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THE NATIONAL
ASSEMBLY OF VIETNAM
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THE SOCIALIST
REPUBLIC OF VIET NAM
Independence-Freedom-Happiness
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No. 90/2025/QH15
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Hanoi, June 25,
2025
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LAW
AMENDMENTS
TO LAW ON BIDDING, LAW ON PUBLIC-PRIVATE PARTNERSHIP INVESTMENT, LAW ON
CUSTOMS, LAW ON VALUE-ADDED TAX, LAW ON EXPORT AND IMPORT DUTIES, LAW ON
INVESTMENT, LAW ON PUBLIC INVESTMENT, AND LAW ON MANAGEMENT AND USE OF PUBLIC
PROPERTY
Pursuant to the Constitution of the Socialist
Republic of Vietnam, as amended by the Resolution No. 203/2025/QH15;
The National Assembly of Vietnam promulgates a
Law on amendments to the Law on Bidding No. 22/2023/QH15, as amended by the Law
No. 57/2024/QH15, the Law on Public-Private Partnership Investment No.
64/2020/QH14, as amended by the Law No. 03/2022/QH15, Law No. 28/2023/QH15, Law
No. 35/2024/QH15 and Law No. 57/2024/QH15, the Law on Customs No. 54/2014/QH13,
as amended by the Law No. 71/2014/QH13, Law No. 35/2018/QH14 and the Law No.
07/2022/QH15, the Law on Value-added Tax No. 48/2024/QH15, the Law on Export
and Import Duties No. 107/2016/QH13, the Law on Investment No. 61/2020/QH14, as
amended by the Law No. 72/2020/QH14, Law No. 03/2022/QH15, Law No.
05/2022/QH15, Law No. 08/2022/QH15, Law No. 09/2022/QH15, Law No. 20/2023/QH15,
Law No. 26/2023/QH15, Law No. 27/2023/QH15, Law No. 28/2023/QH15, Law No.
31/2024/QH15, Law No. 33/2024/QH15, Law No. 43/2024/QH15 and Law No.
57/2024/QH15, the Law on Public Investment No. 58/2024/QH15, the Law on
Management and Use of Public Property No. 15/2017/QH14, as amended by the Law
No. 64/2020/QH14, Law No. 07/2022/QH15, Law No. 24/2023/QH15, Law No.
31/2024/QH15, Law No. 43/2024/QH15 and Law No. 56/2024/QH15.
Article 1. Amendments to Law on
Bidding
1. Some clauses of Article 2 are amended and
abrogated as follows:
a) The first paragraph of clause 1 is amended as
follows:
“1. The selection of contractors which is carried
out by authorities, organizations or individuals and funded by state budget as
prescribed by the Law on State Budget or by lawful revenues of regulatory
authorities and public service units, except the cases specified in clauses 7,
8 and 9 Article 3 of this Law, for:”;
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c) Clause 4 is amended as follows:
“4. Organizations and individuals involved in
bidding activities other than those specified in clauses 1 and 3 of this
Article may apply all provisions or some specific Articles, clauses and/or
points of this Law at their discretion.”.
2. Some points and clauses of Article 3 are amended
as follows:
a) Clause 1 is amended as follows:
“1. Bidding activities within the scope of this Law
must comply with the provisions of this Law and other relevant laws. If any
provisions of this Law are different from those of any law promulgated before
the effective date of this Law, the former shall prevail, except the cases
prescribed in clauses 2 through 9 of this Article.”;
b) The first paragraph of clause 7 is amended as
follows:
“7. Regulatory authorities, organizations and
enterprises may decide the procurement of their own free will but must ensure
openness, transparency, economic efficiency and accountability in the following
cases:”;
c) Point d is amended; point d1 is added following
point d clause 7 as follow:
“d) Selection of contractors carried out by
state-owned enterprises without using state budget, or by public service units
self-covering both recurrent and investment expenses or public service units
self-covering recurrent expenses without using state budget;
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d) Clauses 8 and 9 are added following clause 7 as
follows:
“8. Regarding the pre-determined funding for
science, technology and innovation tasks which is totally or partially derived
from state budget, the organizations or individuals in charge of such a task
shall have the right to make their own decisions on selection of contractors
supplying goods and/or services to serve the performance of such science,
technology and innovation tasks.
9. Regarding the direct purchase of goods and/or
services from family households or individuals to serve the performance of
science, technology and innovation tasks in the fields of agriculture, forestry
and aquaculture, the organizations and individuals in charge of science,
technology and innovation tasks shall organize direct purchase of goods and/or
services from family households and individuals.”.
3. Some clauses of Article 4 are amended as
follows:
a) Clause 1 is amended as follows:
“1. Procuring entity means a competent
authority that approves investment policies or decides to conduct bidding for
investor selection, or an unit assigned by such a competent authority to
organize the investor selection.”;
b) Clause 2a is added following clause 2 as
follows:
“2a. Competent authority means an
authority that approves investment policies as prescribed in the Law on
Investment or authority making decision to conduct bidding for investor
selection. In respect of a project whose investment policies are subject to the
approval given by the National Assembly or the Prime Minister, the competent
authority shall be the authority making decision to conduct bidding for
investor selection.”;
c) Clause 6 is amended as follows:
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d) Clause 24 is amended as follows:
“24. Competent person means a person who
makes decision on investment in the project or the head of the superior
authority or unit of the employer, in respect of a procurement cost estimate as
prescribed by law. In case of investor selection, the competent person is the
head of the competent authority that approves the investment policies in
accordance with regulations of the Law on Investment or that makes a decision
to conduct bidding for investor selection.”.
4. Point i clause 1 Article 5 is amended as
follows:
“i) In case of international bidding, a foreign
bidder is required to enter into a consortium with a domestic bidder or will
subcontract domestic bidders, unless otherwise prescribed by the Government.”.
5. Some points and clauses of Article 6 are amended
as follows:
a) Point d clause 1 is amended as follows:
“d) Employer, except the cases where: the
bidder is a public service unit that is affiliated to a regulatory authority
and has its assigned functions and tasks conformable with the nature of the
package of that regulatory authority; a public service unit and an enterprise are
directly managed by or receive capital contributed by the same authority;
public service units are directly managed by the same authority, and the case
prescribed in clause 4a of this Article.”;
b) Point a clause 4 is amended as follows:
“a) The bidder is not affiliated to the same
governing authority or organization with the public service unit, except the
case prescribed in point d clause 1 of this Article;".
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“3. The information in clauses 1 and 2 of this Article
must be published on the VNEPS, except the information on projects, investment
projects or packages classified as state secrets.”.
