What are regulations on survey of interest of investors in PPP projects in Vietnam?

What are regulations on survey of interest of investors in PPP projects in Vietnam? - image from internet

Pursuant to Article 27 of the Decree 35/2021/ND-CP stipulating following regulations:

1. During the preparation of the feasibility study report of a PPP project, the competent authority shall survey the interest of investors and lenders (if any), except PPP projects approved by the Prime Minister for investor appointment as prescribed in Clause 2 Article 39 of PPP Law. The survey shall be carried out after the investor completes and sends the draft feasibility study report to the competent authority.

2. Procedures for survey of interest of investors in a PPP project:

a) The competent authority uploads the survey notice in both English and Vietnamese onto the VNEPS and the website of the Ministry, central authority, other authority or the People’s Committee of the province; the notice shall be written in Vietnamese for the economic sectors and business lines with prohibited market access prescribed by investment laws, projects subject to requirements concerning national defense, security and state secrets prescribed in Point a and Point b Clause 3 Article 31 of PPP Law;

b) Interested investors apply for project execution on VNEPS. Before the deadline for submission of the expression of interest (EOI), the competent authority may hold a convention to provide information about the project for investors;

c) The interest survey result is the basis for the competent authority to decide whether to apply pre-qualification, selection of domestic or international investors. Before approving the project, the preparing unit, if necessary, shall request the competent authority to consider permitting pre-qualification as prescribed in Clause 2 Article 28 of PPP Law, determine the name of the procuring entity and pre-qualification time.

3. Except for the projects specified in Clause 4 of this Article, investors’ interest survey shall be carried out in accordance with Clause 2 of this Article and Form No. 01 in Appendix IV hereof. The preparing unit (or the authority that receives the project proposal as the case may be) shall determine the number of investors that submit the EOI as the basis for deciding the investor selection method prescribed in Clause 2 Article 34 of this Decree.

4. In case the PPP project has special elements that need innovations in order to shorten the duration of construction of the work or infrastructure, achieve high energy-saving rates, ensure a high level of environmental safety according to environmental protection laws, the survey shall be carried out following the procedures specified in Clause 2 of this Article and Form No. 02 in Appendix IV hereof. The preparing or receiving unit shall assess investors' EOI responses in order to make a short list and decide on the investor selection method as prescribed in Point a Clause 3 r 34 of this Decree.

5. From the day on which the survey notice is posted on VNEPS as prescribed in Point a Clause 3 of this Article, the time limit for investors and lenders (if any) shall be that specified in the notice, which must be:

a) At least 30 days for the projects specified in Clause 3 of this Article;

b) At least 45 days for the projects specified in Clause 4 of this Article.

Best regards!