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THE GOVERNMENT.
Number: 15 /2015/NĐ-CP
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THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, February 14, 2015
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DECREE
On investment in the form of public partnerships
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Government Law Base December 25, 2001;
The Investment Law Base November 26, 2014;
Public Investment Law Base June 18, 2014;
The Bidding Law base on November 26, 2013;
Construction of the Law Building on 18 June 2014;
The Public Debt Management Law Base June 17, 2009;
On the recommendation of the Minister of Planning and Investment,
Government It ' s issued an investment in the form of an industrial partnership.
COMMON RULES
This decree provides for the field, conditions, procedures of implementing an investment project in the form of a public partnership; mechanisms of management and use of the investment capital of the State to participate in the project; policy of incentives, investment guarantees and responsibilities of state management. for the investment project in the form of a public partnership.
This decree applies to the state authority with jurisdiction, investor, project business, lending and agencies, organizations, and individuals involved in the implementation of the investment project in the form of an industrial partnership.
In this decree, the following words are understood as follows:
1. Investment in the form of a public partnership (later called PPP) is the investment form made on the basis of a contract between the competent state agency and the investor, the project business to implement, manage, operate the infrastructure project, provide the investment of the government. Public service.
2. The contract for the project is the contract stipulated at Clause 3, 4, 5, 6, 7, 8 and 9 This and other similar contracts by regulation at Section 3 Article 32 of this decree.
3. The Construction-Business-Transfer Contract (later called the BOT contract) is the contract signed between the state agency with authority and investors to build the infrastructure structure; after completion of the work, the investor is entitled to the right of business. business within a certain period; at the end of the deadline, the investor transfers that work to the state agency with jurisdiction.
4. Contract for Construction-Transfer-Business (later known as BTO contract) is the contract signed between the state agency with authority and investors to build infrastructure work; after completion of the work, the investor transfers to the agency, the company said in a statement. The state has jurisdiction and is entitled to business in a certain term.
5. Contract of Construction-Transfer (later shortened to the BT contract) is the contract signed between the state agency with authority and investors to build infrastructure structures; investors transfer that process to the state agency with jurisdiction and control of the infrastructure of the country. It is paid by land funds to carry out the other Project under the regulatory conditions at Clause 3 Articles 14 and Section 3 Article 43 This Protocol.
6. Contract of Construction-Property-Business (later called the BOO contract) is the contract signed between the state agency with authority and investor to build the infrastructure structure; after completion of the work, the investor owns and is entitled to the right of business. It ' s business for a certain deadline.
7. Contract for Construction-Transfer of Services (later called BTL contract) is the contract signed between the state agency with authority and investors to build infrastructure work; after completion of the work, the investor transfers to the agency, the company said in a statement. The state has jurisdiction and is entitled to provide services on an operating basis, exploiting that work for a certain period; the state agency has the authority to hire services and pay the investor under regulatory conditions at Clause 2 Articles 14. This decree.
8. Contract for Construction-Rent-Transfer (then called the BLT contract) is the contract signed between the state agency with authority and investors to build the infrastructure structure; after the completion of the work, the investor is entitled to the right to supply the building. level of services on the basis of operation, exploit that work for a certain period; the state agency has the authority to lease service and payment to the investor under regulatory conditions at Article 2 Article 14 This decree; expiration of the provision of service, It ' s the investor to transfer that building to the state agency with jurisdiction.
9. Contract of Business-Management (later known as O&M contract) is a contract signed between a state agency with an authority and an investor to do business in part or all of the work within a given deadline.
10. The other project is the project funded by the investor to recover capital of infrastructure investment.
11. The project proposal is the documentation of the preliminary research content of the need, feasibility, and effectiveness of the project.
12. The feasibility report is the presentation of the study content of the need, feasibility, and effectiveness of the project.
13. The investment capital is the entire investment capital to build the original project and venture capital to exploit, operate the project.
14. The equity capital is the capital of the investor to implement the project by regulation at Article 10 of this Decree.
15. The investor is the organization, the individual who performs an investment activity under the rule of law on investment and the law concerned.
16. The project business is a business established by the investor to implement the project.
17. State business is a state-owned business that holds 100% of the charter capital.
18. The lender is a credit-level organization for investors, project businesses to implement the project.
What? 4. The investment sector and the project classification
1. Build project, renovate, operate, business, manage infrastructure structures, provide equipment or public services:
a) The construction of transportation infrastructure and related services;
b) The lighting system; the system provides clean water; the drainage system; the collection system, sewage treatment, waste; house in society; housing resettlement; cemetery;
c) Power plants, electrical power lines;
d) The work of medical infrastructure, education, training, vocational training, culture, sports and related services; the work headquarters of the state agency;
The construction of commercial infrastructure, science and technology, hydrology meteorology, economic zone, industrial zone, high tech sector, centralized information technology sector; information technology applications;
e) The agricultural, rural, and agricultural infrastructural structures associated with the processing, consumption of agricultural products;
g) Other areas by the decision of the Prime Minister.
2. The specified project at Article 1 This Article is classified under the provisions of the law on public investment, including the national key project, Group A, B and C. group projects.
3. Ministry, peer-to-peer agency, in collaboration with the Ministry of Planning and Investment Guide details of the investment sector of the Ministry of Management, industry.
What? 5. Cost of investment preparation and project implementation of the Ministry, industry, Provincial People ' s Commission
1. The cost of preparing to invest and implement the project of the ministry, the peer-to-peer agency, the government agency and the Provincial People 's Committee, the Central City Committee (later known as the Ministry, the industry, the Provincial People' s Commission) included:
a) The cost of setting, appraisal, approval of the project proposal, feasibility study report;
b) The organizational cost of an investor;
c) The operational cost of the project management unit of the state agency has jurisdiction, including the cost of supervising the implementation of the project contract, the quality of the work;
d) The cost of the project publication;
The operating cost of the PPP operations management head;
e) The cost of hiring support for the implementation of some of the activities of the office of the state agency has jurisdiction under the provisions of Article 5 Article 8 of this decree;
g) The cost of organising the conference, the seminar, project contract negotiation and the relevant contracts;
) Other expenses.
