New regulations on projects applying Build-Transfer contracts

(Chinhphu.vn) - Deputy Prime Minister Ho Duc Phoc signed and issued Decree No. 257/2025/ND-CP dated October 8, 2025 of the Government detailing the implementation of projects applying the Build-Transfer contract type.

The contracting agency is responsible for managing and supervising the quality of BT project works according to regulations.

BT project implementation process

1. For BT projects under the investment policy decision authority of the National Assembly , the implementation process is as follows:  

a) Prepare and appraise pre-feasibility study reports and submit them to the National Assembly for decision on investment policies;

b) Prepare and appraise feasibility study reports and approve projects;

c) Select investors; prepare, appraise and approve technical designs (in case of three-step design) or construction drawing designs (in case of two-step design) and estimates; sign and execute project contracts.

2. For BT projects paid by state budget or BT projects combined with payment by land fund and state budget, except for projects specified in Clause 1 and Clause 4, the implementation process is as follows:

a) Prepare and appraise investment proposal reports and decide on investment policies;

b) Prepare and appraise feasibility study reports or construction investment economic -technical reports for BT projects in cases where construction investment economic-technical reports are required; approve projects;

c) Select investors; prepare, appraise and approve technical designs (in case of three-step design) or construction drawing designs (in case of two-step design) and estimates; sign and execute project contracts.

3. For BT projects paid by land fund, except for projects specified in Clause 1 and Clause 4, the implementation process is as follows:

a) Prepare and appraise feasibility study reports or construction investment economic-technical reports for BT projects in cases where construction investment economic-technical reports are required; approve projects;

b) Select investors; prepare, appraise and approve technical designs (in case of three-step design) or construction drawing designs (in case of two-step design) and estimates; sign and execute project contracts.

4. For BT projects paid by land fund proposed by investors in cases of investor designation according to the provisions of the Law on Investment under the public-private partnership method, except for projects specified in Clause 1 above, the implementation process is as follows:

a) The investor proposes the project, prepares a feasibility study report with a capacity profile and draft contract;

b) The competent authority shall organize the appraisal of the feasibility study report, approve the project and the results of investor appointment, draft contract; technical design (in case of three-step design) or construction drawing design (in case of two-step design) and estimate;

c) Signing and implementing project contracts.

5. The competent authority shall carry out the procedures for appraisal and approval of the technical design (in case of three-step design) or construction drawing design (in case of two-step design) and cost estimates of the BT project specified in Point c, Clause 1, Point c, Clause 2, Point b, Clause 3, Point b, Clause 4 above at the same time as the investor selection process, but must ensure that the BT project contract is signed on the basis of the approved design and cost estimates.

6. In case the BT project specified in Clause 3 and Clause 4 above needs to carry out the procedure of deciding on investment policy as a basis for deciding on the policy of changing the purpose of using rice land according to the provisions of the law on land, deciding on the policy of changing the purpose of using forest land according to the provisions of the law on forestry and carrying out other procedures according to the provisions of relevant laws, then prepare and appraise the report proposing the investment policy, decide on the investment policy according to the provisions of Point a, Clause 2 of this Article. The authority to decide on the investment policy of the BT project in this case is implemented as prescribed for BT projects paid by the state budget.

Form of investor selection

According to the Decree, the forms of selecting investors to implement BT projects include:

a1- Open bidding as prescribed in Article 37 of the Law on Investment under the public-private partnership method.

b1- Competitive negotiations as prescribed in Article 38 of the Law on Investment under the public-private partnership method.

c1- Designate investors according to the provisions of Article 39 of the Law on Investment under the public-private partnership method and the provisions (*) below.

d1- Selection of investors in special cases according to the provisions of Article 40 of the Law on Investment under the public-private partnership method and the provisions (* *) below.

The competent authority decides to apply one of the above forms of investor selection, ensuring the selection of an investor with sufficient capacity to implement the BT project, meeting the requirements on progress, quality and investment efficiency of the project.

The Decree clearly states: Projects that need to accelerate progress, promote socio-economic development, ensure national interests as proposed by investors and approved by competent authorities in cases of investor designation as prescribed in Point d, Clause 1, Article 39 of the Law on Investment under the public-private partnership method include: (*)

The project needs to be implemented to prevent, immediately remedy or promptly handle consequences caused by natural disasters, fires, unexpected accidents, incidents, catastrophes or other force majeure events.

