises shall be compensated for costs in the event of contract termination before the following deadlines:

a) Cases as stipulated in points a, b, and d of Clause 2 of this Article and where the contract specifies the responsibility for compensation by the contracting authority;

b) Cases as stipulated in point d of Clause 2 of this Article due to the fault of the contracting authority.

2b. The costs for compensation and termination of the contract before the expiration date for the investor and the PPP project enterprise as stipulated in Clause 2a of this Article must be audited by the State Audit Agency to serve as the basis for payment to the investor and the PPP project enterprise. The contracting agency and the investor, PPP project enterprise may agree to hire an independent auditor to audit these costs.

b) Amend and supplement Clause 6 and add Clause 6a after Clause 6 as follows:

“6. In cases where the PPP project contract is terminated prematurely according to the provisions of Clause 2a of this Article, the procurement funds for acquiring the PPP project enterprise or the compensation and termination costs shall be arranged from state capital in accordance with the law. In cases where the contract is terminated due to the fault of the investor as stipulated in points c and d of Clause 2 of this Article and the contracting agency and the lender select a replacement investor, the original investor shall be responsible for transferring shares or contributions to the replacement investor.

6a. The use of public investment capital for compensation and termination of the contract before the expiration date shall be carried out as follows:

a) In cases where the contract of the PPP project is terminated during the construction phase based on the decision of the competent authority as stipulated in point b of Clause 2 of Article 89, Clause 2 of Article 93, and Clause 3 of Article 94 of this Law, the competent authority establishing the public investment project shall prepare the project budget including the remaining construction investment costs and the costs for compensation and termination of the contract for the investor and the PPP project enterprise. The procedures and formalities for deciding on the investment policy and investment decisions as provided in this point shall be implemented in accordance with the laws on public investment.

In cases where the competent authority decides not to continue investing in or constructing unfinished infrastructure systems, the competent authority shall implement the procedures and formalities for settling accounts with the investor and the PPP project enterprise in accordance with the provisions of point b of this clause;

b) In cases where the contract of the PPP project is terminated during the operation and business phase based on the decision of the competent authority as stipulated in point b of Clause 2 of Article 89, Clause 2 of Article 93, and Clause 3 of Article 94 of this Law, the competent authority shall report to the competent authority to supplement the sources of funds into the medium-term and annual investment plans or to supplement the budget estimates into the central and local government budgets in accordance with the laws on public investment and state budget. The activities specified in this point shall be carried out in accordance with the corresponding procedures and formalities for each source of funds as prescribed by the laws on public investment and state budget.

15. Amend and supplement Clause 1 of Article 57 as follows:

“1. Based on the feasibility study report and the provisions of the PPP project contract, the PPP project enterprise shall carry out one, some, or all of the following tasks:

a) Prepare the detailed design of the construction works and infrastructure systems of the PPP project in accordance with the laws on construction, except in cases stipulated in point c of this clause;

b) Prepare the design of the infrastructure systems of the PPP project in accordance with relevant laws for projects without construction components, except in cases stipulated in point c of this clause;

c) For PPP projects using public investment capital divided into sub-projects, the PPP project enterprise shall prepare the detailed design of the construction works and infrastructure systems funded by the investor; prepare the construction drawings of the works and infrastructure systems of the sub-project funded by public investment based on the approved technical design;

d) For PPP projects using public investment capital allocated to specific items, in addition to the responsibilities stipulated in points a and b of this clause, the PPP project enterprise shall prepare the budget estimate for the items funded by public investment and submit it to the specialized agency on construction in accordance with the laws on construction for projects with construction components or to the specialized agency in accordance with other relevant laws for projects without construction components for review.”

16. Amend and supplement some points and clauses of Article 69 as follows:

a) Amending and supplementing Point b Clause 1 as follows:

“b) Payment to the PPP project enterprise providing public goods and services under the BOT and BLT contracts; payment to the investor and the PPP project enterprise under the BOT contract financed by the state budget;”

b) Amend and supplement Point d of Clause 1 as follows:

“d) Payment for reduced revenue; compensation and termination costs before the expiration date;”

c) Amend and supplement Clause 2; add Clauses 2a and 2b after Clause 2 as follows:

“2. The proportion of state capital participating in the PPP project as stipulated in points a and c of Clause 1 of this Article shall not exceed 50% of the preliminary total investment cost of the project, except in cases stipulated in Clause 2a of this Article.