2. Cost of regulation at points a, b and c 1 This is arranged from the following capital sources:
a) The capital of the state budget by balance in the plan of the annual development investment plan of the Ministry, the industry, the Provincial People ' s Commission;
b) The capital support for the standard investment in Article 6 of this decree;
c) The source from the sale of the filing invites investor selection;
d) The investment capital was selected for the return project;
Other legal sources:
3. Cost of regulation at the points d, e, g and h 1 This is arranged from the state budget source in the department 's career spending plan, the industry, the Provincial People' s Committee.
What? 6. Source of Investment Support
1. The Ministry of Planning and Investment mobiles and manages the official development assistance (ODA), the preferable capital of foreign donors and other capital sources under the decision of the Prime Minister to support the operational preparation of investment.
2. The specified capital at Clause 1 This is allocated to the Ministry, the industry, the Provincial People's Committee to support the costs of planning the investment stipulated at the point a and point b 1 Article 5 This decree.
3. The investor is selected to implement a cost-reimbursable project that supports the investment preparer and capital conservation costs that are financing the investment to generate capital preparation capital for other projects.
4. The Ministry of Planning and Investment, in collaboration with the Ministry of Finance directed this Article.
What? 7. Board of Directors and Head of PPP Operations Management
1. The State Committee on PPP is established and operates under the decision of the Prime Minister.
2. The required base and specific regulatory conditions, the Ministry, the industry, the Provincial People's Committee of the Department of Professional Professionals directly led the PPP operations management of the Ministry, the industry, the local (the latter is known as the lead unit). In the case of necessity, the ministry, the Prime Minister's presentation, decided to establish a specialized unit directly as a PPP operations manager.
What? 8. The state agency has the authority to sign and implement the project contract
1. Ministry, the department, the Provincial People's Committee is the state body whose authority to sign the project contract, the mandate, its powers, and the implementation of the rights, obligations on the basis of the agreement with the investor at the project contract.
2. Funcability, duties, powers, and conditions of specific management, the ministry, the authorized sector for the organization of the ministry, the industry; the Provincial People ' s Committee is authorized to its professional body or the contracting districts of the contracting district and the implementation of the contract. Group B and group C.
3. The authorized commission in paragraph 2 This must be done in writing, which defines the specific scope of the mandate, the responsibility of the authorized body in the preparation of investment, negotiation, signing and implementation of the project contract.
4. The state agency has jurisdiction, authorized body by regulation at paragraph 2 This establishment or delivery of the project manager to carry out operations of its responsibility, but in any case the responsibility for the obligations has been taken to the public. It ' s committed to the project contract.
5. In case of necessity, the state agency has the authority to choose an independent advisory organization to assist in the implementation of a number of regulatory tasks at Clause 4 This.
What? 9. The execution of the project
1. Except for the specified C group project at paragraph 2 This, the project is done according to the following sequence:
a) Set, appraisal, approx and publish the project under the regulation at Chapter III This decree;
b) Set up, appraisal, approve the feasibility study report in accordance with Regulation IV This decree;
c) The organization selects the investor; negotiate and sign the investment agreement, the project contract under the regulation at Chapter V This decree;
d) Perform the issuing of the investment registration certification and establishment of the project business under the stipulation at Chapter VI This decree;
The implementation of the project under regulation at Chapter VII of this decree;
e) to decide and transfer the process by regulation at Chapter VIII This decree.
2. The Group C project performs the following sequence:
a) Set, appraisal, approve, and publish the project under the regulation at Chapter III This decree.
b) The organization selects the investor; negotiate and sign the contract project under the regulation at Chapter V This decree;
c) Deploy implementation of the project by regulation at Chapter VII This decree;
d) to decide and transfer the process by regulation at Chapter VIII of this decree.
PROJECT IMPLEMENTATION
What? 10. The equity and capital of the investor
1. The investor is responsible for the equity and raising of other capital resources to implement the project under the agreement at the project contract.
2. The equity rate of investors is not less than 15% of the total investment capital. For the project to have a total investment of over 1,500 billion dollars, the rate of equity is determined by the principle of the exponenation of each section as follows:
a) For the amount of capital to 1,500 billion copper, the equity rate is not less than 15% of this capital;
b) For capital of over 1,500 billion copper, the equity rate is not less than 10% of this capital.
3. The investment state of the State participating in the implementation project at Article 11 This decree does not count on the total investment capital to determine the equity rate.
4. The other project made by the investor to recover capital that has invested in the BT project process must meet the requirement for equity (if any) according to the law.
What? 11. Use of the state ' s investment capital to implement the project
1. The investment capital of the State participating in the implementation of the project includes state budget capital, government bonds, local government bonds, ODA capital, and foreign sponsor loans.
2. The investment capital of the State participating in the project implementation is used to carry out the following activities:
a) Contributs to the support of construction on the project with business activity, the toll from the user, but the income is not enough to recover capital investment and profit;
b) Payment for investors offering services under the BTL contract, the BLT contract and other similar contracts;
c) Support for the construction of the auxiliary construction, the compensation organization, the free release and the resettlement.
3. State of state investment specified at Point a and point b This 2 This is only used to participate in the implementation of the project due to the ministry, the industry, the proposed Provincial People 's Committee or the subject of the object use of ODA funding and the state sponsor' s preferable loan capital. Out.
What? 12. Identilocate the investment capital value of the State participating in the project
1. The investment capital value of the State is considered on the basis of the project ' s financial methodology; advocated using the investment capital of the Regulation State at paragraph 2 Article 17 of this decree and the ability to mobilize, balance the investment capital of the State to participate in the entity. The project.
2. The person with the authority stipulated at Article 27 of this decree determines the value of the state's investment in the implementation of the project when the approval of the feasibility study report or project proposal (for the C group project).
What? 13. The State Investment Capital Plan engaged in the implementation of the project
1. Ministry, the industry, the Provincial People's Committee and aggregation of the state's investment capital plan to take part in the implementation of the project is published under the stipulation at Article 18 of this Decree in the industry's five-year, local capital investment plan.
2. High-term public investment planning base, feasibility study or project proposal (for Group C project) approved, Ministry, Industry, Provincial People 's Committee of the Provincial People' s Investment and General Investment Capital Planning to take part in the project implementation of the project. the annual public investment of the industry, the local.