7. Some points and clauses of Article 10 are
amended as follows:
a) Point g clause 1 is amended as follows:
“g) Bidders that are startup individuals or
companies, or startup support organizations accredited by competent
authorities; innovation centers; science and technology enterprises; science
and technology organizations; research and development centers; holders of
certificates of recognition as hi-tech enterprise, hi-tech incubator, hi-tech
enterprise incubator or enterprise established from an investment project on
manufacturing of hi-tech products in accordance with regulations of law on
science, technology and innovation, law on high technology and relevant
laws;";
b) Point h clause 1 is amended as follows:
“h) A bidder that employs female workers, wounded
soldiers, people with disabilities or ethnics;”;
c) Point i is added following point h clause 1 as
follows:
“i) Hi-tech products which are included in the List
of recommended hi-tech products and manufactured by hi-tech enterprises or
enterprises established from investment projects on manufacturing of hi-tech
products recognized in accordance with regulations of law on high technology;
products or goods from findings of special or domestic science, technology and
innovation tasks as prescribed by the law on science, technology and
innovation; digital technology products and/or services meeting requirements
imposed by the Minister of Science and Technology of Vietnam.”;
d) Point d clause 2 is amended as follows:
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dd) Point a clause 3 is amended as follows:
“a) The subjects specified in points a, b, c, g and
i clause 1 of this Article shall be given incentives as prescribed in point b
or point c clause 2 of this Article when they participate in packages for
procurement of goods or mixed packages;”;
e) Point c is added following point b clause 4 as
follows:
“c) Investors that are science and technology
enterprises; startup companies or startup support organizations accredited by
competent authorities; innovation centers; holders of certificates of
recognition as hi-tech enterprise, hi-tech incubator, hi-tech enterprise
incubator, or enterprise established from an investment project on
manufacturing of hi-tech products in accordance with regulations of law on high
technology; foreign investors that have made commitment to transfer
technologies to domestic investors or partners.".
8. Some points and clauses of Article 11 are
amended and abrogated as follows:
a) Point c clause 1 is amended as follows:
“c) In case of a consulting service package in
which the employer believes that the participation of foreign bidders is
necessary for improving the quality of the package or project, the employer
decides to organize international bidding and assumes responsibility for its
decision;”;
b) Point c clause 2 is abrogated;
c) Point dd clause 2 is amended as follows:
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d) Clauses 3 and 4 are added following clause 2 as
follows:
“3. Regarding projects to be executed in land areas
with restricted access or bordering areas with restricted access as prescribed
in the land law and relevant laws, competent persons shall decide to organize
whether international bidding or domestic bidding on the basis of opinions
given by the Ministry of National Defence of Vietnam, the Ministry of Public
Security of Vietnam, the Ministry of Foreign Affairs of Vietnam and other
relevant agencies (if any).
4. Regarding packages of projects in the fields of
science, technology, innovation and digital transformation for which domestic
bidding is organized, domestic bidders are allowed to employ subcontractors or
special subcontractors that are foreign bidders to perform specific tasks which
cannot be performed by the domestic bidders themselves or which require
technology transfer.”.
9. Some points and clauses of Article 14 are
amended and abrogated as follows:
a) Point b clause 9 is amended as follows:
“b) The bidder or investor performs any of the
prohibited acts specified in Article 16 of this Law or commits any violation
against regulations of the bidding law resulting in bid cancellation;”;
b) Point c clause 10 is abrogated.
10. Some points and clauses of Article 16 are
amended and abrogated as follows:
a) Points h and k clause 6 are abrogated;
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“7. Unauthorized disclosure of information and
documents on the contractor/investor selection, except the cases specified in
point b clause 8 and point g clause 9 Article 77, clause 11 Article 78, clause
4 Article 80, clause 4 Article 81, and clause 2 Article 82 of this Law,
including:”;
11. Some points and clauses of Article 17 are
amended and abrogated as follows:
a) Point b clause 1 is amended as follows:
“b) There are changes in the objectives and scope
of investment specified in the issued investment decision, for a project, or
changes in the objectives and scope of procurement, for a procurement cost
estimate, due to the arrangement of administrative divisions, organization of
the state apparatus, and other force majeure events, resulting in changes in
volume of tasks and evaluation criteria specified in the EOI request,
prequalification document, bidding documents or RFP;”;
b) Point d clause 1 and point d clause 2 are
abrogated; the letter “d,” in clause 4 is removed.
12. Clause 1 Article 20 is amended as follows:
“1. Contractor selection methods include:
a) Direct contracting, contractor selection in
special circumstances, order placement, direct purchase;
b) Competitive bidding, shopping, limited bidding;
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13. Clause 1 Article 22 is amended as follows:
“1. Packages which have specific technical
requirements that can only be satisfied by some bidders;”.
14. Article 23 is amended as follows:
“Article 23. Direct contracting
1. Direct contracting is a process where a
contractor is appointed to perform a package of a project or procurement cost
estimate which:
a) has urgent or emergency requirements to serve
the performance of national defense and security, external affairs or national
sovereignty protection tasks; prevent or handle consequences of force majeure
events, or protect property, health and lives of people; or serve epidemic and
disease prevention and control;
b) has requirements regarding protection of state
secrets;
c) belongs to a special public investment project;
an emergency public investment project; or a project of national significance
for which the direct contracting method is applied with an approval given under
a National Assembly’s resolution issued when deciding the project’s investment
policies;
d) has specific professional, operational and/or
technical requirements or conditions; has specific requirements or conditions
regarding research, testing, copyright, patent, warranty, or needs to ensure
compatibility in terms of technology, copyright, planning;
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e) falls within the limit for application of direct
contracting method under the Government’s regulations;
g) falls in the cases of direct contracting as
prescribed in specialized sector/industry law;
h) belongs to special strategic fields, projects,
tasks on scientific research, technology, innovation, digital transformation;
or
i) requires acceleration in execution progress,
ensured quality and efficiency.
2. The Government shall elaborate this Article.”.
15. Article 24 is amended as follows:
“Article 24. Shopping
1. The shopping method applies to one of the
following packages whose price falls within the limit prescribed by the
Government:
a) The procurement of common and uncomplicated
non-consulting services;
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c) Simple construction packages for which approved
building drawing designs are available;
d) PC packages of which construction tasks meet the
requirements laid down in point c of this clause.
2. For the packages applying the shopping method,
the inclusion of criteria for evaluation of capacity and experience of bidders
in the bidding documents is optional.”.
16. Clause 1 Article 29 is amended as follows:
”1. Contractor selection in special circumstances
shall apply to the packages of projects or procurement cost estimates that have
one or some specific conditions regarding contractor selection criteria and
procedures, contract signing and execution conditions, specific requirements
regarding science, technology, innovation and digital transformation, or strict
requirements regarding national defense and security, external affairs, border
and territorial security, national interests, performance of national political
tasks which cannot be satisfied if such packages are executed adopting any of
the contractor selection methods specified in Articles 21, 22, 23, 24, 25, 26,
27, 28 and 29a of this Law.”.
17. Article 29a and Article 29b are added following
Article 29 of Section 1 as follows:
“Article 29a. Order placement
1. Order placement means a method whereby an
organization, enterprise or individual is directly assigned to provide the
following goods/services:
a) Public utilities, public services;
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c) Products/goods from findings of special science,
technology and innovation tasks as prescribed by the law on science, technology
and innovation;
d) Goods/services which are ordered in accordance
with regulations of the relevant specialized sector/industry law.
Where goods/services are ordered in accordance with
regulations of the relevant specialized sector/industry law, the order
placement procedures shall be carried out in accordance with regulations of
such relevant specialized sector/industry law; if the specialized sector/industry
law does not provide for such order placement procedures, the bidding law shall
apply.
2. The Government shall elaborate this Article.
Article 29b. Rules for applying contractor
selection methods
1. Employers shall consider applying one of the contractor
selection methods specified in clause 1 Article 20 of this Law in the
corresponding cases and upon their satisfaction of the relevant conditions set
out in Articles 21, 22, 23, 24, 25, 26, 27, 28, 29 and 29a of this Law.
2. If the employer decides not to apply any of the
contractor selection methods specified in point a and point c clause 1 Article
20 of this Law to which its package is eligible, the employer may apply one of
the methods specified in point b clause 1 Article 20 of this Law without
satisfying the corresponding conditions for applying such method.