2a. The proportion of state capital participating in the PPP project exceeding the limit set forth in Clause 2 of this Article but not more than 70% of the preliminary total investment cost of the project in cases where the PPP project meets one, some, or all of the following conditions:

a) The project has costs as stipulated in point c of Clause 1 of this Article exceeding 50% of the preliminary total investment cost;

b) The project is implemented in areas with difficult socio-economic conditions, particularly difficult socio-economic conditions, and requires a higher proportion of state capital than that stipulated in Clause 2 of this Article to ensure the financial feasibility of the project;

c) The project requires the transfer of advanced and new technology from private investors and needs a higher proportion of state capital than that stipulated in Clause 2 of this Article to ensure the financial feasibility of the project.

2b. In cases where the project meets one, some, or all of the conditions stipulated in Clause 2a of this Article, the competent authority shall decide on the investment policy to apply the proportion of state capital participation in the PPP project as follows:

a) For PPP projects not divided into component projects, the proportion of state capital shall not exceed 70% of the preliminary total investment cost of the project;

b) For PPP projects consisting of component PPP projects, the proportion of state capital shall not exceed 70% of the preliminary total investment cost of each component project;

c) For projects divided into component projects including public investment projects and PPP projects, the state capital ratio shall not exceed 70% of the preliminary total investment cost of the PPP project. In cases where compensation, land clearance, support for resettlement, and temporary construction works are separated into independent component projects using public investment funds, the PPP component project shall apply a state capital ratio not exceeding 70% of the preliminary total investment cost when meeting the conditions stipulated in points b and c of Clause 2a of this Article.”

17. Amend and supplement Clause 4 of Article 70 as follows:

“4. State capital supporting the construction of works and infrastructure systems shall be allocated from public investment funds according to the laws on public investment.”

18. Amend and supplement some clauses of Article 73 as follows:

a) Amend and supplement Clause 1 as follows:

“1. Costs for project preparation by competent authorities and units preparing PPP projects; costs for organizing the appraisal by the PPP project appraisal council and units assigned the task of appraising PPP projects; costs for organizing the selection of investors and signing contracts by competent authorities and tendering entities shall be arranged from public investment funds, regular operating expenses, and other lawful sources and included in the total investment cost of the project.”

b) Amend and supplement Clause 3 as follows:

“3. Costs for implementing the project after signing the contract by competent authorities and contracting agencies shall be arranged from the regular operating funds of these agencies and other lawful sources.”

19. Amend and supplement Clause 3 and add Clause 3a after Clause 3 of Article 82 as follows:

“3. The mechanism for sharing revenue reduction as prescribed in Clause 2 of this Article must be determined in the investment decision resolution. Based on the actual situation of the industry and locality regarding the availability of each source of capital and the priority level of budgetary tasks in each period, the competent authority of the project shall determine the feasible source of capital to pay for revenue reduction, report to the competent authority according to the corresponding regulations for each source of capital. The priority order of the sources of capital is as follows:

a) Central government contingency reserve and local government annual contingency reserve for investment development. The procedures for establishing and approving projects using the central government contingency reserve and local government annual contingency reserve for investment development shall be carried out in accordance with the laws on public investment and the laws on state budget;

b) Increased revenue and expenditure savings of the central government budget and increased revenue and expenditure savings of the local government budget for investment development. The procedures for establishing and approving projects using the increased revenue and expenditure savings as prescribed in this point shall be carried out in accordance with the laws on public investment and the laws on state budget;

c) General contingency reserve of the central government and general contingency reserve of the local government in the medium-term investment plan. The procedures for establishing and approving projects using the contingency reserve as prescribed in this point shall be carried out in accordance with the laws on public investment.

Costs for handling the revenue reduction sharing mechanism prescribed in this clause must be stipulated in the project contract.

3a. For projects decided on investment orientation by the National Assembly, the Prime Minister, Ministers, heads of central agencies, and other agencies, priority should be given to using the central government budget to pay for revenue reduction. For projects decided on investment orientation by the People's Councils of provinces and provincial People's Committees, priority should be given to using the local government budget to pay for revenue reduction. For projects implemented in two or more provincial administrative units, the provincial People's Committee designated by the Prime Minister as the unified competent authority responsible for the duty of each locality to pay for revenue reduction in the project investment orientation decision.”