3. The Ministry of Planning and Investment, in collaboration with the Ministry of Finance of the General Ministry of Planning to use the investment capital of the State to take part in the project implementation of the project in the national public investment plan.
What? 14. The State Investment Capital League participated in the project.
1. The State of the Capital funds to support the construction of the project work:
a) The state ' s contribution to the support of the construction of the project process stipulated at Point A 2 Article 11 of this Agreement is resolved after the project has mass, the value of construction is completed by agreement at the project contract;
b) The volume base, the completed construction value provided by the investor, the business project business, the state agency has the allocated authority and payment for investors, the project business in proportion, the value, progress and conditions of agreement at the project contract. Murder.
2. The cashier paid the investor under the BTL contract, the BLT contract:
a) The payment capital to the investor provides services under the BTL contract, the BLT contract and other similar contracts stipulated at Point 2 Article 11 This Agreement is resolved by the bank since the time of the service provided by agreement at the project contract;
b) The payment by regulation at this point a paragraph is made periodically on a mass basis, the quality of service of the agreement at the project contract.
3. The use of the land fund to generate payment funds for the investor to implement the BT contract must be approved by the competent authorities under the provisions of the land law.
4. The funding of the funding process, the compensation organization, the fair release, the resettlement:
The construction of auxiliary construction, compensation, free and resettlement organization, and resettlement stipulated at Point 2 Article 11 This Protocol is used in accordance with the public investment project.
5. The Ministry of Finance directed this Article.
BUILD AND PUBLISH PROJECT
Item 1
THE PROJECT DUE TO THE MINISTRY, THE INDUSTRY, THE PROVINCIAL PEOPLE ' S COMMITTEE PROPOSED
What? 15. Project selection conditions
1. The project to be selected implemented in the form of a public partnership must fully meet the following conditions:
a) In accordance with the planning, industry development plan, region and economic development plan-the society of the local;
b) In accordance with the specified investment sector at Article 4 of this decree;
c) There is the ability to attract and take on commercial capital, technology, investor management experience; and more.
d) There is the ability to deliver products, continuous services, stability, to the quality that meet the needs of the users;
There is a total investment of 20 billion or more, except for the investment project under the O&M contract and the project stipulated at the point of Article 1 Article 4 of this decree.
2. The project is not yet in the planning, industry development plan, region, economic development plan, local society must be approved by the Ministry, the industry, the Provincial People ' s Committee review supplematuation by jurisdiction or approved authorship.
3. The project meets the regulatory conditions at Clause 1 This is likely to be able to recover capital from the preferred business operation.
What? 16. Content proposal content
1. Ministry, the industry, the Provincial People ' s Committee organizes the proposed project as the basis for selecting the investment project in the form of a public partnership.
2. The project proposal includes the following principal content:
a) The need for investment; the advantage of implementation of the project in the form of a public partnership compared to other forms of investment; the type of project contract;
b) The suitcases of the project with the planning, development plan and regulatory conditions at 1 Article 15 This decree;
c) The objective, scale, site implementation of the project; the need for land and resource use;
d) A preliminary analysis of requirements for engineering, standards, project quality of project, product or service provided;
) Expected progress, duration of project execution; construction time, process exploitation; regulatory organization, business, or service provision;
e) Expected the overall measure of compensation, free discharge, resettlement;
g) Expected the implementation of the Other Project (for the BT contract implementation project);
h) The preliminary analysis of the financial methodology of the project includes the content: Total investment capital, capital structure and mobilization; the investment capital of the State engaged in the implementation of the project (if available); expenses; revenues, prices, goods, services; the time of recording. Capital, profit;
i) The preliminary preliminary project in the process of implementation of the project and the division of risks between the state authority has jurisdiction and investor;
l) Proposal for preferable forms of preferable investment (if any);
l) Plans to preliminary the economic-economic efficiency of the project; the project ' s impact on the environment, society and defense, security; and the environment.
m) Other required content.
3. For the project that has a construction component, in addition to the regulatory content at paragraph 2 This, the project proposal includes preliminary design under the rule of construction legislation.
What? 17. Appropriation and approval proposal
1. Ministry, industry, Committee of the Provincial People's Provincial Committee of Appraisal and Appropriation proposals to project group A, B, and C. The sequence, procedure, appraisal, approval of the proposed national key project implementation in accordance with the law of public investment law.
2. For the project to use the investment capital of the State, base of capital and capital expected to use, the ministry, the sector, the Provincial People ' s Committee reported the competent authority under the rule of law on public investment to decide on the initiative to use before approval. Review the project.
3. The proposed approval profile using the investment capital of the State participating in the project implementation of the project:
a) The proposed text uses the investment capital of the State to participate in the project;
b) Proposal proposition;
c) The appraisal of the agency has the authority on the capital and the ability to balance the investment capital of the State to participate in the project.
4. The deadline for the approval of the State of the State of the State of the United States is 30 days from the date of receiving sufficient records in Article 3 of this Article 3.
1. During the 7 day period of work since the date of the proposed project, the ministry, the industry, the Provincial People's Committee announced the project, the project category on the national bidding network system under the law of bidding legislation.
2. The project was announced to have the following principal content:
a) Project name and project contract type;
b) The goal, scale, site implementation of the project and the other Project (if any);
c) Summary requirements for engineering, standards, project quality of project, product or service provided;
d) Expected investment capital; capital investment of the State participating in the project implementation (if any);
) Expected to progress, the deadline for implementation of the project, including time of feasibility study reporting, investor selection, construction time, completion and inclusion of construction work;
e) Updated information about the project implementation of the specified project at this point of charge;
g) The contact address of the state agency has jurisdiction.
What? 19. Transformation of investment form on investment projects by capital investment capital investment.
1. The project is being invested in capital investment funding is considered to convert the investment form to implement in the form of a public partnership if the regulatory conditions are met at 1 Article 15 This Protocol.
2. The Ministry of Planning and Investment Guide converts the form of investment in accordance with the regulation at Clause 1 Article.
Item 2
THE PROJECT WAS PROPOSED BY THE INVESTOR.
What? 20. The project proposes project
1. The proposed investor performs the project beyond the projects, the project category due to the Ministry, the industry, the Provincial People ' s Committee approx and published under the stipulation at Section 1 Chapter.