3. The Government shall elaborate this Article.”.
18. Point a clause 1 Article 30 is amended as
follows:
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19. Some points and clauses of Article 31 are
amended as follows:
a) Point c is added following point b clause 1
Article 31 as follows:
“c) Competitive bidding or limited bidding for a
package for purchase of drugs, medical supplies or medical devices.”;
b) Clause 1a is added following clause 1 Article 31
as follows:
“1a. In case the employer organizes
competitive bidding for a package requiring the use of technologies or products
included in the List of prioritized high technologies, the List of recommended
hi-tech products or the List of strategic technologies and their products as
prescribed by the law on science, technology and innovation, the law on high
technology, the procedure prescribed in this Article may be adopted.“.
20. Clause 2a is added following clause 2 Article
34 as follows:
“2a. Investor appointment:
a) The investor appointment method is applied to
the following investment projects: a project which is proposed by the investor
that has the ownership or right to use strategic technologies; a project which
should be executed by the investor that has taken charge of construction of
digital infrastructure/digital platform so as to ensure technical connection,
compatibility and synchronization; investment projects which require
acceleration in execution progress, are meant to promote socio-economic
development and/or protect national interests as proposed by investors in
accordance with the Government’s regulations;
b) Competent authorities shall decide to apply the investor
appointment method to the projects prescribed in point a of this clause.”.
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“Article 34a. Investor selection in
special circumstances
1. Investor selection in special circumstances
shall apply to investment projects that have one of the following requirements:
a) The project has specific requirements regarding
national defense and security, external affairs, border and territorial
security, national interests, performance of national political tasks;
b) There are specific requirements regarding order
placement or assignment of tasks to execute projects in strategic fields, key
or nationally significant development investment projects in the field of
science, technology and innovation;
c) The project has specific requirements regarding
investment procedures, investor selection procedures, procedures for land
allocation or land lease or allocation of sea areas or other specific
requirements which cannot be satisfied if the project is executed adopting one
of the investor selection methods specified in clauses 1, 2 and 2a Article 34
of this Law.
2. Competent authorities shall decide the investor
selection in special circumstances as prescribed in clause 1 of this Article.
3. The Government shall elaborate this Article.”.
22. Some clauses of Article 40 are amended and
abrogated as follows:
a) Point c clause 1 is amended as follows:
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b) Clause 2 is amended as follows:
“2. Power to approve the contractor selection plan:
Employers shall organize preparation and approval
of contractor selection plans. Regarding a package for which the bidding
is conducted in advance as prescribed in Article 42 of this Law or which needs
to be executed before the project approval decision is issued, if the employer
is not yet identified, the head of the unit tasked with preparing the project
shall take charge of organizing preparation and approval of the contractor
selection plan”;
c) Clause 3 is abrogated.
23. Some clauses of Article 41 are amended and
abrogated as follows:
a) Point c clause 1 is amended as follows:
“c) Tasks included in the contractor selection
plan, including tasks and corresponding values constituting the packages to
which one of the contractor selection methods specified in Articles 21, 22, 23,
24, 25, 26, 27, 28, 29 and 29a of this Law is applied;”;
b) Clause 2 is amended as follows:
“2. The contractor selection plan must be approved
according to provisions on approving power in clause 2 Article 40 of this
Law.”;
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24. Some points of clause 3 Article 42 are amended
as follows:
a) Point a is amended as follows:
“a) Preparation and submission of the contractor
selection plan for approval;”;
b) Point c is amended as follows:
“c) Preparation, appraisal (if any) and approval of
bidding documents;”.
25. Article 43 is amended as follows:
“Article 43. Contractor selection process
1. The contractor selection process includes one or
some of the following tasks:
a) Preparation for contractor selection;
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c) Evaluation of bids or proposals;
d) Contract negotiation, negotiation on the
bidder’s proposals;
dd) Submission, appraisal, approval and disclosure
of contractor selection result, provision of explanations for bidders as to why
they were not successful (if any);
e) Completion, signing and management of execution
of contract.
During the negotiation and completion of a contract
in case of direct contracting, the employer and the bidder shall also negotiate
about the price in a manner ensuring that the proposed successful bid price is
cost-saving and efficient.
2. The Government shall elaborate this Article.”.
26. Article 44 is amended as follows:
“Article 44. Bidding documents used for investor
selection
1. Bidding documents include requirements for
executing the package in terms of instructions to bidders, evaluation criteria,
draft contract and other contents.
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3. Bidding documents shall not impose any
conditions that result in limitation on the participation of a bidder or give
advantage for one or some bidders resulting in unfair competition.
4. The Government shall elaborate this Article.”.
27. Article 45 is amended as follows:
“Article 45. Contractor selection duration
1. The contractor selection duration shall be
subject to the following provisions:
a) The period for preparing EOIs, prequalification
applications or bids is counted from the first date on which the full set of
EOI request, prequalification documents or bidding documents is issued to the
date containing the bid closing time;
b) The amendment of EOI request, prequalification
documents or bidding documents must be made before the date containing the bid
closing time;
c) EOI request, prequalification document and
bidding documents shall be issued at the same time as the invitation for EOIs,
invitation for prequalification applications and invitation for bid
respectively.
2. The period for performing the tasks other than
those specified in clause 1 of this Article shall be decided by the employer in
a manner that ensures the project or package execution schedule.
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28. Clause 2 Article 48 is amended as follows:
“2. Bidding documents shall not impose any
conditions that result in limitation on the participation of an investor or
give advantage for one or some investors resulting in unfair competition.”.
29. Clause 2 Article 50 is amended as follows:
a) Point b is amended as follows:
“b) Preparation, appraisal (if any) and approval of
prequalification documents, EOI request, bidding documents or RFP;”;
b) Point dd is amended as follows:
“dd) Evaluation of prequalification applications,
EOIs, bids or proposals, invitation for contract negotiation, appraisal (if
any) and approval of contractor selection result;”.
30. Some clauses of Article 53 are amended as
follows:
a) Clause 3 is amended as follows:
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b) Clause 7 is amended as follows:
“7. The Government shall elaborate this Article and
provide regulations on the aggregation of centralized procurement demands of
private health facilities and health facilities that are public service units
self-covering both recurrent and investment expenses or public service units
self-covering recurrent expenses.”.
31. Clause 3 Article 55 is amended as follows:
“3. In case private health facilities and health
facilities that are public service units self-covering both recurrent and
investment expenses or public service units self-covering recurrent expenses do
not apply the provisions of this Law to their procurement of drugs, chemicals,
test equipment and medical devices, reimbursement of costs from the health
insurance fund shall be carried out in accordance with the Government’s
regulations.”.
32. Article 57 is amended as follows:
“Article 57. Provision of public products and
services
In addition to the contractor selection methods
prescribed in Chapter II of this Law, the selection of contractors supplying
public products/services and other goods/services may also be conducted in the
form of task assignment according to the Government's regulations.”.
33. Some points and clauses of Article 58 are
amended as follows:
a) Point a clause 3 is amended as follows:
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b) Clause 3a is added following clause 3 as
follows:
“3a. Technique-based method:
a) The technique-based method may apply to the
packages which require the use of technologies or products included in the List
of strategic technologies and their products as prescribed by the law on
science, technology and innovation, and the law on high technology;
b) The bidder that has a bid meeting technical
requirements and the highest technical score shall be ranked first, and invited
to the opening of financial proposal as the basis for contract negotiation.”;
c) Clause 4 is amended as follows:
“4. Responsiveness to the capacity and experience
requirements shall be evaluated on pass/fail basis. Responsiveness to the
technical requirements shall be evaluated on either scoring or pass/fail basis.
