New regulations on project implementation applying Build-Transfer contracts

Specifically, for BT projects under the investment policy decision authority of the National Assembly , the implementation process is as follows:

Prepare and appraise pre-feasibility study reports, submit to the National Assembly for decision on investment policy; Prepare and appraise feasibility study reports, approve projects; 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.

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:

Prepare and appraise investment proposal reports and investment policy decisions; Prepare and appraise feasibility study reports or construction investment economic -technical reports for BT projects in cases of preparing construction investment economic-technical reports; Approve projects; 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.

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

Prepare and appraise feasibility study reports or construction investment economic-technical reports for BT projects in the case of preparing construction investment economic-technical reports; Approve projects; 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 implement project contracts.

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:

The investor proposes the project, prepares a feasibility study report with a capacity profile and a draft contract; the competent authority organizes the appraisal of the feasibility study report, approves the project and the results of the investor appointment, and the draft contract; the technical design (in case of three-step design) or construction drawing design (in case of two-step design) and estimate...

Regarding the form of investor selection, Decree No. 257/2025/ND-CP stipulates that the forms of investor selection to implement BT projects include:

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

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

Designate investors according to the provisions of Article 39 of the Law on Investment under the public-private partnership method and regulations…

Regarding the implementation of BT projects, Decree No. 257/2025/ND-CP 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.

Regarding the transfer of BT project works, Decree No. 257/2025/ND-CP stipulates that after the BT project works are accepted and qualified for exploitation and use according to the provisions of law on construction, the investor and project enterprise (if any) shall prepare a dossier requesting the transfer of the BT project works and send it 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...

Source: https://baotintuc.vn/thoi-su/quy-dinh-moi-ve-thuc-hien-du-an-ap-dung-hop-dong-xay-dung-chuyen-giao-20251008211000291.htm