2. The proposed investor must meet the following requirements:
a) the conditions of regulation at 1 Article 15 of this decree;
b) The investor is a state business that must be in contact with other business to propose the project.
What? 21. The profile proposes the investor ' s project.
1. The investor set up a proposal to send the Ministry, the industry, the Provincial People ' s Committee.
2. The profile of the proposed project:
a) The proposed text implementation of the project;
b) Proposal (including regulatory content at paragraph 2 and paragraph 3 Article 16 This decree);
c) The certificate confirms the legal, capacity, experience of the investor;
d) The experience execution of the same project (if any);
) Other necessary documents to solve the project proposal (if any).
What? 22. Judge and approval of the investor ' s project proposal
1. Proposal for the project of the appointed investor and approved by regulation at Article 17 of this Decree for 30 days from the date of receiving enough records.
2. The Ministry of Planning and Investment Guide does this.
What? 23. announced the investor ' s project.
1. The proposed case for the project of approved investor, Ministry, Industry, Provincial People's Committee announced the proposal and information on the investor to propose a project under the regulation at Article 18 of this decree.
2. For a project proposal that involves intellectual property rights, trade secrets, technology or capital raising agreements to implement a security project, an investor agreement with the Ministry, the industry, the Provincial People's Committee on the content of the publication.
SET, APPRAISAL AND REPORT
FEASIBILITY STUDY
What? 24. Responsible Research Report
1. The ministry, the industry, the Provincial People ' s Committee organized the feasibility study of the project as the basis for filing a bid to select the investor and negotiate the project contract.
2. For the project proposed by the investor and approved by regulation at Article 22 of this Decree, the Ministry, the Industry, the Provincial People 's Department of the Provincial People' s Department of the Provincial People ' s Department of Public Affairs announced the feasibility study.
3. The delivery to the investor reporting the feasibility study was made on the basis of a written agreement between the Ministry, the industry, the Provincial People ' s Commission and the investor. The text of the agreement, which must stipulate the purpose, requirements, cost of reporting the feasibility study, the cost of hiring independent counsel and the principle of handling in the case of another investor was selected to implement the project.
What? 25. Content Research Report Content
1. The project feasibility study includes the following principal content:
a) A detailed analysis of the need for investment and the advantages of implementation of the project compared to other forms of investment; the type of project contract;
b) Assessment of the suitcases of the project with the planning, development plan, and regulatory conditions at Article 1 Article 15 This decree;
c) The goal, scale, the contracts (if any) and the site implement the project; the need for land use and resources;
d) Technical theory, technology to meet the requirement for the quality of project work, product or service provided;
) Evaluating the status quo, machinery, equipment, property value (for O&M contracts); other Project implementation conditions (for BT contracts);
e) Progress, duration of the project execution; construction time, process exploitation; management of management, business or service provision;
g) Total compensation, free release, resettlement;
h) The financial method of the project (including the specified content at Point 2 Article 16 This decree);
i) The ability to mobilize capital to implement the project; evaluate the needs, the payment capacity of the market; survey investor interest, the lender to the project;
l) Risk analysis, responsibility of the parties on risk management during the implementation of the project;
l) Consultated petition, investment guarantee (if any);
m) economic efficiency-the social and impact of the project on the environment, society and defense, security.
2. For the project that has a construction component, in addition to the specified content at Article 1 This, the feasibility study report includes the basis design under the law of construction legislation.
3. The C group project does not have to report feasibility studies but must have the basis design and financial methods in the project proposal as the basis of investor selection and project contract negotiation.
4. The ministry, the coordination sector with the Ministry of Planning and Investment Guide details the feasibility study in accordance with the implementation requirements and project management of the industry.
What? 26. The feasibility study report
1. The authority to judge the feasibility study:
a) the state appraisal council deappraisal of the national importance project;
b) The minister, peer-to-peer agency, Chairman of the Provincial People 's Department of the Provincial People' s Department of the Provincial Leadership on PPP activities organizing the organization of Group A project and group B.
2. Profile of the feasibility study report:
a) Project appraisal report;
b) The feasibility study report;
c) The documents, the legal text are relevant.
3. appraisal content:
a) The necessity of the implementation of the project: The suitcases of the project with the planning, the development plan of the industry, region and locality; the urgency and the advantage of implementing the project in the form of a public partnership compared to other forms of investment;
b) Assessment of the basic elements of the project: The objectives and scale of scale, the implementation of the project; the requirements for design, engineering, technology; management of management and business, or provision of services;
c) The feasibility of the project: The financial method of the project, the ability to mobilize resources to implement the project; the need for land use, the release of the facet, use of resources; the ability to provide goods, services and organizational solutions undertaken to meet the needs. sphere, the ability of the user's payment; the risks in the process of construction, exploitation, project management and prevention measures, minimization of risk; investor interest, lending to the project;
d) The effectiveness of the project: Results and contributions of the project to economic, social, environmental, social, and defense development tasks, security;
The necessary content.
4. The deadline for the appraisal of the feasibility study:
a) For the national importance project: No more than 90 days;
b) For group project A: No more than 40 days;
c) For Group B project: No more than 30 days.
5. The appraisal agency is hired by a partial appraisal or whole of the specified content at Section 3 This Article.
What? 27. The authority approx the feasibility study report
1. The Prime Minister approx the report of the feasibility study of the national importance project.
2. The minister, peer-to-peer agency, Chairman of the Provincial People ' s Committee approved the feasibility study of the Group A project and group B, unless the project uses ODA capital and preferable loans of foreign donors in the field of security, defense, religion and security. Yeah,
What? 28. The feasibility study report
1. The feasibility study report is considered adjusted in the following case:
a) The project is influenced by natural disasters or other adverse events;
b) Append the higher efficiency factors for the project;
c) The change planning is directly affecting the goal, location, scale of the project;
d) The project does not attract interested investors after having a market poll, a preliminary organization or a bid to select investors;
Another case by the Prime Minister's decision.
2. The procedure for appraisal, approval, regulation of the feasibility study report by regulation at Article 26 and Article 27 of this Protocol.
