Adjustment and Announcement of PPP Project Information by the Competent Authority

Adjustment and Disclosure of PPP Project Information Established by Competent Authorities (illustration)

In Articles 24 and 25 of the Law on Public-Private Partnership Investment 2020, there are specific regulations as follows:

Regarding the adjustment of PPP projects, consisting of 4 contents:

- The feasibility study report is adjusted in the following 4 cases:

- The project is affected by a force majeure event;- The appearance of factors that bring higher financial, economic, and social efficiency for the project;- Changes in planning, policies, or laws that directly affect the project's objectives, location, and scale;- Failure to select an investor to implement the project.

- In case the adjustment of the feasibility study report leads to changes in objectives, scale, location, type of PPP project contract, increasing the total investment by 10% or more, or increasing the value of state capital in the PPP project, the procedure for adjusting the investment policy must be implemented before submitting it to the competent authority for approval to adjust the project.

- The authority, evaluation procedures, and approval of the adjustment of PPP projects are carried out according to the provisions of Articles 19, 20, 21, 22, and 23 of this Law regarding the adjustment content.

- The adjustment dossier of the project includes:

- The proposal for the approval of the adjustment of the project;- The draft decision approving the adjustment of the project;- The appraisal report on the content of the adjustment of the feasibility study report;- Other relevant legal documents of the project.

Regarding the disclosure of PPP project information according to the regulations:

- Within 10 days from the date of the investment policy decision, the decision to adjust the investment policy (if any), the project approval decision, the decision to approve the adjustment of the project (if any), the competent authority shall organize the disclosure of the project information stipulated in Clause 2 of this Article.

- The project information disclosed includes:

- The investment policy decision, the decision to adjust the investment policy (if any);- The project approval decision, the decision to approve the adjustment of the project (if any);- Information on the contact address of the competent authority, the contracting authority, and the procuring entity.

See detailed regulations in the Law on Public-Private Partnership Investment 2020 effective from January 1, 2021.

Thanh Thao

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