New regulations on the authority and procedures for approving PPP projects.

New regulations on the authority and procedures for approving PPP projects - Image 1.

The approval of PPP projects falls under the authority of the head of the competent agency.

The decree clearly outlines new regulations on the procedures for deciding on investment policies for PPP projects and the authority and process for approving PPP projects, in order to align with the new regulations on the decentralization of authority for deciding on investment policies in the Law on Investment under the PPP method.

Procedures for deciding on investment policies for PPP projects.

Specifically, Decree 243/2025/ND-CP stipulates that the dossier, procedures, and content for appraising pre-feasibility study reports of PPP projects under the authority of the National Assembly to decide on investment policies shall be implemented in accordance with the Government's regulations on the procedures for appraising nationally important projects.

The procedure for deciding on the investment policy for a PPP nuclear power plant project is as follows:

a- The unit preparing the PPP project shall prepare a pre-feasibility study report as a basis for ministries, central agencies, other agencies, and provincial People's Committees to submit to the Prime Minister ;

b) The Prime Minister shall establish a State Appraisal Council or assign a lead agency to appraise the pre-feasibility study report in accordance with the law on public investment;

c) The State Appraisal Council or the agency in charge of appraising the pre-feasibility study report shall prepare an appraisal report and submit it to the Prime Minister for consideration and decision;

d- The Prime Minister decides on the investment policy for the project.

The procedure for deciding on investment policies for PPP projects falls under the authority of the Minister, the head of a central agency, other agencies, the Provincial People's Council, and the Provincial People's Committee.

a- The unit preparing the PPP project shall prepare a report proposing the investment policy and submit it to the Minister, head of the central agency, other agencies, or the People's Committee of the province for consideration and decision;

b) Ministers, heads of central agencies, other agencies, and chairpersons of provincial People's Committees shall assign a subordinate unit to carry out the task of appraising investment policy proposals;

c- The project appraisal unit prepares an appraisal report and submits it to the PPP project preparation unit;

d) The unit preparing the PPP project completes the dossier and submits it to the Minister, the head of the central agency, other agencies, and the People's Committee of the province;

d) Ministers, heads of central agencies, and other agencies shall decide on the investment policy for projects within their scope of management as prescribed in Clause 3, Article 12 of the PPP Law;

e) The Provincial People's Committee shall submit to the Provincial People's Council for decision the investment policy for projects under its management as stipulated in Clause 4, Article 12 of the PPP Law, or decide on the investment policy for projects under its management as stipulated in Clause 5, Article 12 of the PPP Law.

The Decree clearly states that, for projects stipulated in Clause 3, Article 11 of the PPP Law that require the investment policy decision procedure to serve as the basis for deciding on the policy to change the land use purpose of rice land according to the law on land, deciding on the policy to change the land use purpose of forest land according to the law on forestry, and carrying out other procedures according to relevant laws, the preparation and appraisal of the investment policy proposal report and the investment policy decision shall be carried out according to the regulations on the investment policy decision procedure for PPP projects under the authority of the Minister, the head of a central agency, other agencies, the Provincial People's Council, and the Provincial People's Committee.

For PPP projects under the management of multiple competent authorities that require the use of state capital, the People's Committees of the provinces shall report to the Provincial People's Councils before agreeing on assigning one locality as the competent authority as prescribed . In cases where the funds for compensation, land clearance, support, resettlement, and support for the construction of temporary structures are allocated from the local budgets of each locality, the People's Committees of the provinces shall agree and report to the Provincial People's Councils on dividing the project into component projects for compensation, land clearance, support, resettlement, and support for the construction of temporary structures, for each locality to implement in accordance with the law on public investment.

Authority and procedures for approving PPP projects

Decree 243/2025/ND-CP stipulates that the approval of PPP projects falls under the authority of the head of the competent agency, including:

- Ministers, heads of central agencies, other agencies, and chairpersons of provincial People's Committees approve PPP projects in accordance with Clauses 1 and 2 of Article 21 of the PPP Law;

According to Clause 2, Article 6 of Decree 243/2025/ND-CP: Agencies, organizations, and units under or directly under ministries, central agencies, other agencies, provincial People's Committees; commune People's Committees; and public service units under the management of provincial People's Committees are the competent authorities for one of the following projects:

a) PPP projects with a total investment equivalent to Group B or Group C projects as defined by the law on public investment;

b) The project applies an O&M contract type;

c) Projects not covered by points a and b of this clause that are assigned by the Minister, head of a central agency, other agency, or Chairman of the Provincial People's Committee as the competent authority.

- The head of the agency, organization, or unit specified in Clause 2, Article 6 of Decree 243/2025/ND-CP is authorized to approve projects for which their agency, organization, or unit is the competent authority.

The PPP project approval process is as follows:

a- The unit preparing the PPP project shall prepare a feasibility study report and an economic-technical report on investment and construction as a basis for submission to the head of the competent authority for consideration and decision;

b) The project appraisal unit organizes the appraisal of the feasibility study report and sends it to the unit preparing the PPP project;

c) The unit preparing the PPP project completes the dossier and submits it to the head of the competent authority;

d- The head of the agency authorized to approve the project.

The above regulations will take effect from September 11, 2025.

Phuong Nhi

Source: https://baochinhphu.vn/quy-dinh-moi-ve-tham-quyen-trinh-tu-phe-duyet-du-an-ppp-102250912092726749.htm