THE CHOICE OF INVESTORS AND SIGNING THE AGREEMENT
INVESTMENT, PROJECT CONTRACT
1. The choice of investors is made in a broad form of bidding or only bids.
2. The investor is preferable in the bidding process of the investor when there is a feasibility study or project proposal (for Group C project) being approved by the Ministry, the Provincial People's Committee.
3. Conditions, the procedure of selecting investors and incentives to investors in the bidding process of selecting an investor in accordance with the law of bidding legislation.
What? 30. Sign Investment Agreement
1. The state agency has the authority to hold a project contract negotiation with the investor (then called the parties) to be selected under the stipulation at Article 29 of this decree.
2. After the end of the project contract negotiation, the state agency has the authority and the investor sign the investment agreement to confirm the following content:
a) Project contract project;
b) The right and obligations of each party in the implementation of the regulatory procedures at Article 40 and Article 42 This Decree to be granted the investment registration certification and the establishment of the project business;
c) Other content under the agreement between the parties.
What? 31. Sign project contract
1. After the project is granted a certificate of investment registration by regulation at Section 3 Article 40 This decree, the state agency has the authority and the investor sign the project contract.
2. For the Group C project, after the conclusion of the project contract negotiation, the state agency has the authority and the investor to sign the project contract.
3. The rights and obligations of the project business are agreed upon in one of the following ways:
a) The project business contracted the project to jointly with the investor to be one side of the project contract;
b) The state authority has jurisdiction, investor, and business project business to sign a document allowing the project business to receive and implement the rights, obligations of the specified investor at the investment registration certificate and project contract. This text is an inseparable part of the project contract.
1. Target base, properties and type of project contract, all parties to the full agreement or some of the following basic content:
a) Goal, scale, location, duration, and progress of project execution; the time of construction of the project work;
b) Technical requirements, technology, project quality of project, product or service provided;
c) Investment capital and financial methods of the project;
d) Conditions, rates and progress of the state ' s investment capital funds participate in the implementation of the project (if any);
The conditions of land use and related work;
e) compensation, free release, resettlement;
g) construction construction, inspection, monitoring, quality management, recovery, project decision;
h) Monitoring, operating, maintenance, business and extraction of project work; transfer of the work;
i) Secure and protect the environment;
n) Conditions, the procedure of receiving the project of the loan party, the organization specified;
l) The risk division between the state agency has the authority and the investor; the impossibility event and the principle of handling;
m) preferable forms of incentives and guarantees (if any);
n) The regulation of the project contract relations, the relevant contract and the dispute resolution mechanism;
o) The effect and the duration of the project contract;
p) The principles, conditions of revision, addition, termination of the project contract; transfer of concession and obligations under the project contract;
q) Other content under the agreement between the signage parties.
2. The documents accompanying the project contract (if any) include appendix, documents, and other papers as the non-detached department of the project contract.
3. Base types of project contracts are regulated at Clause 3, 4, 5, 6, 7, 8 and 9 Article 3 This decree, the Ministry, the Industry and the Provincial People's Committee propose other similar types of contracts presented by the Prime Minister, the decision.
4. The specified base at Clause 1 This, the Ministry, the coordination sector with the Ministry of Planning and Investment Guide details the project of the project in accordance with the implementation requirements and management of the industry project.
What? 33. Rights to take over the lender ' s project
1. The lender has the right to accept or specify an organization of sufficient capacity to take part or all of the rights and obligations of the investor, the project business (later called the right to take on the project) in the case of an investor or project business. failed to perform the prescribed obligations at the project contract or the loan contract.
2. The agreement on the right to accept the project must be established between the loan party with the state authority with jurisdiction or with the contracting parties to the project. The lender and state agency have the authority to decide the time of signing the agreement on the right to take over the project.
3. After receiving the project, the loan party or the organization on the loan is designated to fully implement the corresponding obligations of the investor, the project business under the provisions at the project contract and the agreement on the right to receive the project.
What? 34. Transfer of rights and obligations under the project contract
1. The investor has a partial or full transfer of rights and obligations under a project contract for the lender or other investor.
2. Part or full transfer of the rights and obligations under the project contract is not affected by the objective, scale, technical standard, the implementation of the project and must meet investment conditions, business under the rule of law on the investment of the project. The other conditions agreed on the project contract.
3. Agreement on the transfer of provisions at clause 1 This must be established as a signed text between the parties in the project contract and the recipient of the transfer. The loan party joined the transfer agreement under the loan agreement.
What? 35. Modified, project contract plugin
The project contract was amended, supplemally due to changes in size, process of process engineering, total capital investment agreed or due to the unimpede event, which regulates the feasibility study report in accordance with Article 28 of this Agreement and other cases. Other than the provisions of the project contract.
What? 36. The deadline for the project contract
1. The deadline for the project contract due to the parties agreement is consistent with the sector, scale, nature and type of contract, the project.
2. The project contract terminated the effect due to the end of the agreed deadline or ended before the deadline due to the violation of one of the parties without effective remedied, due to the inviolable event or other cases stipulated at the contract. project.
3. The parties concluded the conditional termination of the project contract and the treatment of the termination of the project contract.
1. The signalside may deal with the application of foreign law to regulate the following contracts:
a) Contract contract for which a party is signed as foreign investors;
b) The contracts are covered by the Government for implementation by regulation at Article 57 of this decree.
2. The agreement to apply foreign legislation stipulated at Article 1 This is not contrary to the provisions of the Vietnamese law on the choice and the application of foreign law.
What? 38. Secure the project contract
The state agency has jurisdiction and investor agreement to form, value, time with the validity of the guarantee of implementing a project contract under the law of bidding.
INVESTING IN INVESTMENT AND ESTABLISHMENT
PROJECT BUSINESS
What? 39. Authority to grant, adjust and revoking the investment registration certificate
1. Ministry of Planning and Investment, which regulates and revoking the investment registration certificate for the following projects:
a) National important projects;
b) The projects in which the ministry, industry or agency are authorized by the Ministry, the industry is the state agency with the authority to sign the project contract;
c) The projects carried out on the site from the 02 provinces, the Central City of Central City and upward.
2. The Provincial People's Committee, which regulates and revoked the investment registration certificates for non-regulated projects at Clause 1 Article.