Where the combined technique and price-based method prescribed in clause 3 or
the technique-based method prescribed in clause 3a of this Article applies,
technical criteria shall be evaluated on the basis of a scoring system.
When the evaluation is based on a scoring system, the minimum technical
qualifying score shall be at least 70% of total technical score.”.
34. Point dd and point e clause 1 Article 61 are
amended as follows:
“dd) has the lowest bid price after error
correction and deviation adjustment (if any), and deducting the value of
discounts (if any), if the least-cost method applies; or has the lowest
evaluated price, if the evaluated-price method applies; or has the highest
combined score, if the combined technique and price-based method applies; or
has the highest technical score, if the technique-based method applies;
e) has a proposed successful bid price not
exceeding the approved package price. For a construction package, if the bid
price quoted by a bidder is unusually lower than the package price, the
employer shall request the bidder to provide explanation and clarification of
the feasibility and rationality of the quoted bid price as the basis for
evaluation of the responsiveness or rejection of the bid according to the
Government's regulations.”.
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a) Point a is amended, and point a1 is added
following point a clause 2 as follow:
“a) Criteria for evaluation of the investor’s
capacity, including: the equity arrangement capacity, except the case specified
in point a1 of this clause; capacity to raise borrowed capital, and other
lawful funding sources.
In the case of a consortium, the investor’s
capacity shall be determined by the aggregate capacity of the consortium
members; any investor as the lead member of the consortium must make a capital
contribution equaling at least 30% of the consortium’s equity while each member
of the consortium must make a capital contribution equaling at least 15% of the
consortium’s equity;
a1) The following investors are not required to
demonstrate their equity arrangement capacity: science and technology
enterprises, startup companies, innovation centers, startup support
organizations as prescribed by law on science, technology and innovation;
hi-tech incubators, hi-tech enterprise incubators, hi-tech enterprises,
enterprises established from an investment projects on manufacturing of hi-tech
products as prescribed by the law on high technology;”;
b) Clauses 4a, 4b and 4c are added following clause
4 as follows:
“4a. In case of international investor
selection, any foreign investors making commitment to transfer technologies to domestic
investors or partners shall be given incentives during evaluation of their
bids.
4b. Regarding an investor-proposed investment
project applying the investor appointment method, the investor’s proposal shall
be evaluated adopting the pass/fail method on the basis of evaluation criteria
set out in points a and c clause 2 of this Article.
4c. Upon completion of the bid evaluation, if there
are at least two investors achieving the same combined score which is also the
highest score, the investor having experience in executing similar projects
shall be prioritized.
The investor that is an organization or enterprise
specified in point a1 clause 2 of this Article may declare projects/works which
it has directly executed and to which technologies have been successfully
applied to prove its experience in executing similar projects.”.
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“c) The bidder to be contracted for executing a
package whose price falls within the limit for application of direct contracting
method.”.
37. Clause 4 Article 70 is amended as follows:
“4. The employer shall consider deciding any
modification to the contract resulting in changes in the contract execution
schedule or an increase in the approved package price (including contingencies)
provided that the project execution duration or the total investment or total
funding in the procurement cost estimate will not be exceeded. However, any
increase in price shall not make the contract price exceed the total investment
or total funding in the procurement cost estimate. In case a project or
procurement cost estimate comprises multiple packages, any increase in price
shall not make the sum of contract prices exceed the total investment or total
funding in the procurement cost estimate.”.
38. Some points and clauses of Article 78 are
amended as follows:
a) Point a clause 1 is amended as follows:
“a) The contractor selection plan;”;
b) Clauses 1a and 1b are added following clause 1
as follows:
“1a. Respond to requests for clarification of
EOI request, prequalification documents, bidding documents or RFP.
1b. Request bidders to provide clarifications to
their EOIs, prequalification applications, bids or proposals during evaluation
process.”;
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“2. Organize the appraisal of the contents
specified in points b, c and d clause 1 of this Article (if any).”;
d) Clause 4 is amended as follows:
“4. Decide to establish the expert team meeting the
requirements laid down in Article 19 of this Law in case no consultant is
employed during preparation of EOI request, prequalification documents, bidding
documents, or RFP; evaluation of EOIs, prequalification applications, bids, or
proposals.”;
dd) Clause 12 is amended as follows:
“12. Assume responsibility before the law and the
competent person for the following contents:
a) Approval of the contractor selection plan;
b) Preparation for and organization of contractor
selection; conclusion and management of performance of contract;
c) Execution progress, quality and efficiency of
the package.”;
c) Clause 13 is amended as follows:
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g) Clause 13a is added following clause 13 as
follows:
“13a. Consider giving approval or refusing to
give approval of the main contractor’s request for transfer of volume or scope
of tasks undertaken by a specific subcontractor to another organization or unit
to meet the required execution progress and quality of the package.”.
39. Some points and clauses of Article 79 are
amended and abrogated as follows:
a) Clause 1 is abrogated;
b) The first paragraph of clause 2 is amended as
follows:
“2. In case of investor selection, the procuring entity
shall discharge the following responsibilities:”;
c) Point k1 is added following point k clause 2 as
follows:
“k1) Publish information on VNEPS; provide relevant
information and documents and explanations about the fulfillment of
responsibilities specified in this clause at the request of the competent
person, inspecting/examining authorities and bidding authorities;”.
40. Some points and clauses of Article 80 are
amended as follows:
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“1a. Be honest and objective in performing
tasks.";
b) Clause 2a is added following clause 2 as
follows:
“2a. Submit prequalification documents, EOI
request, RFP, bidding documents, shortlist and contractor selection result for
approval.”.
41. Clause 4a is added following clause 4 Article
82 as follows:
“4a. Manage and control volume and scope of
tasks of the package undertaken by subcontractors; submit to the employer
report on any transfer of volume of tasks of subcontractors to other
organizations or units to meet the required execution progress and quality of
the package.”.
42. Point dd clause 2 Article 84 is amended as
follows:
“dd) Carry out examination and supervision of
bidding activities;”.
43. Some points and clauses of Article 86 are
amended as follows:
a) Point b clause 2 is amended as follows:
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b) Point c clause 3 is amended as follows:
“c) Bidding authorities affiliated to Ministries,
central-government regulatory authorities and local governments shall carry out
regular supervision of bidding activities in respect of packages of projects,
investment projects or procurement cost estimates in administrative divisions
or sectors under their management, and the activities specified in point d
clause 7 Article 3 of this Law;”;
c) Point dd clause 3 is amended as follows:
“dd) Supervision of bidding activities covers
one or some of the following contents: prequalification documents, EOI request,
bidding documents, RFP; evaluation of prequalification applications, EOIs, bids,
proposals, applications for project execution; contractor/investor selection
process; application of contractor/investor selection method; packages/projects
applying the direct contracting/investor appointment method and
contractor/investor selection in special circumstances; performance of bidding
tasks by employers/procuring entities; satisfaction of requirements regarding
the execution schedule, quality, and results of the packages/investment
projects by contractors/investors;”.
44. Some clauses of Article 89 are amended as
follows:
a) Clause 1 is amended as follows:
“1. If there are grounds for presuming that their
legitimate rights and interests are affected, bidders, investors, authorities
and organizations are entitled to submit petitions to competent persons,
employers or procuring entities for review or consideration of issues
concerning the contractor/investor selection process and/or results.”;
b) Clauses 4 and 5 are added following clause 3 as
follows:
“4. Petitions for review of contractor/investor
selection results shall be settled by employers, procuring entities or councils
in charge of petition settlement.
