We need to change our mindset and approach to resolving the obstacles in BOT (Build-Operate-Transfer) transportation projects.

According to the Announcement, the Standing Committee of the Government welcomes and highly appreciates the efforts of the Ministry of Transport in developing and preparing the plan to address difficulties and obstacles in some BOT transport projects. These difficulties and obstacles for some BOT transport projects have arisen and persisted for many years. The National Assembly, the Government, and the Prime Minister have issued numerous directives to the Ministry of Transport and other agencies and units to promptly find solutions.

In Directive No. 27-CT/TW dated May 25, 2023, the Politburo requested a plan to definitively resolve long-standing issues in projects, including those under the BOT (Build-Operate-Transfer) contract model, which serves as the political basis for developing the Plan. This issue impacts many stakeholders and related parties; addressing difficulties and obstacles will unlock investment capital for the development of transportation infrastructure through the PPP (Public-Private Partnership) model and improve the investment environment.

The announcement emphasized: The Ministry of Transport is required to fully incorporate the opinions of the Standing Committee of the Government, the statements of agencies at the meeting, and the written comments from relevant ministries and agencies; review the directives of Deputy Prime Minister Tran Hong Ha to update, supplement, and finalize the Project, paying attention to several points.

Review and ensure the correct and full implementation of the opinions of the Standing Committee of the National Assembly in Notice 1834 dated November 28, 2022, from the Secretary General of the National Assembly; coordinate with localities with proposed BOT projects to thoroughly review and assess the difficulties and obstacles of these projects; provide complete information for projects requiring handling where localities have the authority; review the provisions of BOT contracts to specifically determine the subjective and objective responsibilities of the relevant parties; concretize the benefits and effectiveness of the projects in the past... and on that basis propose appropriate solutions.

The Politburo has requested a definitive resolution of long-standing issues in projects, including those implemented under the BOT (Build-Operate-Transfer) contract model.

The Ministry of Transport and local authorities need to change their mindset and approach. They should research and make maximum use of regulations and tools under the authority of the Government, the Prime Minister, ministries, and local authorities, primarily focusing on the responsibilities and authority of the Ministry of Transport and local authorities, to find specific solutions for each project; only proposing the allocation of state budget funds to competent authorities when other solutions are not feasible.

If it is absolutely necessary to submit a Resolution to the National Assembly, consideration should be given to completed projects that cannot have toll stations installed, prioritizing proposals for mechanisms and policies to diversify resources and reduce the use of state capital in handling these projects. Simultaneously, the application period, number, and specific list of projects must be clearly defined; focusing on projects with clearly identified and quantifiable difficulties and obstacles; and carefully assessing the impact of proposed mechanisms and solutions to ensure that no precedents are set, and that policies are not exploited for personal gain, causing losses, waste, or group interests.

Ensuring a balance of interests between the state, investors, and BOT project enterprises.

The Standing Committee of the Government requested the Ministry of Transport to coordinate with the State Bank of Vietnam to work with investors and credit providers on the principle of ensuring a harmonious balance of interests between the state, investors, BOT project enterprises, and capital providers. These parties must share the risks, find solutions to restructure loans, reduce interest rates, and adjust repayment plans accordingly.

In cases where a proposal is made to use state budget funds to pay investors upon early termination of a contract, the value of the state's responsibility to pay, the source of funding, and the decision-making authority must be clearly defined; the parties are responsible for sharing risks to the maximum extent possible according to the principle of "harmonious benefits, shared risks" (the Ministry of Transport and the State Bank of Vietnam will work with the investor, enterprise, and capital providers to negotiate in a way that excludes equity profit and interest from the proposed payment value).

In the long term, the Ministry of Planning and Investment should take the lead, in coordination with the Ministry of Transport, in the process of amending the Law on Investment under the Public-Private Partnership method, to research appropriate solutions to address investment projects under the public-private partnership method that have the potential to cause difficulties and obstacles.

Deputy Prime Minister Tran Hong Ha instructed the Ministry of Transport and other relevant ministries and agencies to finalize the project proposal, ensuring its quality and persuasiveness before submitting it to the competent authorities for consideration and decision .

Source: https://www.nguoiduatin.vn/phai-thay-doi-cach-nghi-cach-lam-de-xu-ly-vuong-mac-bot-giao-thong-a669579.html