20. Amend and supplement Article 86 as follows:

“Article 86. Supervision by State Management Authorities on Investment under the PPP Model

1. The central state management authority on investment under the PPP model shall carry out supervision over the implementation procedures of PPP projects as stipulated in points a, b, and c, Clause 2, Article 4 of this Law and other projects assigned by the National Assembly and the Prime Minister.

2. The local state management authority on investment under the PPP model shall carry out supervision over the implementation procedures of PPP projects as stipulated in points d, đ, and e, Clause 2, Article 4 of this Law.

21. Amend and supplement Clause 1 of Article 91 as follows:

“1. Issue or submit to competent authorities for issuance of legal normative documents on financial management mechanisms for PPP investment projects, payment and settlement mechanisms for projects applying the BT contract type.”

22. Amend, supplement, and abolish some points and clauses of Article 101 as follows:

a) Amend and supplement Clause 4 as follows:

“4. Except for projects applying the BT contract type, PPP project contracts signed before January 1, 2021 shall continue to be implemented according to the provisions of the project contract; in cases where it is necessary to amend or supplement the contents of the project contract and the laws at the time of signing the contract do not provide such provisions, the parties may agree to amend or supplement according to the provisions of this Law and relevant laws in effect at the time of amending or supplementing the contract.”

b) Abolish point d, Clause 5.

Article 4. Amend and Supplement Some Articles of the Bidding Law

1. Amend and supplement some points and clauses of Article 3 as follows:

a) Amending and supplementing Clause 5 as follows:

“5. For the selection of contractors in projects using official development assistance (ODA) funds, preferential foreign loans under international treaties to which the Socialist Republic of Vietnam is a party (hereinafter referred to as international treaties), and foreign loan agreements, the provisions of such international treaties and loan agreements shall apply. In cases where the international treaty or loan agreement does not provide for or requires the application of Vietnamese law, the provisions of this Law shall apply.

Prior to signing an international treaty or loan agreement that provides for bidding rules different from those provided in this Law, the leading negotiation agency shall report to the Government for consideration and decision on the application according to the provisions of the donor or the international organization to which the Socialist Republic of Vietnam is a member.”

b) Amend and supplement point d, Clause 7 as follows:

“d) Select contractors providing goods, consulting services, non-consulting services to ensure continuity for production and business activities and procurement aimed at maintaining regular operations using production and business capital of state-owned enterprises, enterprises wholly owned by state-owned enterprises; select contractors to implement tender packages under business investment projects as stipulated in Clause 3, Article 2 of this Law; select contractors providing goods, consulting services, non-consulting services directly serving tender packages for which public service organizations have signed contracts;”

2. Amend and supplement point a, Clause 1 of Article 5 as follows:

“a) For domestic contractors and investors: enterprises, cooperatives, cooperative unions, cooperative groups, public service organizations, economic organizations with foreign investment capital, and other organizations registered for establishment and operation in accordance with Vietnamese law. For foreign contractors and investors: registered for establishment and operation in accordance with foreign law;”.

3. Amend and supplement some points and clauses of Article 6 as follows:

a) Amend and supplement point d clause 1 as follows:

“d) Project owners, tenderers, except in cases where the contractor are is a public service organization under a state management authority with functions and tasks suitable to the nature of the tender package of that state management authority and except in cases provided for in Clause 4a of this Article.”

b) Amend and supplement point d, Clause 4 as follows:

“d) Contractors participating in the tender with the consulting firm for that tender package do not have shares or equity contributions from each other; do not jointly hold shares or equity contributions exceeding 20% of another organization or individual, except in cases provided for in Clause 4a of this Article.”

c) Add Clause 4a after Clause 4 as follows:

“4a. Parent companies, subsidiaries, affiliated companies within state-owned economic groups, state-owned corporations may participate in each other's tender packages if the products or services in those tender packages belong to the main production and business sectors of the state-owned economic group or state-owned corporation. For mixed tender packages where a state-owned economic group or parent company, subsidiary, or affiliated company within a state-owned economic group acts as the project owner, tenderer, contractor participating in the tender, and consulting firm preparing, reviewing overall technical design, feasibility study reports (if no overall technical design is prepared), economic and technical reports (if no feasibility study report or overall technical design is prepared in accordance with construction law regulations), they shall not have shares or equity contributions from each other, nor shall they jointly hold shares or equity contributions exceeding 30% of another organization or individual.”