3. The Group C project does not have to implement the investment registration certificate procedure.
What? 40. File, grade procedure, adjust, revoking the investment registration certificate
1. The filing recommended that the investment registration certificate include:
a) The text offer to issue investment registration certification;
b) Investment agreements and draft contracts;
c) The feasibility study report and the decision to approve the project;
d) The official approval of the state capital use of investment capital implementation of the project (if any);
b) the joint venture and draft business charter charter (if any);
e) The decision to choose the investor.
2. The investor file five sets of files, including at least 1 of the original set for the regulatory agency at Article 39 of this decree.
3. The Regulatory Authority at Article 39 This decree issued a certificate of investment registration in the 25-day period since the date of receiving valid records.
4. The Ministry of Planning and Investment regulates the details of the case, the level procedure, the adjustment and recovery of the investment registration certificate.
What? 41. Content-based registration certificate
1. The investment registration certificate includes the following principal content:
a) Name, address of the investor;
b) Project name;
c) The goal, scale, requirements and conditions that implement the project (if any);
d) The location of the project and land area used;
The investment capital of the project; the capital structure;
e) The deadline and progress of the project;
g) The value, rate, progress and conditions of the state ' s investment capital funds participate in the project implementation (if any);
h) Investment incentives (if any).
2. For the BT project, in addition to the content on the planning infrastructure construction project at Clause 1 This, the investment registration certificate must stipulate the condition of implementing another Project.
3. The other project performs the investment registration procedure in accordance with the provisions of the law on investment.
What? 42. Founded the project business
1. After being granted an investment registration certification, the investor established a business to implement the project in line with the target, the scope of the operation agreed at the project contract. The case, the procedure of founding the project business in accordance with the regulation of the law on the business.
2. For the project implementation under the BT contract or Group C project, the investor decides to establish a project business under the stipulation at Article 1 This Article or directly implement the project but must organize the investment management and accounting of investment capital and investment funds. operation of the project.
IMPLEMENTING PROJECT EXECUTION
What? 43. Project deployment conditions
1. The project is deployed under the terms of the agreement in the project contract after the investor is granted the investment registration certificate.
2. The Group C project is deployed after the project contract is signed.
3. The other project is implemented simultaneously or after the completion of the infrastructure construction by agreement at the project contract.
What? 44. The selection of the contractor makes the project
The investor, the project business enforces the selection of consulting contractor, provides goods, construction and other contractors on the basis of fair assurance, transparency, economic efficiency to apply unity during the implementation of the project.
What? 45. Prepare for construction by construction
1. The Provincial People ' s Committee is responsible for organizing the release of the plain and completing the land procedures, leasing the land to implement the project under the provisions of the law on land, project contracts and related contracts.
2. The state agency has jurisdiction in coordination with the Provincial People ' s Committee to perform a regulatory responsibility at Clause 1 Article.
1. The report of the feasibility study and regulation of the project contract, investor, business planning project to send a state agency to oversee, test. Changing technical design that affects scale, technical standards, the progress of the project must be approved by the written approval of the state authority.
2. The construction of the construction design carried out the provisions of the legislation on construction.
What? 47. Monitoring the project contract
1. The investor, project business is responsible for the quality of the work, the service of the project; self-monitoring, management or hiring of independent consulting organization for management, construction of construction competition, the collection of categories and the entire design by design, The business of business rules on the project contract.
2. The state agency has the authority to oversee compliance with the obligations of the investor, the project business under the stipulation at the project contract.
3. In case of need, the state agency has the authority to hire the competent authority to have sufficient capacity to support the implementation of the prescribed duty at Clause 2 This.
What? 48. Public Quality Monitor
1. When carrying out the quality monitoring of the work transferred to the State after completion, in addition to the prescribed duties at Article 47 This decree, the state agency is responsible:
a) Check out the monitoring of process construction by request at the project contract;
b) Check the compliance of processes, standards, process management management processes under the project contract;
c) The organization examines the quality of the work department, the work category and the entire construction work when there is doubt on the quality or when the state management is required;
d) Recommend the investor to ask for a contractor to adjust or suspend the public at finding the quality of the work that does not guarantee the request.
2. The monitoring of the quality of the BT project works in accordance with the regulatory procedure for the public investment project.
3. The manual constructs implementation of the regulations at this.
What? 49. Project Manager and Business Project
1. An investor, a project business that performs the management, business of the project or other project under the terms of the agreement in the project contract.
2. In the process of business or provision of services, the project business is responsible:
a) The product, service and implementation of other obligations under the request, which conditions the agreement at the project contract;
b) Asking the use of the work under the regulatory conditions in the project contract;
c) Equal treatment with all subjects that use products, services provided by the project enterprise; do not use the process business rights to waive the provision of services to the objects used;
d) Correction, periodic maintenance, maintenance of the safe operation in accordance with the design or process committed at the project contract.
What? 50. Price, commodity fees, services and revenues.
1. Price, commodity fees, services, other revenues and conditions, adjusted procedures are agreed at the project contract under the principle of guarantee of benefits between investors, project businesses, users and the State, facilitalizing the investment income capital of capital and capital. And profit.
2. Agreement, price adjustments, goods, services, and other revenues must be in accordance with the provisions of the law on price, fees and under regulatory conditions at the project contract.
3. When adjusting for price, goods, services, and other revenues by regulation at Clause 1 and Clause 2 This, the investor, the project business must announce a 30-day notice to the state agency with jurisdiction and objects using goods, services.
What? 51. Support service toll
Investors, the project business is facilitated to obtain the right, cost price and service fees, the revenues; the state agency has the authority to support the toll of the service, the other revenues.
What? 52. Monitoring and evaluation of investment, financial public
1. The monitoring and evaluation of the project implementation follows the regulation of the law on the oversight, assessment of investment and agreement at the project contract.
2. The investor, the project business that makes public reporting public reporting, reports audit according to the laws of law and agreement at the project contract.
DECISION AND TRANSFER OF PROJECT WORK
1. In the course of the 06 month period from the completion of the project work, the investor makes the investment decision capital decision building.
2. The state agency has the authority to make a deal with the investor the choice of an independent, competent and experienced audit organization to make an audit of the capital value of the project construction project.
3. The Ministry of Finance directed the implementation of the regulatory process value decision-making regulations at this Article.
