Chương XI Luật Đầu tư theo phương thức đối tác công tư 2020: Điều khoản thi hành

Chapter XI

IMPLEMENTATION PROVISIONS

Article 99. Amendments and supplements to relevant laws

1. Amending and supplementing certain Articles of the Law on Procurement No. 43/2013/QH13, amended or supplemented under the Law No. 03/2016/QH14, 04/2017/QH14 and 40/2019/QH14, shall be as follows:

a) Amending and supplementing clause 3 of Article 1 as follows:

“3. Selection of the investor in implementation of investment projects in which land is used;”;

b) Amending and supplementing clause 2 of Article 3 as follows:

“2. In case where it is necessary to select contractors to provide input materials, fuels, substances, supplies, consulting services or non-consulting services to ensure the continuity of production, sale and procurement activities to maintain the regular operation of state enterprises, enterprises must adopt regulations on contractor selection to be uniformly applied internally on the basis of ensuring fairness, transparency and economic efficiency.”;

c) Amending and supplementing clause 10 of Article 4 as follows:

“10. PPP project enterprise refers to an enterprise established by an investor to serve the purpose of executing PPP projects where land is used.”;

d) Amending and supplementing clause 12 of Article 4 as follows:

“12. Bidding refers to the process of selecting a contractor to enter into and execute a contract for the provision of consulting services, non-consulting services, procurement of goods or construction; selecting investors to sign and execute investment contracts for execution of projects where land is used on the basis of ensuring competition, fairness, transparency and economic efficiency.”;

dd) Amending and supplementing clause 4 of Article 6 as follows:

“4. Bidding investors must be legally and financially independent of the parties hereunder:

a) Tender consulting contractors in investment projects using land until the date of conclusion of project contracts;

b) Competent regulatory authorities, bid solicitors.”;

e) Amending and supplementing Point i of Clause 1 of Article 8 as follows:

“i) List of investment projects using land;”;

g) Amending and supplementing clause 2 of Article 15 as follows:

“2. Investment projects using land, except for cases where investment is restricted in accordance with the investment law.”;

h) Repealing Article 68.

2. Amending and supplementing Clause 4 of Article 40 in the Law on Public Investment No. 39/2019/QH14 as follows:

“4. Principles, authority over, contents of, procedures and processes for design and evaluation of and decision on feasibility study reports for PPP projects shall be subject to law on PPP investment.”.

3. Amending and supplementing Clause 2 of Article 20 in the Law on Prices No. 11/2012/QH13 already amended and supplemented by the Law No. 61/2014/QH13 as follows:

“2. Promptly adjust prices whenever the price factors change. In particular, prices of public products and services created by public-private partnership investment projects shall be adjusted over periods of time as provided in project contracts.

4. Amending and supplementing certain Articles of the Law on Support for Small and Medium Enterprises No. 04/2017/QH14 as follows:

a) Amending and supplementing clause 2 of Article 12 as follows:

“2. Ministries, Ministerial-level agencies and provincial People’s Committees may establish incubation facilities, engineering facilities and co-work spaces. Enterprises and organizations investing in other business activities may set up incubation facilities, engineering facilities and co-work spaces.”;

b) Amending and supplementing clause 1 of Article 13 as follows:

“1. Ministries, Ministerial-level agencies and provincial People’s Committees may establish product distribution chains. Enterprises and other investment or business organizations may establish product distribution chains.”. 

5. Amending and supplementing Clause 2 of Article 39 in the Law on Hydrometeorology No. 90/2015/QH13 already amended and supplemented by the Law No. 35/2018/QH14 as follows:

“2. Hydrometeorology public service organizations shall be entitled to provide hydro-meteorological services according to their functions and tasks prescribed by competent state authorities in accordance with this Law and other relevant laws; shall be entitled to use hydro-meteorological products and services provided by other organizations or individuals on the basis of placement of orders or agreements according to the provisions of law.

Other organizations and individuals may provide hydro-meteorological services in accordance with this Law and relevant laws.”.