4. Amend and supplement Clause 9 of Article 16 as follows:

“9. Organizations selecting contractors when the source of funds has not been determined as stipulated in Clause 3, Article 39, except in cases of pre-bidding as stipulated in Article 42 of this Law.”

5. Add point e after point đ, Clause 1 of Article 17 as follows:

“e) Cancel the tender in accordance with Clause 5, Article 42 of this Law.”

6. Amend and supplement Clause 1 of Article 19 as follows:

“1. The expert team consists of individuals with competence, experience, and responsibility to perform one or more tasks: prepare tender invitation documents, shortlist invitation documents, tender invitation documents, request documents; evaluate tender interest documents, shortlist tender documents, tender bid documents, proposal documents, registration documents for implementing business investment projects. The establishment of the expert team shall be carried out as follows:

a) The project owner establishes or assigns tasks for selecting contractors;

b) The tender interest inviter, tender inviter establishes or assigns tasks for selecting investors;

c) The consultant unit establishes for cases where consultancy is hired to prepare tender interest invitation documents, shortlist invitation documents, tender invitation documents, request documents; evaluate tender interest documents, shortlist tender documents, tender bid documents, proposal documents, registration documents for implementing business investment projects.”

7. Amend and supplement some points and clauses of Article 23 as follows:

a) Amend and supplement Point c Clause 1 as follows:

“c) A tender package for providing consulting services, non-consulting services, medicines, chemicals, testing materials, medical equipment, spare parts, accessories, means of transportation, construction works, plant protection chemicals, seeds, disinfectants, materials that need to be deployed immediately to serve disease prevention and control work; a tender package for providing consulting services, non-consulting services, goods, and construction works aimed at maintaining the operation of healthcare facilities in emergency situations to avoid harm to people's lives and health; a tender package for purchasing medicines, chemicals, testing materials, medical equipment, spare parts, and accessories when healthcare facilities do not have sufficient medicines, chemicals, testing materials, medical equipment, spare parts, and accessories according to the provisions of the Law on Medical Examination and Treatment; a tender package for purchasing medicines and medical equipment produced by only one manufacturer on the market;”

b) Amend and supplement point g clause 1 as follows:

“g) A tender package for providing consulting services to prepare feasibility studies and design construction projects that are designated for the author of the winning architectural proposal if the author meets the legal requirements for capacity under construction laws; a tender package for construction works, restoration of statues, bas-reliefs, grand paintings, and artistic works associated with copyright from creation to completion; a tender package for providing consulting services to prepare urban and rural planning that is designated for the author of the winning urban and rural planning concept through a competition; a tender package for consulting services for archaeological exploration; a tender package for consulting and construction works for the repair and restoration of national-level, special national-level, and world cultural heritage sites;”

c) Amend and supplement the first part of point m clause 1 as follows:

“m) A tender package within the procurement budget that does not form a project with a tender package value not exceeding VND 300 million; a tender package within a project with a tender package value not exceeding VND 500 million for consulting service tender packages, not exceeding VND 1 billion for non-consulting service, goods, construction works, and mixed tender packages; a tender package for preparing planning tasks with a tender package value not exceeding VND 500 million.”

d) Amend and supplement point a clause 3 as follows:

“a) There is an investment decision approved for the project, except for tender packages for consulting services for project preparation work; there is an approval decision for planning tasks for tender packages for preparing planning and other tender packages serving planning work, except in cases where the tender package needs to be implemented before the approval of the planning task and cases where planning task approval is not required according to the law on planning;”

8. Amend and supplement Article 29 as follows:

“Article 29. Selection of contractors in special cases

1. The selection of contractors in special cases shall apply to tender packages within projects and procurement budgets that have one or more special conditions regarding procedures, criteria for selecting contractors, conditions for signing and implementing contracts, or when implementation requires ensuring national defense, security, diplomacy, border territory, and state political tasks, which cannot be applied using any of the methods of selecting contractors stipulated in Articles 21, 22, 23, 24, 25, 26, 27, and 28 of this Law.