1. For the planned project contracts on the transfer of the project work, the state agency has the authority and the investor agreement in the contract to project the conditions, the procedure of transfer.
2. The transfer of the project work is done under the following conditions and procedures:
a) A year before the transfer date or in the deadline of the agreement at the project contract, the investor, the project business must publicly register on the transfer of the work, procedure, contract liquoration deadline, payment of debts;
b) The state agency has the authority to hold quality, value, work status under the agreement at the project contract, set up a transfer asset portfolio, identify the damage (if any) and the project business requirements carry out the repairs, protect the government. The construction work;
c) The investor, the project business must ensure that the transfer assets are not used to bail out the financial obligations or other investment obligations of the investor, the project business was born before the time of transfer, except for the case of a possible project contract. other rules;
d) The project business is responsible for the transfer of technology, training, and implementation of periodic maintenance, overhaul to ensure normal work operation engineering conditions in accordance with the requirements of the project contract;
After taking over the project, the state agency has the authority to organize the management, operate the functions according to the function, jurisdiction.
INVESTMENT AND INVESTMENT GUARANTEES
1. Investment House, project business enjoys corporate income tax incentives under the law of corporate income tax.
2. Goods imported to implement the benefit project under the regulation of the export tax legislation, import tax.
3. The investor, the project business is exempt or reduced the use of land on land area by the State of the State or granted or reduced land rent during the implementation of the project in accordance with the rule of the land law.
4. investor, project business is entitled to other incentives under the rule of law.
What? 56. Tax on the contractors participating in the project
Foreign contractors and contractors in the country participate in implementing tax obligations and tax incentives by law.
What? 57. Asking the obligations of investors, project businesses and other businesses.
Based on the nature and requirements of the project, the Prime Minister appointed the government on behalf of the Government to bail out the supply of raw materials, consumption of products, services, and other contract obligations for investors, project businesses, or other businesses. participate in the project and guarantee the obligations of state-owned enterprises to sell fuel, raw materials, product purchases, investor services, project businesses.
What? 58. Asset acceptance, project business rights
1. The investor, the project business is mortgaed, the right to use the land and the right to business the project on the loan under the law of the land and civil law. The mortgage period did not exceed the project contract deadline, unless the case had another agreement at the project contract.
2. The asset mortgage agreement, the project business rights must be established as a signed text between the lender and the contracting parties.
3. Collateral, project business rights are not affected by the goal, scale, technical standards, progress of the project, and other conditions agreed at the project contract.
What? 59. Make sure to exercise land rights
The purpose of using the land of the guaranteed project does not change in the entire term implementation of the project contract, including the case of the loan party that exercise the right to take over the project under regulation at Article 33 of this decree.
What? 60. Make sure to balance the foreign currency
1. The investor, project business acquired by foreign currency at credit organization is allowed to operate foreign exchange operations to meet current transaction needs, capital transactions, and other transactions or transfer of capital, profit, investment payments abroad in accordance with the rules. The law of foreign exchange management.
2. The authority under the jurisdiction decides to raise the investment of the National Assembly, the infrastructure construction project of the Government's investment program and other important projects by the Prime Minister's decision to be considered to guarantee the demand for foreign currency. It ' s to do the transactions that are regulated at This One Article.
3. The social economic development orientation base, foreign exchange management policy, the ability to balance the foreign currency in each period and the target, the nature of the project, the Prime Minister decides and specifies the agency that guarantees foreign currency balance to the process projects. This is on the basis of Article 2 on the basis of the ministry, the industry and the local.
What? 61. Make sure to provide public services
1. The investor, project business is used land, roads and other auxiliary works to implement the project by law.
2. The case with a scarce or limited-to-limited service on the subject is used in public works, investors, project businesses are prioritiled to provide services or are priorititiated the use of public works to implement the project. Murder.
3. The state agency has the authority to be responsible for the support of the investor, the project business that imples the necessary procedures to be allowed to prioritiate the use of service and public works.
What? 62. secured property rights.
1. The legal property of the investor is not nationalized or seized by administrative measure.
2. The case of a state of purchase, requiriation of property for defence, security or for national interest, emergency, room, anti-natural disasters are paid, compensated by the rule of law on investment, law of the referendum. buy, commando the property and the terms of the agreement at the project contract.
1. The dispute between the state agency with authority and investor or project business and the dispute between the project business with the participating economic institutions that implement the previous project must be resolved through negotiation, reconciliation. The case is not resolved by negotiation, mediation, parties may take the dispute to resolve at the arbitration organization or the Vietnamese court in accordance with the provisions of the Vietnamese law, except for the specified cases at Clause 2 and Section 3 This.
2. The dispute between the state agency has jurisdiction with foreign investors or project businesses established by foreign investors as stipulated at Article 42 of this decree in the process of implementing the project contract and the regulatory contracts under the provisions of the government. at Article 57 of this decree is resolved through the arbitration or the Court of Vietnam or the arbitration council by the parties of the agreement.
3. The dispute between the project business with the organization, the foreign individual or with the Vietnam Economic Organization and the dispute between the investors is settled under the provisions of the Investment Law.
4. The dispute is resolved by arbitration by regulation at the project contract and the associated contracts are trade disputes. The decision of foreign arbitration is recognized and enforced by law on the recognition and implementation of the decision of foreign arbitration.
THE RESPONSIBILITY FOR STATE MANAGEMENT OF INVESTMENTS IN THE FORM OF PUBLIC PARTNERSHIPS
What? 64. Ministry of Planning and Investment
1. Help the Government to manage unity in the form of investment in the form of public partnerships across the country.
2. Host, coordination of ministries, faciliters implementing regulatory implementation regulation and use of capital support capital support; the procedure to transform the form of project investment is investing in public capital; records, approval procedures proposed the project of the state. Investment; profile, licensing, regulation, recovery of the investment certificate; use of the state's investment in the implementation of the project; transfer of the rights and obligations under the project contract and other matters under the authority stipulated at this decree.
3. Verify, the Prime Minister considers, deciding on other types of similar project contracts under the Ministry 's proposal, the industry, the Provincial People' s Commission.
4. Host, in collaboration with the Ministry of Finance that plans to use the investment capital of the State to take part in the project implementation; capital management support the investment preparation.
