Chapter I
GENERAL PROVISIONS
Article 1. Scope
This Decree elaborates the Law on Public - Private Partnership Investment ((hereinafter referred to as “PPP Law” regarding investment sectors, scales of PPP projects; PPP Project Assessment Boards; preparations for PPP projects; selection of investors executing PPP projects; confirmation of completion and transfer of works and infrastructure; termination of PPP project contracts; handling of various situations and violations during PPP investment.
Article 2. Investment sectors, size of PPP projects
1. Transportation
a) Sectors: Road transport; railway transport, inland waterways transport; maritime transport; air transport;
b) Size: total investment of at least 1.500 billion VND.
2. Electrical grid, power plants
a) Sectors: renewable energy; coal-fired power; gas-fired power (including liquefied natural gas - LNG); nuclear power; electrical grid; except the cases of state monopoly prescribed by Law on Electricity;
b) Size: total investment of at least 1.500 billion VND; for renewable energy projects: total investment of at least 500 billion VND.
3. Irrigation; clear water supply, water drainage and wastewater treatment; waste treatment: total investment of at least 200 billion VND.
4. Healthcare
a) Sectors: Medical examination and treatment facilities; preventive healthcare; testing;
b) Size: total investment of at least 100 billion VND.
5. Education - training
a) Sectors: infrastructure, facilities, equipment serving education – training and vocational education;
b) Size: total investment of at least 100 billion VND.
6. Information technology (IT) infrastructure
a) Sectors: digital information and digital economy infrastructure; modernization of IT in Communist Party and State agencies; application and development of information technology, databases, data centers; common national platforms, applications, services; network security; system of applications and services serving the people and enterprises; information and communication technology (ITC) infrastructure for smart cities;
b) Size: total investment of at least 200 billion VND.
Article 3. Document retention in PPP investment
1. Competent authorities shall retain documents of the following activities:
a) Submission, appraisal, decision and revision (if any) of investment guidelines of PPP projects;
b) Submission, appraisal, decision on approval and revision to the decision approval (if any) of PPP projects;
c) Survey of interest of investors and lenders (if any);
d) Conclusion of PPP project contracts and appendices thereof (if any);
dd) Disbursement of state capital (if any) in PPP projects;
e) Cost statement of works and infrastructure;
g) Contract finalization and transfer of project assets;
h) Other activities specified in project contracts.
2. The procuring entity shall retain the following documents:
a) Submission, approval, decision on approval for pre-qualification documents, negotiation documents, bidding documents and clarifying documents;
b) Evaluation, clarification (if any) of pre-qualification applications, negotiation applications, bids.
c) Submission, appraisal, approval for the prequalification result, investor selection result.
3. Retention period:
a) The documents mentioned in Points a, b, c, dd, e, h Clause 1 and Clause 2 of this Article shall be retained for at least 05 years after finalization of the PPP project contract;
b) The documents mentioned in Point d and Point g Clause 1 of this Article shall be retained for at least 10 years after finalization of the PPP project contract.
Article 4. Publishing PPP-related information
1. Responsibility to publish information on Vietnam National E-Procurement System (VNEPS):
a) Competent authorities shall publish information specified in Point a Clause 1 Article 9 and Article 25 of PPP Law, information about investors’ interest survey specified in Article 25 of this Decree;
b) The procuring entity shall publish the information specified in Point b Clause 1 Article 9 of PPP Law and information about changes of bid closing time (if any);
c) Agencies contracted to publish the information specified in Points c, d, dd Clause 1 Article 9 of PPP Law;
d) Regarding the information specified in Point e Clause 1 Article 9 of PPP Law, the Ministry of Planning and Investment shall publish the documents promulgated by the National Assembly, the Standing Committee of the National Assembly, the Government, the Prime Minister, Ministries and heads of ministerial-level agencies; Provincial Departments of Planning and Investment shall publish documents promulgated by the People’s Councils, the People’s Committees and Presidents of the People’s Committees of provinces;
dd) Bidders shall post and update information about their capacity and experience to the bidder database in accordance with Point g Clause 1 Article 9 of PPP Law;
e) Complaint and denunciation settling authorities shall provide information about settlement of complaints, decisions on handling reported violations in accordance with Point h Clause 1 Article 9 of PPP Law for the Ministry of Planning and Investment for publishing. Published information shall comply with regulations of law on complaints and denunciations;
g) Complaint and denunciation settling authorities shall publish their responses to proposals in investor selection and decisions on actions against violations in PPP investment in accordance with Point ah Clause 1 Article 9 of PPP Law.