2. The Government shall provide detailed regulations on this matter.”

9. Amend and supplement point a clause 1 of Article 30 as follows:

“a) Open tendering and selective tendering for tender packages providing non-consulting services, purchasing goods, construction works, and mixed packages. In cases where the tender package meets the provisions of point b clause 1 of Article 31 of this Law, the single-stage one-envelope or two-envelope method may be selected;”

10. Amend and supplement point b clause 1 of Article 31 as follows:

“b) Open tendering for international mixed tender packages as stipulated in point b clause 1 of Article 11, selective tendering for tender packages as stipulated in clause 1 of Article 22 of this Law.”

11. Supplement clause 3 after clause 2 of Article 34 as follows:

“3. Selection of investors in special cases.’’

12. Supplement Article 34a after Article 34 as follows:

“Article 34a. Selection of investors in special cases

1. The selection of investors in special cases shall be applied to investment projects for business activities that have one or more specific requirements or conditions regarding investment procedures; land transfer, land lease, marine area transfer procedures; investor selection methods, standards, and project investment business contract contents or national defense, security, foreign relations, border territory interests, and state political tasks that cannot be implemented through the forms of investor selection prescribed in Clause 1 and Clause 2 of Article 34 of this Law.

2. The Government shall provide detailed regulations on this matter.”

13. Amend and supplement Point a, Clause 1, Article 38 as follows:

“a) Decision approving the project and related documents, except in cases where the tender package needs to be implemented before the project approval decision; decision approving the planning assignment and related documents for the tender package of consulting services for planning preparation and other tender packages serving the planning preparation work, except in cases where the tender package needs to be implemented before the planning assignment approval decision and cases where there is no need to approve the planning assignment according to the law on planning. For tender packages that need to be implemented before the project approval decision, the basis shall be the decision of the head of the project owner or the head of the unit entrusted with the task of preparing the project in cases where the project owner has not yet been determined;”

14. Amend and supplement Article 42 as follows:

“Article 42. Pre-bid Procurement

1. Pre-bid procurement involves implementing certain procedures prior to the signing of international treaties, foreign loan agreements for projects using ODA funds, preferential foreign loans, or prior to the approval of the investment project, with the aim of accelerating the implementation progress of the project, except for tender packages that need to be implemented before the project approval decision.

2. Tender packages that can undergo pre-bid procurement include:

a) Tender packages for purchasing goods with clearly defined supply scope and technical requirements;

b) Tender packages for providing consulting, non-consulting services, goods, construction works serving compensation, land clearance, relocation of infrastructure and technical facilities, mine clearance, explosive disposal, planning, and resettlement;

c) Tender packages for project management consulting services for works carried out after the project approval, technical design dossier preparation, construction drawing design dossier preparation, and construction supervision;

d) Tender packages under projects using ODA funds, preferential foreign loans that require pre-bid procurement according to the binding provisions of the financier. In cases where the financier does not specify, tender packages under projects using ODA funds, preferential foreign loans may undergo pre-bid procurement according to Points a, b, and c of this clause.

3. For tender packages specified in Clause 2 of this Article, the procedures to be implemented before the project approval decision or before the signing of international treaties, foreign loan agreements include:

a) Preparation, review, and approval of the bidding plan;

b) Determination of shortlist (if applicable);

c) Preparation, review, and approval of the tender invitation documents;

d) Evaluation of bid documents;

đ) Approval of award, determination of successful bidder.

The contract signing can only be carried out after the project receives investment approval; for tender packages under projects using ODA funds, preferential foreign loans, the contract signing may be carried out before the signing of international treaties, foreign loan agreements according to the provisions of the foreign financier but must be after the project receives investment approval.

4. For tender packages undergoing pre-bid procurement, the bidder is not required to implement the bid guarantee measures stipulated in Article 14 of this Law but must commit in the bid documents about their responsibility to participate in the bidding.

5. The tender invitation documents, prequalification documents, and tender invitation documents must clearly define the responsibilities of the bidder and the project owner in conducting pre-bid procurement according to the provisions of this Article.

If the project is not approved or the international treaty, foreign loan agreement is not signed and no alternative funding sources can be arranged, the project owner may cancel the tender without having to compensate the bidder's costs related to participating in the bidding.

6. The project owner, the head of the unit entrusted with the task of preparing the project may form a tender package including one or several works: construction survey, preparation of preliminary feasibility study report or investment proposal report, detailed construction planning report, feasibility study report, economic and technical report, technical design dossier preparation, construction drawing design dossier preparation, and construction supervision to organize the selection of contractors. Works for technical design dossier preparation, construction drawing design dossier preparation, and construction supervision can only be carried out after the project receives investment approval.