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45. Clause 2 Article 21; clause 9 Article 39; point
b clause 2 Article 76; clause 2 and clause 3, the letter “d,” in clause 5, the
phrase “2, 3,” in clause 8 Article 77; Articles 90, 91, 92 and 93 are
abrogated.
46. The phrase “, bên mời thầu” (“,procuring
entity”) in point b clause 4 and clause 4a Article 6; point c clause 1 Article
15; point a clause 3 Article 32; point a clause 3 Article 33; point b clause 1
Article 55; point b clause 8 Article 77 is abrogated.
47. The phrase “, hồ sơ yêu cầu” (“, RFP”) in point
a clause 2 Article 6 is abrogated.
48. The phrase “, người đứng đầu doanh nghiệp nhà
nước, doanh nghiệp do doanh nghiệp nhà nước nắm giữ 100% vốn điều lệ” (“, heads
of state-owned enterprises and wholly state-owned enterprises”) in point c
clause 2 Article 53; and the phrase “, doanh nghiệp” (“, enterprises”) in
clause 4 Article 53 are abrogated.
49. The phrases “người có thẩm quyền,” (“competent
person,”), “kế hoạch tổng thể lựa chọn nhà thầu, kế hoạch lựa chọn nhà thầu;”
(“contractor selection master plan, contractor selection plan;") in clause
2 Article 19 are abrogated.
50. The phrase “bên mời thầu” (“procuring entity”)
is replaced with the phrase “chủ đầu tư” (“employer”) in clauses 19, 20 and 22
Article 4; point b clause 1 Article 8; point dd clause 9 Article 14.
51. The phrase “bên mời thầu” (“procuring entity”)
is replaced with the phrase “chủ đầu tư, bên mời thầu” (“employer, procuring
entity”) in clause 21 and clause 23 Article 4; clause 3 Article 9; clause 6 and
clause 8 Article 14; point c clause 3 and point b clause 7 Article 16; clause 5
Article 51; clause 2 Article 80; clause 1 Article 82.
52. The phrase “bên mời thầu” (“procuring entity”)
is replaced with the phrase “bên mời thầu, tổ chuyên gia” (“procuring entity,
expert team”) in clause 2 Article 81.
53. The phrase “Bộ Kế hoạch và Đầu tư” (“Ministry
of Planning and Investment of Vietnam”) is replaced with the phrase “Bộ Tài
chính” (“Ministry of Finance of Vietnam”) in clause 2 Article 84, point c
clause 3 and clause 4 Article 87.
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1. Some clauses of Article 3 are amended as
follows:
a) Clauses 1 and 2 are amended as follows:
“1. Pre-feasibility study report or investment
policy proposal report means a document describing the subject matters of a
preliminary study, including necessity, feasibility and effectiveness of an
investment project in the public-private partnership form (hereinafter referred
to as “PPP project”), as a basis for competent authorities’ issuance of
investment policy decisions.
2. Feasibility study report or construction
investment technical-economic report means a document describing subject
matters of the study related to the necessity, feasibility and effectiveness of
a PPP project as a basis for competent authorities’ approval of that project.”;
b) Clause 8 is amended as follows:
“8. PPP project enterprise means an
enterprise established by an investor to serve the purpose of concluding and
executing PPP project contracts.”.
2. Some points and clauses of Article 4 are amended
as follows:
a) Clause 1 is amended as follows:
“1. PPP investment projects shall be executed in
public investment sectors or industries for the purposes of making investment
in and construction of infrastructure works or systems, and providing public
services.”;
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“e) PPP projects which are not subject to
investment policy decision requirement as prescribed in clauses 3, 4 and 5
Article 11 of this Law.”.
3. Some points and clauses of Article 5 are amended
as follows:
a) Point b clause 2 is amended as follows:
“b) Agencies or units assigned by competent
authorities to sign contracts as provided in clause 4 of this Article.”;
b) Clauses 3 and 4 are amended, and clause 5 is
added following clause 4 as follows:
“3. Determination of competent authorities in cases
where a project falls under the management of multiple competent authorities
prescribed in clause 1 of this Article or in case of change of competent
authorities shall be carried out in accordance with the Government's
regulations.
4. Competent authorities may assign their directly
controlled agencies or units to act as authorities signing contracts to execute
PPP projects within their competence.
5. The Government shall elaborate this Article.”.
4. Point a and point b clause 1 Article 9 are
amended as follows:
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b) Information about investor selection, including
invitation to bid, investor selection results;”.
5. Some points and clauses of Article 10 are
amended as follows:
a) Clause 2 is amended as follows:
“2. Approving PPP projects in the absence of investment
policies; not conforming to investment policies; ultra vires or in breach of
legally required processes and procedures prescribed in this Law, except PPP
projects which are not subject to investment policy decision requirement.”;
b) Point b clause 4 is amended as follows:
“b) Get involved in preparing and concurrently
appraising bidding documents, get involved in evaluating bids and concurrently
appraising investor selection result for the same project;”;
c) Point a and point b clause 5 are amended as
follows:
“a) Contents of bidding documents before the time
of issuance thereof as prescribed, except for cases where projects are subject
to the requirement concerning market surveys and prior consultation with
investors for preparation of such bidding documents;
b) Contents of bids, reports of the procuring
entities, reports of expert teams, appraisal reports, reports of consulting
contractors or reports of relevant specialized agencies made in the investor
selection process, investor selection results before they are disclosed
according to regulations;”.
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“Article 11. PPP project process
1. For PPP projects falling under the authority to
issue investment policy decisions of the National Assembly or the Prime Minister,
the PPP project process shall be prescribed as follows:
a) Preparing, appraising and submitting the
pre-feasibility study report to the National Assembly or the Prime Minister to
seek their investment policy decision;
b) Preparing, appraising feasibility study report,
approving the project;
c) Carrying out investor selection; concluding and
executing the project contract.
2. Unless otherwise provided in clauses 1, 3, 4 and
5 of this Article, the PPP project process shall be prescribed as follows:
a) Preparing, appraising the investment policy
proposal report, making investment policy decision;
b) Preparing, appraising feasibility study report
or construction investment economic-technical report for the PPP project for
which the construction investment economic-technical report is compulsory;
approving the project;
c) Carrying out investor selection; concluding and
executing the PPP project contract.
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a) PPP projects which are not funded by the State
capital as prescribed in Articles 70, 71 and 72 of this Law (hereinafter
referred to as “non-state-funded PPP project”);
b) PPP projects on science, technology and innovation
as prescribed by the law on science, technology and innovation (hereinafter
referred to as “science and technology PPP project”);
c) PPP projects using high technologies as
prescribed by the law on high technology, or using new technologies as prescribed
by the law on technology transfer;
d) PPP projects using O&M contracts;
dd) Projects applying BT contracts for which
payment is made using unoccupied land areas.
In case the procedures for making investment policy
decision for the projects prescribed in this clause must be carried out as the
basis for following relevant procedures as prescribed by the land law, law on
forestry and relevant laws, the PPP project process specified in clause 2 of
this Article shall apply.