2. Time for publishing information on VNEPS:
“
a) The procuring entity shall decide the time for publishing the pre-qualification notice and invitation to bid prescribed in Point b Clause 1 Article 9 of PPP Law on VNEPS according to the progress of the project;
b) The procuring entity shall publishing the shortlist and investor selection result prescribed in Point b Clause 1 Article 9 of PPP Law within 10 days from the issuance date of the documents;
c) The information prescribed in Points a, c, d and dd Clause 1 Article 9 of PPP Law shall be published by the organization within 10 days from the issuance date of the documents.
3. Information on the list of state secrets shall be disclosed in accordance with state secret protection laws.
4. “International pre-qualification notices, international invitation to bid, information about changes of bid closing time (if any) prescribed in Point b Clause 1 Article 9 of PPP Law shall be published in both Vietnamese and English on VNEPS and the website of the ministry, central authority, other authorities and the People’s Committee of the province.
Article 5. PPP information system and databases
1. PPP information system is an IT system developed and managed by the Ministry of Construction for uniform management of PPP-related information, including information about PPP investment activities, PPP databases on VNEPS and relevant information.
2. PPP databases on VNEPS include:
a) Database about PPP projects;
b) Database about PPP project contracts;
c) Database about PPP investors;
d) Other relevant databases about PPP.
3. Development, management and use of PPP databases;
a) PPP databases shall have information security and data integrity, ensure compatibility between information in PPP databases and other information systems and databases of state authorities;
b) Regulatory authorities shall have access to PPP databases within their functions and tasks;
c) Other organizations and individuals that need to access PPP databases shall follow instructions of the Ministry of Planning and Investment.
4. The budget for development, management and upgrade of the PPP information system and PPP databases shall be included in the annual state budget estimates of the Ministry of Planning and Investment and other lawful sources (if any).
Article 6. Reporting PPP investment activities
1. Annual PPP investment reports of ministries, central authorities, other authorities and the People’s Committees of provinces shall be submitted to the Ministry of Planning and Investment before March 31 of the succeeding year. The Ministry of Planning and Investment shall receive, manage, evaluate and consolidate information about PPP investment and submit annual reports to the Prime Minister.
2. The report mentioned in Clause 1 of this Article shall have the following contents:
a) Progress of PPP projects: basic information about the PPP projects; preparations for the projects, investor selection; execution of PPP project contracts;
b) Promulgation of guiding documents about PPP investment activities;
c) Arrangement of staff in charge of PPP investment activities;
d) Achievements, unresolved issues, difficulties, causes and proposed solutions.
3. The report mentioned in Clause 1 of this Article shall be:
a) Sent physically; and
b) Sent via VNEPS following the roadmap specified in Point b Clause 1 Article 93 of this Decrees.
4. On the basis of the investment evaluation and supervision reports prepared by PPP project enterprises in accordance with regulations of the Government on investment evaluation and supervision, the concluding authority shall submit PPP project contract execution reports to the Ministry, central authorities, other authorities, the People’s Committee of the province. A PPP project contract execution report shall have the following contents:
a) PPP project contract execution progress with a timeline;
b) Raising and disbursement of financing sources of the project, including: state capital in the project (if any), the investor’s equity, borrowed capital, capital derived from corporate bonds (if any);
c) Fulfillment of obligations of the concluding authority, the investor and PPP project enterprise in the contract;
d) Actual revenue of the PPP project; the part of additional revenue that is shared by the PPP project enterprise to the State (if any); the value of the decrease in revenue that the State has paid or plans to pay the PPP project enterprise (if any);
dd) Estimated costs incurred by the State in the next 03 years after the reporting years;
e) Difficulties that arise during the execution of the project, unexpected situations that impact the fulfillment of contractual obligations of the parties or might lead to changes to the project contract; proposed solutions for minimizing negative impacts on the project.
Tìm kiếm
Nghị định 35/2021/NĐ-CP (Bản Word)
Nghị định 35/2021/NĐ-CP (Bản Pdf)