7. Activities stipulated in this Article shall be conducted according to the procedures and formalities prescribed in Clause 1 of Article 43 of this Law. The preparation of the bidding plan for pre-bid tender packages does not need to base on the contents prescribed in Clause 1 of Article 38 of this Law.”

15. Amend and supplement Point d, Clause 1, Article 43 as follows:

“d) Contract negotiation for tender packages providing consulting services.

For tender packages for purchasing goods, construction works, non-consulting service tenders subject to international competitive bidding, mixed tenders, and restricted bidding as prescribed in Clause 1, Article 22 of this Law, if necessary, the tenderer may negotiate contracts with the first-ranked bidder;”

16. Amend and supplement Point b and Point đ, Clause 1, Article 45 as follows:

a) Amend and supplement Point b as follows:

“b) The minimum time for preparing bid documents for open bidding and restricted bidding is 18 days for domestic bidding and 35 days for international bidding from the first day the tender invitation documents are issued to the closing date; for construction works, mixed tender packages with a contract value not exceeding 20 billion VND, goods procurement, non-consulting service tender packages with a contract value not exceeding 10 billion VND, the minimum time for preparing bid documents is 9 days for domestic bidding and 18 days for international bidding; for simple consulting tender packages or consulting tender packages with a value not exceeding 500 million VND or urgent consulting tender packages that need to be implemented immediately due to schedule requirements, the minimum time for preparing bid documents is 7 days for domestic bidding;”

b) Amend and supplement Point đ as follows:

"d) The amendment of the tender invitation documents shall be carried out at least 10 days before the closing date of the tender; for construction and installation packages with a package value not exceeding 20 billion VND, mixed packages with a package value not exceeding 20 billion VND, procurement packages for goods and non-advisory services with a package value not exceeding 10 billion VND, simple advisory packages or advisory packages with a value not exceeding 500 million VND or urgent advisory packages that need to be implemented immediately due to schedule requirements, the amendment of the tender invitation documents shall be carried out at least three working days before the closing date of the tender. The amendment of the request for interest documents and the request for preliminary qualification documents shall be carried out at least three working days before the closing date of the tender."

17. Amend and supplement Clause 2 of Article 55 as follows:

"2. For the purchase of medicines and medical equipment for retail sale at pharmacies within the premises of public health facilities, and the purchase of vaccines for vaccination under service form, health facilities may decide on procurement based on ensuring transparency, economic efficiency, and accountability."

18. Amend and supplement Point a of Clause 3 of Article 58 as follows:

"a) The method combining technology and price may be applied to the packages specified in Point b of Clause 1 of Article 31 of this Law;"

19. Amend and supplement Clause 4 and Clause 10 of Article 78 as follows:

a) Amend and supplement Clause 4 as follows:

"4. Decision to establish the tenderer with personnel meeting the requirements for implementing the selection of contractors; if the personnel do not meet the requirements, then select an advisory contractor to act as the tenderer or perform some tasks of the tenderer. Decision to establish a specialized team in accordance with Article 19 of this Law in cases where no advisory unit is hired to prepare the request for interest, the request for preliminary qualification, the tender documents, or the request for proposal; evaluate the interest documents, preliminary qualification documents, tender documents, or proposal documents."

b) Amend and supplement Clause 10 as follows:

“10. Cancel the tender in cases provided for in Point a and Point e of Clause 1 of Article 17 of this Law."

20. Repeal Point b of Clause 1 of Article 79.

21. Replace the phrase "foreign concessional loan capital" with the phrase "foreign concessional capital" in the name of Article 3, Point a of Clause 7 of Article 3, Point d of Clause 1 of Article 38, and Clause 3 of Article 39.

Article 5. Implementation Provisions

1. Repeal Article 39 and Article 40 of the Law on the Capital City No. 39/2024/QH15.

2. This Law shall take effect from January 15, 2025, except for the cases provided for in Clause 3 and Clause 4 of this Article.

3. The implementation of BT contracts paid with land funds and BT contracts paid with state budget funds as stipulated in Point b of Clause 12 of Article 3 of this Law shall take effect from July 1, 2025.

4. The provisions in Point a of Clause 19 and Clause 20 of Article 1; Clause 2 of Article 2; Points b, c, and d of Clause 11 of Article 2 of this Law shall take effect from July 1, 2025.

