Year 2021, Application of 03 Conditions for PPP Projects Proposed by Investors

In 2021, 03 conditions apply to PPP projects proposed by investors (Illustrative photo)

To be specific:, Article 26 Law on Investment under Public-Private Partnership 2020 stipulates that PPP projects proposed by investors must meet the following conditions:

1. Be in accordance with the project selection conditions for investment under the PPP method, which include:

- Necessity for investment;- Belonging to the fields specified in Clause 1, Article 4 of this Law and meeting the minimum investment scale specified in Clause 2, Article 4 of this Law;- Not duplicating a PPP project that has been approved with an investment policy decision or project approval decision;- Having advantages compared to other forms of investment.

2. Not be duplicated with a PPP project that is currently being reported on pre-feasibility by a competent authority or has had another investor approved to prepare the pre-feasibility study;

3. Be in line with the national socio-economic development strategy, plan, and relevant planning as prescribed by the planning law.

Additionally, projects proposed by investors must undergo open bidding or competitive negotiation as detailed below:

Open Bidding:

- Open bidding is a method of selecting investors without limiting the number of participating investors.- Open bidding must be applied to all PPP projects, except for cases specified in Articles 38, 39, and 40 of this Law.

Competitive Negotiation:

- There are no more than 03 investors meeting the project implementation requirements invited to participate;- Projects applying high technology within the list of high technologies prioritized for investment development according to the law on high technology;- Projects applying new technology as stipulated by the law on technology transfer.

For more details, see Law on Investment under Public-Private Partnership 2020 effective from January 1, 2021.

Ty Na

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