6. Amending and supplementing certain Articles of the Law on Housing No. 65/2014/QH13, already amended and supplemented by the Law No. 40/2019/QH14, as follows:

a) Amending and supplementing clause 3 of Article 36 as follows:

“3. The State may directly invest in the construction of houses with state budget capital, national bonds, other bonds, official development assistance capital, concessional loans from donors, and state-owned development investment credit funds on the land areas determined for construction of resettlement houses according to approved planning schemes to serve the purposes of lease, lease-purchase or sale thereof to resettlement beneficiaries.";

b) Amending and supplementing clause 1 of Article 53 as follows:

“1. The State may invest in the construction of social housing by using state budget capital, national bonds, other bonds, official development assistance capital, concessional loans from donors, and state-owned development investment credit funds on the land areas determined for construction of social housing in accordance with regulations for lease and lease-purchase purposes.";

c) Repealing Point b of Clause 3 of Article 40 and Point b of Clause 1 of Article 114.

7. Repealing Point c of Clause 4 and Clause 5 of Article 30, Clause 4 of Article 51 in the Law on Use and Management of Public Assets No. 15/2017/QH14. 

Article 100. Entry into force

1. This Law shall enter into force on January 1, 2021, except the regulations specified in Clause 6 of Article 101 herein.

2. The Government and competent regulatory authorities shall elaborate on Clauses and Articles set forth in this Law.

Article 101. Transitional provisions

1. The projects in the sectors prescribed in clause 1 of Article 4 in this Law and meeting the minimum total investment requirements prescribed in clause 2 of Article 4 herein shall be subject to the following regulations:

a) In case where an investment policy decision has been made by a competent authority before the effective date of this Law, the next steps shall be taken in accordance with this Law. In case where the investment policy needs to be adjusted, regulations laid down in Article 18 herein shall be observed;

b) In case where the feasibility study report has been approved by a competent authority before the effective date of this Law, next steps shall be taken in accordance with this Law without having to go through the project approval procedures as per this Law; the contents specified in Clause 6 of Article 23 of this Law must be additionally approved in case investor selection has not yet been organized;

c) As for projects falling into the cases specified at Points a and b of this Clause, if the state capital contribution ratio in a PPP project is greater than the rate specified in Clause 2 of Article 69 of this Law, any adjustment in the state capital ratio shall not be required.

2. Projects that are not in the sectors specified in Clause 1 of Article 4 of this Law or fail to meet the minimum total investment requirements specified in Clause 2 of Article 4 of this Law, and projects without the prequalification requirement in which investor prequalification results have not been approved yet or the invitations for bid or requests for proposal have not yet been issued, until the effective date of this Law shall be halted.

3. PPP projects in which investor selection is occurring shall be subject to the following regulations:

a) In case where their investor prequalification results have been approved before the effective date of this Law, they may be continued in accordance with this Law;

b) In case where the invitation for bid or the request for proposal has been issued before the effective date of this Law but the bid is closed after December 31, 2020, the bid solicitor shall be responsible for extending the bid closing time to improve the invitation for bid or the request for proposal in accordance with this Law provided that such action does not result in any adjustment of the approved investment policy and feasibility study report;

c) In case where the results of investor selection are available, but the contract negotiation and conclusion happens after the effective date of this Law, the contracting authority shall negotiate and sign the contract, based on the results of investor selection, bidding documents, proposal, invitation for bid and request for proposal in accordance with this Law without resulting in any adjustment in the approved investment policy and feasibility study report.

4. Project contracts signed before the effective date of this Law may continue to be executed under contractual terms and conditions.

5. From the effective date of this Law, the transition of Build - Transfer (BT) contracts shall be as follows:

a) Projects where bidding documents or requests for proposal have not been issued yet shall be suspended; in case where bidding documents or requests for proposal have already been issued, they shall be continued based on the invitations for bid, requests for proposals and legislative regulations at the time of issuance of these invitations for bid or requests for proposal;

b) With regard to projects where investor selection results are obtained before the effective date of this Law, the contracting authority shall negotiate and sign the contract, based on the results of investor selection, bidding documents, proposals, invitations for bid and requests for proposal, and legislative regulations valid at the time of issuance of invitations for bid or requests for proposal;

c) For projects which have signed contracts before the effective date of this Law, project execution and payment under regulations of BT contracts and legislative regulations valid at the time of contract conclusion shall be continued;

d) Implementation of new BT projects shall be disapproved.

6. Implementation of the projects under BT contracts that have not been approved for investment policy yet shall be suspended from August 15, 2020.

7. The Government shall elaborate on this Article.