Approval of the PPP project prepared by the competent authority

Approval of PPP projects established by competent authorities (illustrative image)

pursuant to articles 21, 22, and 23 of the Law on Investment in the form of Public-Private Partnership 2020, the provisions are as follows:

Regarding the authority to approve projects: there are 3 competent entities:

- The Prime Minister of Vietnam approves projects stipulated in Clause 1, Article 12 of this Law.- Ministers, heads of central agencies, and other relevant authorities approve projects within their management scope as prescribed in Clauses 2 and 3, Article 12 of this Law.- Chairpersons of provincial People's Committees approve projects within their management scope as stipulated in Clauses 2 and 4, Article 12 of this Law.

Regarding the dossier for project approval request for PPP projects, it must include:

- Proposal document for project approval.- Draft decision for project approval.- Feasibility study report.- Appraisal report on the feasibility study report.- Investment policy decision.- Other relevant legal documents of the project.

Regarding the PPP project approval decision, it includes 5 contents:

- Project name;- Name of the contracting authority;- Objectives; scale; location; project implementation time; land use needs and other resources;- Type of PPP project contract;- Total investment amount; capital structure in the project; prices, fees for public service products for projects applying the fee collection mechanism directly from users;- Name of the procuring entity, form of investor selection, time of investor selection organization, except for cases specified in Clause 2, Article 17 of this Law.

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

Thanh Thao

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