4. Regarding a PPP project which is proposed by an
investor without using state capital or proposed by an investor that has the
ownership or right to use technologies included in the List of strategic
technologies and their products as prescribed by the law on science, technology
and innovation, the law on high technology, and falls in the case of investor
appointment as prescribed in clause 1 Article 39 of this Law, except those
projects prescribed in clause 1 of this Article, the PPP project process shall
be prescribed as follows:
a) The investor makes feasibility study report
which is accompanied with the capacity profile and draft contract;
b) The competent authority organizes appraisal of
feasibility study report, and approves the project and the investor appointment
result;
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5. For a PPP project using BT contract without
payment requirements, PPP project process shall be subject to the following
provisions:
a) The investor proposes the project and makes
feasibility study report which is accompanied with the draft contract;
b) The competent authority organizes appraisal of
feasibility study report, and approval of the project and the draft contract;
c) Concluding and executing the project contract;
organizing supervision of construction and execution of the works, and carrying
out test acceptance of finished works in accordance with the same regulations
of law on construction as those applied to public investment projects.
The projects specified in this clause shall not be
subject to provisions on investor selection in Chapter III and provisions on
implementation of project contracts in Articles 53, 54, 58, 59, 61, 62, 63, 64,
65 and 66 of this Law.
6. In case where a PPP project has a construction
work requiring an architectural proposal test, the test may be considered and
approved under an investment policy decision prescribed in clause 1 or clause 2
of this Article. Regarding a project which is not subject to investment policy
decision requirement, the competent authority shall organize the architectural
proposal test during the preparation of the feasibility study report for the
PPP project. The architectural proposal test must comply with provisions of law
on architecture.
7. Public investment projects under public
investment plans which are considered to be converted into PPP projects shall,
depending on the importance, scale and nature of each project, comply with the
processes specified in clauses 1, 2, 3, 4 and 5 of this Article.
8. The Government shall elaborate this Article.”.
7. Article 12 is amended as follows:
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1. The National Assembly shall be vested with
authority to issue decisions on investment policies for PPP projects which are
classified as projects of national significance according to the criteria set
out in the law on public investment, except nuclear power plant projects.
2. The Prime Minister shall be vested with
authority to issue decisions on investment policies for nuclear power plant
projects.
3. Except for the projects specified in clauses 1
and 2 of this Article, Ministers, heads of central authorities and other
agencies shall be vested with authority to issue decisions on investment
policies for the following PPP projects:
a) State-funded projects falling under the
management of Ministries, central authorities or other agencies;
b) Projects applying BT contracts for which payment
is made using state budget-derived funding, and which fall under the management
of Ministries, central authorities or other agencies.
4. Except for the projects specified in clauses 1,
2 and 3 of this Article, provincial-level People’s Councils shall be vested
with authority to issue decisions on investment policies for the following PPP
projects:
a) Group-A projects, as prescribed by the Law on
public investment, which are funded by the State and fall under the management
of local governments;
b) The projects which are specified in clause 3
Article 5 of this Law, managed by competent authorities that are local
governments as assigned, classified as group-A projects as prescribed by the
Law on public investment, and funded by the State;
c) The projects applying BT contracts for which
payment is made using state budget-derived funding, which have total investment
equivalent to that of group-A projects as prescribed by the Law on public
investment, and in which investors are paid using public investment capital.
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a) The projects which fall under the management of
local governments, have total investment equivalent to that of group-B or
group-C projects as prescribed by the Law on public investment, and are funded
by the State;
b) The projects which are specified in clause 3
Article 5 of this Law, managed by competent authorities that are local
governments as assigned, and have total investment equivalent to that of group
B or C projects as prescribed by the Law on public investment, and are funded
by the State;
c) The projects applying BT contracts for which
payment is made using state budget revenues earned from the auction of land use
rights or public property pieces which fall under the management of local
governments;
d) The projects applying BT contracts for which
payment is made using state budget-derived funding, which have total investment
equivalent to that of group-B or group-C projects as prescribed by the Law on
public investment, and in which investors are paid using public investment
capital.
6. In case of adjustment of policies for investment
in PPP projects, authority to make decisions on adjustment of policies for
investment in PPP projects shall comply with regulations laid down in clause 2
of Article 18 of this Law.”.
8. Article 13 is amended as follows:
“Article 13. Procedures for making decisions on
investment policies for PPP projects
1. Procedures for issuing decisions on investment
policies for PPP projects falling under the National Assembly’s jurisdiction
shall comply with the following regulations:
a) PPP project preparation unit prepares a
pre-feasibility study report as a basis for the relevant competent authority to
submit it to the Government;
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c) The Government prepares complete documentation
submitted to the National Assembly for its consideration and decision;
d) The National Assembly’s affiliate verifies and reviews
the documentation submitted by the Government;
dd) The National Assembly considers ratifying a
resolution regarding investment policies for the project with the following
contents: objectives; proposed scale, location; project execution duration; demands
for land and other resources (if any); proposed type of PPP project contract;
preliminarily estimated total investment; preliminary financial plan; structure
of funds invested in the project; expected price bracket; prices of public
products and services with respect to projects applying the user-pays
principle; mechanism for guarantee of investment and distribution of revenue
reductions (if any); competent authority’s name.
2. The Government shall provide for the procedures
for issuing decisions on investment policies for PPP projects falling under the
jurisdiction of the Prime Minister, Ministers, heads of central authorities,
other agencies, provincial-level People’s Councils or provincial-level People’s
Committees.".
9. Point b clause 1 Article 14 is amended as
follows:
“b) Conformity with the sectors or industries
specified in clause 1 Article 4 of this Law; availability of opinions given by
the Ministry of National Defence of Vietnam, the Ministry of Public Security of
Vietnam, in respect of projects in national defense, security and social order
and safety sectors or industries;”.
10. Clause 3 Article 18 is amended as follows:
“3. Procedures for modification of investment
policies for PPP projects are subject to the Government’s regulations.”.
11. Article 21 is amended as follows:
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1. Ministers, heads of central authorities or other
agencies or persons having delegated competence as prescribed in clause 3 of
this Article shall be vested with authority to approve PPP projects falling
under their management, including:
a) Projects prescribed in clauses 1, 2 and 3
Article 12 of this Law;
b) Non-state-funded projects, except those projects
subject to investment policy decisions issued by the National Assembly;
c) Projects applying O&M contract; projects
applying BT contract for which payment is made using unoccupied land areas;
projects applying BT contract without payment requirements;
d) Science and technology PPP projects, projects
using high technologies as prescribed by the law on high technology, or using
new technologies as prescribed by the law on technology transfer.
2. Chairpersons of provincial-level People’s
Committees or persons having delegated competence as prescribed in clause 3 of
this Article shall be vested with authority to approve the following PPP
projects:
a) Projects prescribed in clauses 1, 2, 4 and 5
Article 12 of this Law;
b) Projects prescribed in points b, c and d clause
1 of this Article and falling under the management of local governments.
3. The Government shall elaborate this Article.”.
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”3. Authority to approve modification of PPP
projects shall comply with provisions of Article 21 of this Law. Procedures for
modification of PPP projects are subject to the Government’s regulations.”.
13. Article 26 is amended as follows:
“Article 26. Requirements, procedures for
preparation of investor-proposed PPP projects
1. An investor-proposed PPP project must meet the
following requirements:
a) Conforming to eligibility requirements of a
project for PPP investment specified at points a, b, c and d clause 1 of
Article 14 of this Law;
b) Ensuring that a PPP project is not duplicated
with other PPP projects for which competent authorities have prepared
pre-feasibility study reports or approved of other investors preparing
pre-feasibility study reports;
c) Conforming to relevant socio-economic
development plans and plannings in accordance with regulations of law on
planning that have already obtained decisions or approval from competent
authorities.
