PPP Law 2020: Changes in the Authority to Decide on the Investment Policy for PPP Projects

PPP Law 2020: Changes in the authority to decide on investment policy for PPP projects (Illustration image)

Article 12 of the Public-Private Partnership Investment Law 2020 stipulates the authority to decide on investment policy for PPP projects as follows:

1. The National Assembly decides on the investment policy for PPP projects belonging to one of the following criteria:

- Use of public investment capital of VND 10,000 billion or more;- Major impact on the environment or potentially serious environmental impact, including: nuclear power plants; use of land requiring conversion of special-use forest land, upstream protection forest land, border protection forest land from 50 hectares or more; windbreaking, sandbreaker, and sea encroachment protection forest land from 500 hectares or more; production forest land from 1,000 hectares or more;- Use of land requiring conversion of rice cultivation land with two or more crops, with a scale of 500 hectares or more;- Resettlement of 20,000 people or more in mountainous areas, 50,000 people or more in other areas;- Projects requiring special mechanisms and policies to be decided by the National Assembly.

2. Except for projects under the National Assembly's authority, TTCP decides on the investment policy for PPP projects belonging to one of the following criteria:

- Resettlement of 10,000 people or more in mountainous areas, 20,000 people or more in other areas;- Projects using central budget funds managed by Ministries or central agencies, with a total investment scale equivalent to group A projects as prescribed by public investment law, projects using ODA loans and preferential loans from foreign sponsors;- New construction investment: airports; airport runways; passenger terminals of international airports; cargo terminals of airports with a capacity of 1 million tons/year or more;- New construction investment: ports, port areas belonging to special seaports; ports, port areas belonging to type I seaports with a total investment scale equivalent to group A projects as prescribed by public investment law.

3. Ministers, heads of central agencies, and other agencies decide on the investment policy for PPP projects within their management, except for projects under the authority of the National Assembly and TTCP.

4. The Provincial People's Council decides on the investment policy for PPP projects within their local management, except for projects under the authority of the National Assembly and TTCP.

Note: In case of adjusting the investment policy for PPP projects, the competent authority decides on the adjustment and is responsible for its decision.

For more details, refer to the Public-Private Partnership Investment Law 2020 effective from January 1, 2021.

Ty Na

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