5. Coordinated with the Ministry of Finance guidance on the State Investment Capital League that participated in the project implementation.
6. Level, adjust, revoking the investment registration certificate for jurisdiction projects; appraisal of the state ' s investment capital taking part in the project under jurisdiction; participation in the opinion on the matters of function, the authority at the request of the government. Department, Industry and the Provincial People's Committee.
7. Host, in collaboration with the ministries, the industry, the Provincial People ' s Committee of the Ministerial Inquiry proposes to apply other forms of investment guarantee that has not been regulated at this Decree.
8. Host, in collaboration with the ministries, the industry, the Provincial People ' s Committee to oversee, test, inspect and synthetiate, assess the situation that implement the project across the country.
9. Build and manage the information system, the national database of investment in the form of a public partnership.
10. Organization for training, increased capacity to implement investment projects in the form of industrial partners.
11. Do other duties, other powers according to the rule of law.
1. The Guide uses the cost of preparing to invest and implement the ministry, the sector, the Provincial People 's Committee; the mechanism of implementing the investment project under the BT contract; the project' s financial method; project work and other relevant issues under the jurisdiction of the project. the rules of regulation at this decree.
2. Host, in collaboration with the Ministry of Planning and Investment Financing Capital investment of the State participating in the project implementation.
3. Coordinate with the Ministry of Planning and Investment Planning to use the investment capital of the State to participate in the project implementation and management of capital support capital preparation.
4. Participate in the opinion on investment guarantees and investment incentives for the project.
5. Participate in the opinion on the issues of function, the authority at the request of the Ministry, the industry, the Provincial People ' s Commission.
6. General, evaluate the data on the public debt of the projects and the obligations on the finances of the Government.
7. Do the task, other powers according to the rule of law.
What? 66. Justice Department Responsibility
1. The legal opinion on the project contract, the government's patronage text, and the documents related to the project signed by the state agency.
2. Participate in the negotiation of issues relating to the applicable law, resolve disputes, government bail, other legal matters of the project contract and the relevant contracts on the Ministry, the Industry and the Provincial People's Committee.
3. Do the task, other powers according to the rule of law.
What? 67. Vietnam State Bank Responsibility
1. Participate in the opinion on the ability to secure foreign currency balance on the project at the request of the Ministry, the industry, the Provincial People's Committee; the aggregate demand for foreign currency projects and management of state foreign exchange reserves to ensure the ability to balance the currency on projects.
2. Participate in the appraisal of the functions of the function, the authority at the request of the Ministry, the industry and the Provincial People ' s Committee.
3. Do the task, other powers according to the rule of law.
1. The Guidelines for the implementation of the monitoring of the project, manage the quality of the project work, and the extent of the operational cost of the project management unit.
2. Participate in the appraisal of the functions of the function, the authority at the request of the Ministry, the industry and the Provincial People ' s Committee.
3. Do the task, other powers according to the rule of law.
What? 69. Ministry of Service, Industry
1. Make state management of investments in the form of industrial partners in the field of management range.
2. Build, publish the project within the management range.
3. Host, in collaboration with the Ministry of Planning and Investment Implementing Regulations delivered at this Decree.
4. Participate in the opinion on the issues of function, the authority at the request of the ministries, the industry, the Provincial People ' s Commission.
5. General, assess the project implementation of the project within the management scope of the industry.
6. The Prime Minister considers, deciding on the implementation of other forms of investment guarantee that has not been regulated at this decree.
7. Do other duties, other powers according to the rule of law.
What? 70. The responsibility of the Provincial People ' s Commission
1. Make the state management of investments in the form of a public partnership on the site according to the Government ' s hierarchy.
2. Build, publish the local project.
3. Judge, grant, adjust, revoking the investment registration certificate for the project under the jurisdiction.
4. Participate in the issue of functional, authorship issues at the request of the ministries, the industry, the Provincial People ' s Committee.
5. General, assess the project execution of the project within the local management scope.
6. Host, in coordination with the state agency with the authority to hold the free release to carry out the project.
7. The Prime Minister considers, deciding on the implementation of other forms of investment guarantee that has not been specified at this decree.
8. Do other duties, other powers according to the rule of law.
EXECUTION CLAUSE
1. This decree has been in effect since 10 April 2015.
2. Decree, the following decision expires since the date of this decree taking effect:
a) Protocol number 108 /2009/NĐ-CP November 27, 2009 of the Government on Investment in the form of BOT contract, BTO contract and BT contract;
b) The arithmetic decree 24 /2011/ND-CP April 05, 2011 of the Government amended some of the provisions of the Digital Protocol 108 /2009/NĐ-CP to invest in the form of BOT contract, BTO contract and BT contract;
c) Decision No. 71 /2010/QĐ-TTg November 9, 2010 by Prime Minister of the Government of the Government of the Government of the Government of the Government of the Government of the Government of the Government of the United States.
What? 72. transition regulation
1. The project category was announced before the date of this decree that the enforcement effect must be scrutinated, reapproved by the provisions of this decree, unless the case has been approved by the Prime Minister.
2. The feasibility study report prior to this Decree is valid not to be approved by the decree of this decree.
3. The project has decided to approve the results of the investor selection before the date of the decree taking effect not to choose the investor in accordance with the provisions of this decree.
4. The contract for the project to be signed before the date of this Decree is valid for not renegotiation.
5. The project was granted an investment certificate or project contract signed formally prior to the date of this decree taking effect on the implementation of the provisions of the investment certificate and project contract.
6. The project has committed or approved by the written consent of the Prime Minister or the Ministry, the industry, the Provincial People ' s Committee on the Use of Investment Capital of the State participating in the project, incentives, investment guarantees and other content related to the implementation of the project. Prior to this date, the implementation of this decree was implemented in accordance with those documents.
7. Other cases follow the decision of the Prime Minister on the basis of a proposal by the Ministry of Planning and Investment.
The ministers, the chief of the government, the government of the government, the chairman of the Provincial Committee, the Central Committee of the Central Committee, the Central City of the Central Committee, and its powers are responsible for guiding and implementation of this decree.
TM. THE GOVERNMENT. |
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Prime Minister |
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(signed) |
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Dao Dung |
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