Article 6. Transitional provisions

1. Transitional provisions for the amended and supplemented Planning Law as follows:

a) Funds allocated for planning activities prior to the effective date of this Law shall continue to be used in accordance with the relevant laws at the time of allocation;

b) Planning projects currently being adjusted according to Resolution No. 61/2022/QH15 dated June 16, 2022 of the National Assembly and have been sent for comments from ministries, ministerial-level agencies, and related agencies before the effective date of this Law shall continue to be adjusted in accordance with Resolution No. 61/2022/QH15 dated June 16, 2022 of the National Assembly;

c) Plans for the implementation of national sectoral planning and provincial planning submitted to the Prime Minister before the effective date of this Law but not yet issued shall be reviewed and issued by the ministries, ministerial-level agencies, and provincial people's committees in accordance with Clause 17 and Clause 18 of Article 1 of this Law.

In cases where it is necessary to adjust plans for the implementation of national sectoral planning and provincial planning already approved by the Prime Minister before the effective date of this Law, adjustments shall be made in accordance with Clauses 12, 17, and 18 of Article 1 of this Law;

d) In cases where resolutions of the National Assembly, the Standing Committee of the National Assembly, the Government, or resolutions of the People's Councils at the provincial level change one or more contents of national-level planning, regional planning, and provincial planning for the period 2021-2030, which were decided or approved by competent authorities before the effective date of this Law regarding phased implementation, parameters, and information without changing the viewpoints and objectives of the planning, such changes shall be made through simplified procedures as stipulated in Clause 16 of Article 1 of this Law.

2. Transitional provisions for the amended and supplemented Investment Law as follows:

a) From the effective date of this Law, valid applications for approval and adjustment of investment orientation for construction and operation projects of industrial zones and export processing zones; new construction port projects and port area projects with an investment capital below 23,000 billion VND belonging to special seaports; investment projects complying with the regulations on cultural heritage regardless of the scale of land area and population within the protection zones I and II of recognized national and special national heritage sites, except for the protection zone I of special national heritage sites included in the World Heritage List, which were received but not yet responded to before the effective date of this Law shall be handled as follows:

a.1) In cases where the project has been submitted to the Prime Minister for consideration and approval or adjustment of investment orientation before the effective date of this Law, it shall continue to be implemented in accordance with the Investment Law No. 61/2020/QH14, as amended and supplemented by Laws No. 72/2020/QH14, No. 03/2022/QH15, No. 05/2022/QH15, No. 08/2022/QH15, No. 09/2022/QH15, No. 20/2023/QH15, No. 26/2023/QH15, No. 27/2023/QH15, No. 28/2023/QH15, No. 31/2024/QH15, No. 33/2024/QH15, and No. 43/2024/QH15 (hereinafter referred to as the Law No. 61/2020/QH14).

For projects that have not met the requirements and conditions for approval and adjustment of investment orientation as stipulated in Law No. 61/2020/QH14, the Ministry of Planning and Investment shall transfer the project dossier, review opinions, and review reports to the provincial People's Committee for handling according to the authority prescribed in this Law based on the Prime Minister’s opinion.

a.2) In cases where the project has not been submitted to the Prime Minister for consideration and approval or adjustment of investment orientation before the effective date of this Law, the Ministry of Planning and Investment shall transfer the project dossier and review opinion (if any) to the provincial People's Committee for handling according to the authority prescribed in this Law.

a.3) The provincial People's Committee may continue to use the project dossier, review opinions, and review reports to consider and approve or adjust the investment orientation in the cases specified in subpoint a.1 and subpoint a.2 of point a of this clause.

b) For projects investing in construction and operation of industrial zones, export processing zones, new port construction projects, port areas belonging to special seaports, and projects located within the protection zone of relics which have been approved for investment orientation by the Prime Minister before the effective date of this Law and now fall under the provincial People's Committee's authority for approval of investment orientation as provided in Clause 5, Article 2 of this Law, the provincial People's Committee shall be the competent authority to approve and adjust the investment orientation.

c) For projects falling under the objects prescribed in Clause 8, Article 2 of this Law which have been approved for investment orientation or issued with Investment Registration Certificates before the effective date of this Law, investors may choose to apply for special investment procedures as follows:

c.1) Investors submit the investment registration dossier as prescribed in Clause 8, Article 2 of this Law along with a report on the implementation status of the project up to the submission date to the management board of industrial zones, export processing zones, high-tech zones, and economic zones.