2. The Government shall provide detailed
regulations on procedures for preparation of investor-proposed PPP projects.”.
14. Clause 3 Article 28 is amended as follows:
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15. Clause 3 Article 30 is amended as follows:
“3. The consultant on preparation and appraisal of
bidding documents; evaluation, appraisal of investor selection result;”.
16. Article 31 is amended as follows:
“Article 31. Domestic and international investor
selection
1. The domestic investor selection shall be made in
the forms prescribed in Articles 37, 38, 39 and 40 of this Law. Only investors
established under Vietnamese law (hereinafter referred to as “domestic
investors”) may participate in this selection process.
2. The international investor selection shall be
made in the forms prescribed in Articles 37, 38, 39 and 40 of this Law. Both
investors established under the law of foreign countries (hereinafter referred
to as “foreign investors”) and domestic investors may participate in this
selection process.
3. The process of international investor selection
may be applied to all PPP projects, except:
a) Projects in the industries and trades from which
foreign investors are prohibited in accordance with the law on investment;
b) Projects which must be executed adopting domestic
bidding because of their national defense, security and state secret protection
requirements;
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d) Projects which are other than those specified in
points a, b and c of this clause and in which there is no foreign investor is
interested after all surveys have been properly carried out.
4. Regarding projects to be executed in land areas
with restricted access or sea areas with restricted access as prescribed in the
land law and relevant laws, competent authorities shall decide to organize
whether international investor selection or domestic investor selection on the
basis of opinions given by the Ministry of National Defence of Vietnam, the
Ministry of Public Security of Vietnam, the Ministry of Foreign Affairs of
Vietnam.”.
17. Points a, b and c clause 1 Article 34 are
amended as follows:
“a) All bids are considered substantially
nonresponsive to the bidding documents;
b) Objectives and scale mentioned in the bidding
documents are changed;
c) The bidding documents fail to comply with
regulations laid down in this Law or other relevant laws to the extent that the
selected investor fails to meet the requirements for project implementation;”.
18. Point b clause 2 Article 36 is amended as
follows:
“b) Such decisions must be made based on the
investment policy decision (if any); the project approval decision; the bidding
documents; bids; investor selection results; the contract that has been signed
with the selected investor; actual situation of project implementation.”.
19. Some points and clauses of Article 39 are
amended as follows:
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“c) Projects are proposed by investors that have
the ownership or rights to use strategic technologies;
d) A project should be executed by the investor
that has taken charge of construction of digital infrastructure/digital
platform so as to ensure technical connection, compatibility and
synchronization;
dd) Projects require acceleration in execution
progress, are meant to promote socio-economic development and/or protect national
interests, are proposed by investors and approved by competent authorities.”;
b) Clause 2 is amended as follows:
“2. Regarding the projects specified in clause 1 of
this Article, authorities having competence in granting approval of projects
shall decide the appointment of investors executing such projects.
Before deciding the appointment of investors
executing the projects specified in point a clause 1 of this Article, competent
authorities are required to get written opinions from the Ministry of National
Defence of Vietnam, Ministry of Public Security of Vietnam about national
defense, security and state secret protection requirements.”;
c) Clause 3 is added following clause 2 as follows:
“3. The Government shall elaborate this Article.”.
20. Article 40 is amended as follows:
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1. Investor selection in special circumstances
shall apply to PPP projects that have one of the following requirements:
a) The project has specific requirements regarding
protection of national interests, performance of national political tasks;
b) There are specific requirements regarding order
placement or assignment of tasks to execute projects in strategic fields, key
or nationally significant development investment projects in the field of
science, technology and innovation;
c) The project has specific requirements regarding
investment procedures, investor selection procedures, or other specific
requirements which cannot be satisfied if the project is executed adopting the
investor selection methods specified in Articles 37, 38 and 39 of this Law.
2. Competent authorities shall decide the investor
selection in special circumstances as prescribed in this clause.
3. The Government shall elaborate this Article.”.
21. Some clauses of Article 42 are amended as
follows:
a) Clause 1 is amended as follows:
“1. The investor’s capacity shall be evaluated
adopting the pass/fail method on the basis of evaluation criteria set out in
the bidding documents, including:
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b) Capacity to raise borrowed capital, and other
lawful funding sources.
In the case of a consortium, the investor’s
capacity shall be determined by the aggregate capacity of the consortium
members. Any investor acting as the lead member of the consortium must make a
capital contribution equaling at least 30% of the consortium’s equity while
each member of the consortium must make a capital contribution equaling at
least 15% of the consortium’s equity.”;
b) Clause 1b is added following clause 1 as
follows:
“1a. The following investors are not required
to demonstrate their equity arrangement capacity: science and technology
enterprises, startup companies; innovation centers, startup support
organizations as prescribed by law on science, technology and innovation;
hi-tech incubators, hi-tech enterprise incubators, hi-tech enterprises,
enterprises established from investment projects on manufacturing of hi-tech
products as prescribed by the law on high technology.”;
c) Clauses 3a, 3b and 3c are added following clause
3 as follows:
“3a. In case of science and technology PPP
projects applying international investor selection, any foreign investors
making commitment to transfer technologies to domestic investors or partners
shall be given incentives during evaluation of their bids.
3b. Regarding an investor-proposed project applying
the investor appointment method, the investor’s proposal shall be evaluated
adopting the pass/fail method on the basis of capacity and financial-commercial
criteria.
3c. Upon completion of the bid evaluation, if there
are at least two investors whose financial-commercial proposals are equally
evaluated, the investor having experience in executing similar projects shall
be prioritized.
The investor that is an organization or enterprise
specified in clause 1a of this Article may declare projects/works which it has
directly executed and to which technologies have been successfully applied to
prove its experience in executing similar projects.”.
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a) Clause 1 is amended as follows:
“1. After the decision to approve the investor
selection results is issued, the investor shall establish a PPP project
enterprise in a form of a limited liability company or a joint-stock company
that is not a public company with the purposes of signing and implementing PPP
project contract, except the case prescribed in clause 4 of this Article. The
application for enterprise registration shall contain the details prescribed by
the Law on Enterprises and the decision on approval of investor selection
results.”.
b) Clauses 4 and 5 are added following clause 3 as
follows:
“4. An investor is not required to establish a PPP
project enterprise but must manage and record revenues and costs of the PPP
project separately from those of the investor’s other business lines in the
following cases:
a) The investor is a state-owned enterprise;
b) The project applies BT contract; it is a science
and technology PPP project;
c) Total investment of the project is equivalent to
that of group-B or group-C projects as prescribed by the Law on public
investment.
5. A PPP project enterprise is entitled to engage in
business lines other those falling within the scope of the PPP contract upon
its satisfaction of the following requirements:
a) Engagement in such other business lines is
approved by the lender;
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c) Engagement in such other business lines does not
affect rights, obligations and responsibilities of investors, PPP project
enterprise under the PPP project contract.”.
23. Point b clause 2a Article 45 is amended as
follows:
“b) BT contract for which payment is made using
state budget-derived public investment funding or state budget revenues which
are earned from auction of land use rights or public property, and then
recorded as state budget revenues and expenses. The value of the BT
project works includes total investment in construction works as determined
according to regulations of the law on construction and other costs arising
after the construction stage, including loan interests incurred after the
construction stage and reasonable profits earned by the investor;”.
