Authority and Contracting Agency for PPP Project Contracts

Authority and Contracting Agency for PPP Projects (illustrative image)

In Article 5 of the Law on Investment under the Public-Private Partnership Method 2020, the authority and contracting agency for PPP projects are specified as follows:

1. The authority includes:

- Ministries, ministerial-level agencies, agencies under the Government of Vietnam, central agencies of political organizations, the Supreme People’s Procuracy, the Supreme People's Court, the State Audit Office, the Office of the President, the Office of the National Assembly, central agencies of the Vietnam Fatherland Front, and sociopolitical organizations (hereinafter referred to as ministries and central agencies);- Provincial People’s Committees;- Agencies and organizations established by the Government of Vietnam and the Prime Minister of the Government of Vietnam, and assigned budget estimates according to the state budget laws (hereinafter referred to as other agencies).

2. The contracting agency for PPP projects includes:

- The authority stipulated in Clause 1, Article 5 of the Law on Investment under the Public-Private Partnership Method;- Agencies or units authorized by the authority to sign contracts;- In cases where the project falls under the management of multiple authorities stipulated in Clause 1, Article 5 of the Law on Investment under the Public-Private Partnership Method, or in cases of changes in the authority, these authorities shall report to the Prime Minister of the Government of Vietnam to decide on assigning one authority as the competent authority;- The authority may authorize its affiliated agency or unit to act as the contracting agency for PPP projects within its competence.

More details can be found in the Law on Investment under the Public-Private Partnership Method 2020, effective from January 1, 2021.

Thanh Thao

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