In cases where the investment project includes multiple phases, investors may choose to apply for special investment procedures for each phase.

c.2) The management board of industrial zones, export processing zones, high-tech zones, and economic zones shall implement the corresponding procedures as prescribed in Clause 8, Article 2 of this Law to issue Investment Registration Certificates or replace Investment Registration Certificates in cases where the project has already been issued with Investment Registration Certificates.

c.3) The Investment Registration Certificate shall record the contents of the investment project registered as prescribed in subpoint c.1 of point c of this clause.

Investors may proceed with the investment project according to the Investment Registration Certificate issued or replaced as prescribed in subpoint c.2 of point c of this clause.

d) For projects that have been decided on investment orientation, approved for investment orientation, or approved for investment, and issued with Investment Registration Certificates before the effective date of this Law, the two-year period for the Investment Registration Authority to terminate or partially terminate the operation of the investment project as stipulated in Clause 10, Article 2 of this Law shall be calculated from January 15, 2025 if the deadline for completing the main operational objectives of the project as stated in the decision on investment orientation, approval of investment orientation, approval of investment, Investment Registration Certificate, or amended decision on investment orientation, approval of adjusted investment orientation, or amended Investment Registration Certificate is before January 15, 2025.

3. Transitional provisions for amendments and supplements to the Law on Investment under Public-Private Partnership (PPP) are as follows:

a) For PPP projects that have organized the preparation of feasibility study reports or adjusted feasibility study reports but have not yet submitted them for review or established a Review Board by the effective date of this Law, the authority, procedures, and processes for preparing projects or adjusting investment orientations shall be carried out in accordance with this Law. If a Review Board has been established and the task of reviewing investment orientation has been initiated, the process, procedures, and authority for reviewing and deciding on investment orientation or adjusting investment orientation shall continue to be implemented according to the laws on investment under PPP in effect before the effective date of this Law.

b) For PPP projects that have been decided on investment orientation by the Prime Minister and are organizing the preparation of feasibility study reports or adjusted feasibility study reports but have not yet submitted them for review or established a Joint Review Board by the effective date of this Law, the authority, procedures, and processes for approving projects or adjusting feasibility study reports shall be carried out in accordance with this Law. If a Joint Review Board has been established and the task of reviewing feasibility study reports has been initiated, the process, procedures, and authority for reviewing and approving projects or adjusting feasibility study reports shall continue to be implemented according to the laws on investment under PPP in effect before the effective date of this Law.

c) For PPP projects that have been decided on investment orientation and approved by the competent authority but have not yet organized the selection of investors by the effective date of this Law, they may be reviewed and adjusted for investment orientation or adjusted feasibility study reports to apply the provisions of this Law.

d) For PPP projects being implemented in accordance with the provisions of Resolution No. 98/2023/QH15 dated June 24, 2023 of the National Assembly on piloting certain special mechanisms and policies for the development of Ho Chi Minh City, Resolution No. 136/2024/QH15 dated June 26, 2024 of the National Assembly on organizing urban administration and piloting certain special mechanisms and policies for the development of Da Nang City, and Resolution No. 137/2024/QH15 dated June 26, 2024 of the National Assembly on supplementing the pilot of certain special mechanisms and policies for the development of Nghe An Province, the People's Council at the provincial level shall decide to continue implementing the PPP project under these Resolutions or apply the provisions of this Law. In case of deciding to apply the provisions of this Law, the transitional application shall be made in accordance with Points a, b, and c of this Clause to continue implementing the project.

4. Transitional provisions for amended and supplemented Auction Law regulations are as follows:

a) Tender packages for which the tenderer selection has been approved and tender documents have been issued before the effective date of this Law shall continue to organize shortlisting, tenderer selection, contract signing, and contract implementation management in accordance with the Auction Law No. 22/2023/QH15 and detailed and guiding documents;

b) For tender packages that have had the tenderer selection plan approved but have not yet issued tender invitation documents, preliminary tender invitation documents, tender invitation documents, or request documents by the effective date of this Law, and if the approved tenderer selection plan does not comply with this Law, then adjust and approve the tenderer selection plan to comply with the provisions of this Law.

This Law was passed by the Eighth Session of the Fifteenth National Assembly of the Socialist Republic of Vietnam on November 29, 2024.