Continue to improve the legal framework for investment under the PPP method

Illustrative photo. (Photo: Tin Tuc Newspaper)

The Ministry of Finance is seeking comments on the draft Decree replacing Decree No. 35/2021/ND-CP detailing and guiding the implementation of the Law on Investment under the public-private partnership (PPP) model.

According to the Ministry of Finance, the purpose of issuing the Decree is to continue to perfect the legal framework for investment under the PPP method in accordance with the new provisions of the PPP Law, continue to simplify procedures, reduce time and costs in PPP investment activities, bidding activities to select investors; promote decentralization, delegation of authority, improve the effectiveness and efficiency of state management of investment activities under the PPP method.

PPP project implementation process

The PPP Law is expected to be amended in the direction of promoting decentralization, delegation of power, cutting down and simplifying procedures for implementing PPP projects in the direction of: Decentralizing legislative power, abolishing some provisions in the Law to assign the Government to specify details.

Decentralization of authority to decide on investment policies for PPP projects previously belonged to the Prime Minister; authority to approve PPP projects belonged to the National Assembly , Ministers, and Provincial People's Committees.

Abolish the procedure for deciding on investment policies for group A, B, C projects that do not use state capital, BT projects paid by land fund, science and technology projects, projects applying high technology and new technology to shorten project implementation time.

It is not mandatory to establish an Appraisal Council for projects under the investment policy decision authority of the Ministry, Provincial People's Council, or Provincial People's Committee. Instead, an affiliated agency or unit is assigned to organize the appraisal.

Therefore, the draft Decree is expected to amend and supplement the following provisions:

Amending the provisions of Decree No. 35/2021/ND-CP on the order and procedures for deciding on investment policies, adjusting investment policies, approving projects, adjusting projects, project contract contents, and project preparation procedures proposed by investors; and at the same time amending the corresponding contents in the Appendices.

Abolish regulations on procedures for establishing Appraisal Councils (except for important national projects implemented according to regulations of public investment law).

Amending regulations on time for appraisal of pre-feasibility study reports, investment proposal reports, feasibility study reports, economic-technical reports on construction investment; time for approval of investment policies and project approval.

Investor selection

The PPP Law expands the cases of investor designation and investor selection in special cases in the direction of: Adding cases of contractor designation for the following cases: projects proposed by investors in which the investors own strategic technology; digital infrastructure projects previously implemented by investors to ensure connectivity; projects proposed by investors; adding forms of investor selection in special cases for PPP projects in the field of science and technology.

In addition, to cut down on procedures and shorten the time in the process of selecting investors, the PPP Law has eliminated the pre-qualification process; at the same time, the criteria for evaluating bidding documents have been revised in the direction that: Investors only need to demonstrate their ability to arrange capital without having to demonstrate experience in implementing similar projects; in the case of designating investors to propose projects, investors are only required to meet financial capacity and have a feasible financial plan.

On that basis, the draft Decree is expected to amend and supplement a number of the following provisions: Supplementing detailed provisions on the form of investor designation and investor selection in special cases; abolishing provisions on the pre-qualification process; amending provisions on methods and criteria for evaluating bidding documents.

The draft Decree is expected to amend, supplement and abolish 74 out of 93 articles of Decree No. 35/2021/ND-CP dated March 29, 2021 of the Government detailing and guiding the implementation of the Law on Investment under the public-private partnership model. Pursuant to the provisions of Point b, Clause 4, Article 8 of the Law on Promulgation of Legal Documents 2025, the Ministry of Finance proposes to issue a Decree to replace Decree No. 35/2021/ND-CP.

The Ministry of Finance is soliciting comments on this draft at the Ministry's Electronic Information Portal.

According to VTV.VN

Source: https://baohoabinh.com.vn/12/202150/Tiep-tuc-hoan-thien-khung-phap-ly-ve-dau-tu-theo-phuong-thuc-PPP.htm