National key projects are applied the form of investor designation according to the resolution of the National Assembly.

Railway projects according to the provisions of the law on railways.

The project is subject to investor designation according to the provisions of law on industry and sector management.

Investment projects in construction of works and infrastructure systems need to be accelerated to serve national and provincial celebrations and events.

In other cases, it is necessary to apply the form of investor designation to meet the requirements on project progress, quality and investment efficiency.

According to the Decree, projects applying the form of investor selection in special cases prescribed in Clause 1, Article 40 of the Investment Law under the public-private partnership method include: (**)

Projects that require ensuring national interests and carrying out national political tasks are implemented according to the direction in resolutions, conclusions, and directive documents of the Party Central Committee, the Politburo, the Secretariat, and key leaders of the Party and State.

Projects in strategic fields, key and important national development investment projects in the fields of science, technology and innovation that require ordering and assignment of tasks.

Projects with urgent requirements must be implemented immediately to ensure completion of progress according to the direction of the Government's resolutions, decisions, directives, documents notifying opinions of Government leaders, resolutions of the Party Executive Committees of provinces and centrally run cities, documents notifying opinions and conclusions of the Standing Committees of provinces and centrally run cities, and resolutions of the People's Councils of provincial level.

The project requires immediate implementation to ensure connection and synchronization of technical infrastructure between projects under the project according to the direction of the National Assembly's resolutions, the Government's resolutions, decisions, directives, and documents notifying opinions of Government leaders to meet the requirements for effective management, exploitation, and synchronous and continuous operation of projects.

The project belongs to the industry or field serving the goal of ensuring social order and safety according to the provisions of law on public investment.

Offshore wind power projects under the provisions of the law on electricity, if applying the forms of investor selection specified in points a1, b1 and c1 above, do not meet the requirements for project implementation.

The project has other special conditions that, if applied, do not meet the requirements for project implementation by applying the forms of investor selection specified in points a1, b1 and c1 above.

BT project implementation

The Decree stipulates that investors and project enterprises (if any) shall organize the implementation of investment and construction of BT projects in accordance with the provisions of the contract and the laws on construction, land, and relevant laws.

The contracting agency shall perform the responsibility of managing and supervising the quality of BT project works as prescribed in Clause 2, Article 59 of the Law on Investment under the public-private partnership method.

Transfer of BT project works

According to the Decree, after the BT project is accepted and qualified for exploitation and use according to the provisions of the law on construction, the investor and project enterprise (if any) shall prepare a dossier requesting the transfer of the BT project to the competent authority.

The competent authority shall assign the contracting agency to sign the asset transfer acceptance record and prepare a record and report to the competent authority to determine the agency or unit assigned to manage, operate and maintain the BT project.

In case of needing to inspect the quality of BT project works, the contracting agency may hire a quality inspection consultant according to the provisions of Clause 3, Article 59 of the Law on Investment under the public-private partnership method.

Within 30 days from the date of receiving the transfer request dossier, the project contracting agency shall preside over and coordinate with the specialized state management agency on assets, the financial agency and other relevant agencies (if necessary) to perform the following tasks: Organize the appraisal of the quality, value and status of the BT project works according to the principles and conditions agreed upon in the project contract; make a list of transferred assets; make a record of determining damage to assets (if any) to request the investor and project enterprise (if any) to repair and maintain the assets; in case the BT project works meet the requirements, the contracting agency shall sign the record of receiving the transfer of assets.

At least 90 days before the date of acceptance of completion of the BT project according to the deadline specified in the contract, the contracting agency shall prepare a plan to receive the BT project.

Agencies and units assigned to manage, operate and exploit BT project works.

In case there is a request to transfer one or several parts or items of a BT project according to the provisions of law, the investor and project enterprise (if any) shall transfer the parts or items of the project according to the provisions.

Minh Hien

Source: https://baochinhphu.vn/quy-dinh-moi-ve-du-an-ap-dung-hop-dong-xay-dung-chuyen-giao-102251004141442761.htm