Vietnam: Basic contents of the PPP contract

Specifically, based on the investor selection result as regulated in Article 23 of Circular No. 38/2015/TT-BCT of the Ministry of Industry and Trade of Vietnam, the sector-managing unit shall take the prime responsibility and coordinate with the PPP authority and relevant units to negotiate and revise the project contract with the selected investor.

Basic contents of the project contract shall comply with regulations in Article 32 of Decree No. 15/2015/NĐ-CP of Vietnam’s Government.

- The parties may carry out the agreement on other contents relating to the project contract on the basis of the project’s specific nature provided that such agreed contents must be in conformity with the Decree No. 15/2015/NĐ-CP, Circular No. 38/2015/TT-BCT and other legislative documents.

- Documents enclosed to the project contract, including its appendixes, papers and documents certifying or detailing contents of the project contract, are an integral part of the project contract.

After ending the negotiation on the contents of the project contract, the sector-managing unit shall make the report on the negotiation result, enclosed with the draft of the investment agreement. Contents of the investment agreement shall conform to Clause 2 Article 30 of the Decree No. 15/2015/NĐ-CP and the Minister of Industry and Trade shall decide the conclusion of the investment agreement. The Ministry of Industry and Trade shall organize the conclusion of the investment agreement with the main investor.

Notably, the conclusion of group-B and group-C project contracts shall be executed under the authorization of the Minister of Industry and Trade of Vietnam.

View more details at the Circular No. 38/2015/TT-BCT of the Ministry of Industry and Trade of Vietnam, effective from December 15, 2015.

Thu Ba

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