Perspective of Phan Thiet Airport. |
The Government Office has just issued Official Dispatch No. 9014/VPCP-CN to the Minister of Finance, the Minister of Construction and the Chairman of Lam Dong Provincial People's Committee conveying the direction of Deputy Prime Minister Tran Hong Ha on the investment in the Phan Thiet Airport Project - Civil Aviation Category.
Official dispatch No. 9014 clarified the authority to terminate PPP project contracts; decide on investment policies, adjust investment policies of PPP projects and investment projects according to the Investment Law.
Specifically, Clause 3, Article 94 of the PPP Law, amended and supplemented by Clause 32, Article 2 of Law No. 90/2025/QH151, stipulates: "Duties of competent authorities: Decide to terminate or suspend PPP project contracts for projects under their authority to sign contracts".
Clause 4, Article 12 of the PPP Law, amended and supplemented by Clause 7, Article 2 of Law 90/2025/QH15, stipulates: "The Provincial People's Council decides on the investment policy of the following PPP projects: Group A projects according to the provisions of the law on public investment using state capital under the management scope of the locality".
Clause 1, Article 32 of the Investment Law, amended and supplemented at Point a, Clause 8, Article 6 of Law No. 90/2025/QH15 stipulates that "The Provincial People's Committee approves the investment policy for the following projects: h) New construction investment projects: airports; runways of airports; passenger terminals of international airports; cargo terminals of airports with a capacity of 1 million tons/year or more".
Pursuant to the above provisions, the authority to terminate the project contract, the authority to decide on investment policies and adjust investment policies for the Phan Thiet Airport Project - Civil Aviation Category is the People's Council and People's Committee of Lam Dong province.
The Deputy Prime Minister assigned the People's Committee of Lam Dong province to, based on the above legal provisions, terminate the project contract, approve the investment policy, and approve the adjustment of the investment policy of the Phan Thiet Airport Project - Civil Aviation Category according to its authority and in compliance with legal provisions.
"The Ministry of Finance and the Ministry of Construction, according to their assigned functions and tasks, will coordinate and guide the People's Committee of Lam Dong province in the implementation process," the Deputy Prime Minister assigned the task.
Previously, Lam Dong Provincial People's Committee issued Official Dispatch No. 2709/UBND-XDCT requesting the Prime Minister to allow the termination of the BOT investment form under the PPP Law and switch to the investment form under the Investment Law for the Phan Thiet Airport Project - Civil Aviation Category.
Lam Dong Provincial People's Committee said that the conversion from BOT form to investment form according to the Investment Law will bring many benefits to the Phan Thiet Airport Project - Civil Aviation Category such as: shortening the time to carry out investment procedures from 8 - 10 months to 2 - 5 months; more flexible capital mobilization ability...
Besides, if implemented under the BOT contract, after 47 years the investor must hand over the Phan Thiet Airport Project - Civil Aviation Category to the state for operation and use.
Meanwhile, investment under the Investment Law, the project's operating period is not more than 50 years, but based on the province's planning and needs, the investor can apply for an extension or hand over the project to the State for operation and exploitation. This helps increase the project's attractiveness in attracting investors.
Phan Thiet Airport consists of two main parts: the military part invested by the Ministry of National Defense, completed and put into operation since the end of 2023; the civil aviation part has a total investment of VND 5,077 billion, implemented in the form of BOT.
Up to this point, the Phan Thiet Airport Project - Civil Aviation Category has not been implemented as planned.
Source: https://baodautu.vn/chi-dao-moi-cua-lanh-dao-chinh-phu-ve-du-an-cang-hang-khong-phan-thiet-d393181.html
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