24. Article 47 is amended as follows:
“Article 47. PPP project contracts
1. A PPP project contract must specify rights and
obligations of the contracting authority, the investor and the PPP project
enterprise. In case the investor does not establish any PPP project enterprise,
the PPP project contract must include the provision that the investor shall
fully exercise and discharge rights, obligations and responsibilities of the
PPP project enterprise as prescribed in this Law.
2. The Government shall elaborate this Article.”.
25. Some points and clauses of Article 51 are
amended as follows:
a) Point a clause 3 is amended as follows:
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b) Points d and dd clause 3 are amended as follows:
“d) There is any change in planning, policies and
relevant laws to the extent of a reduction in revenue compared with the revenue
target in the financial plan specified in the contract by a percentage as
agreed upon by the contracting parties according to clause 2 Article 82 of this
Law;
dd) There is an increase in revenue compared with
the revenue target in the financial plan specified in the contract by a
percentage as agreed upon by the contracting parties according to clause 1
Article 82 of this Law.”;
c) Clause 4 is added following clause 3 as follows:
“4. Regarding an investor-proposed project applying
the investor appointment or investor selection in special circumstances, the
parties to the project contract shall annually provide updated information on
the actual revenue of the project as the basis for making adjustment in the
contract duration as prescribed in point d or point dd clause 3 of this
Article.”.
26. Some points and clauses of Article 52 are
amended as follows:
a) Point a clause 2 is amended as follows:
“a) If the project is affected by a force majeure
event or any change in the relevant planning, policies or laws, despite all
remedial actions taken by parties, the continued execution of the PPP project
contract will not be ensured;”;
b) Point e is added following point dd clause 2 as
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c) Point c is added following point b clause 2a as
follows:
“c) The case prescribed in point e clause 2 of this
Article where the investor and PPP project enterprise have fully implemented
relevant procedures during their performance of scientific research and
technological development activities as prescribed by the law on science,
technology and innovation, and the reduced revenue has been duly audited by the
State Audit Office.”;
d) Clause 6a is amended as follows:
“6a. Use of public investment capital for
paying compensation and costs associated with early termination shall be
subject to the following provisions:
a) If the early termination occurs during the
construction stage, the competent authority shall, pursuant to the decision
issued by the competent authority defined in clause 2 Article 93, or clause 3
Article 94 of this Law, formulate a project using public investment capital,
including costs of investment in and construction of the remaining part of
works, and compensation and costs associated with early termination paid to the
investor or project enterprise. Procedures for issuance of investment policy
decision or decision on investment in the project prescribed in this point
shall be followed in accordance with regulations of law on public investment.
Where the competent authority decides not to
continue investment in and construction of the remaining infrastructure works
or systems, the competent authority shall follow procedures for making payment
to the investor or PPP project enterprise as prescribed in point b of this
clause;
b) If the early termination occurs during the commercial
operation stage, the competent authority shall, pursuant to the decision issued
by the competent authority defined in clause 2 Article 93, or clause 3 Article
94 of this Law, submit a report requesting the above-mentioned competent
authority to include capital in the medium-term and annual public investment
plans or include the estimated costs in the central- or local-government budget
plan in accordance with regulations of law on public investment and law on
state budget. The tasks specified in this point shall be fulfilled following
corresponding procedures for each funding source prescribed in the law on
public investment and law on state budget.”.
27. Some clauses of Article 54 are amended as
follows:
a) Clause 1 is amended as follows:
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b) The first paragraph of clause 3 is amended as
follows:
“3. The transfer stipulated in clause 1 of this
Article must satisfy the following requirements:”;
c) Clause 5 is amended as follows:
“5. In case where the transfer specified in clause
1 of this Article changes the contents of enterprise registration, the PPP
project enterprise must comply with relevant provisions of the enterprise
law.”.
28. Clause 2 Article 60 is amended as follows:
“2. After completion of the infrastructure work or
system, the contracting authority and the PPP project enterprise shall carry
out the settlement of public capital invested in construction of the
infrastructure work or system. Regarding a PPP project for which the investor
is selected applying the competitive bidding or competitive negotiation method,
settlement value of capital invested in construction of the infrastructure work
or system or the settlement value of capital invested in the project without
construction components shall be determined on the basis of the signed
contract. Regarding a PPP project for which the investor is selected applying
the investor appointment or investor selection in special circumstances, the
contract duration shall be adjusted according to the settlement value if this
settlement value is lower than the contract value.".
29. Point c clause 2a Article 69 is amended as
follows:
“c) It's a science and technology PPP project;
project receives transfer of high, new or advanced technology from a private
investor and thus needs to use an amount of state capital higher than that
prescribed in clause 2 of this Article for the purpose of ensuring feasibility
of the project’s financial plan.”.
30. Some clauses of Article 82 are amended as
follows:
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”1. When the actual revenue is 110% - 125% of the
revenue target in the financial plan under a PPP project contract, the
investor/the PPP project enterprise will share with the State 50% of the
difference between the actual revenue and the revenue target in the financial
plan. The competent authority shall determine the specific increased revenue
sharing ratio during negotiation conducted with the investor/project
enterprise. The increased revenue may be shared after adjustment in the prices
and costs of public products and services or duration of the PPP project
contract according to the provisions of Article 50, 51 and 65 of this Law and
must be audited by the State Audit Office.
Regarding a science and technology PPP project, the
investor/PPP project enterprise is not required to share the increase in its
revenue earned in the first 03 years from the date of official commencement of
operation and business;”.
b) Clause 2 is amended as follows:
”2. When the actual revenue is 75% - 90% of the
revenue target in the financial plan under a PPP project contract, the State
will share with the investor/the PPP project enterprise 50% of the difference
between the revenue target in the financial plan and the actual revenue. The
competent authority shall determine the specific reduced revenue sharing ratio
during negotiation conducted with the investor/project enterprise. Sharing of
reduced revenues may occur if the following requirements are satisfied:
a) Projects are developed and executed under BOT,
BTO or BOO contracts;
b) Changes in relevant planning, policies and laws
result in a reduction in revenue;
c) There is a financial plan which has been
adjusted according to the highest prices/fees of public products/services in
the relevant price/fee bracket or the duration of the PPP project contract has
been adjusted to 50 years but the minimum revenue requirement has not been met
yet;
d) The reduced revenue has been audited by the
State Audit Office.”;
“2a. If a science and technology PPP project
generates an amount of actual revenue lower than the revenue target in the
financial plan, within the first 03 years from the date of official
commencement of operation and business, the sharing ratio may be 100% of the
difference between the actual revenue and the revenue target in the financial
plan. Sharing of reduced revenue as prescribed in this clause may be applied if
the PPP project meets the corresponding requirements laid down in clause 2 of
this Article.”;
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”3. The mechanism for sharing of the reduced
revenue specified in clause 2 of this Article must be determined in the
decision on project approval and conformable with the investment policy
decision (if any). Based on actual situations of each sector or administrative
division in terms of availability of each capital source and level of priority
of tasks funded by state budget in each period, the project’s competent
authority shall determine feasible capital sources used for compensating the
reduced revenue, and submit a report thereon to the competent authority in
accordance with corresponding regulations applicable to each capital source.
Sources of capital to be used in the following order of priority:”;
dd) Point b clause 3 is amended as follows:
“b) The increase in revenue compared to the
estimated revenue and/or unused amount of the estimated funding for
expenditures of the central-government budget, the increase in revenue compared
to the estimated revenue and/or unused amount of the estimated funding for
development investment expenditures of local-government budget. Procedures for
formulation and approval of the project funded by the increase in revenue
compared to the estimated revenue and/or unused amount of estimated funding for
expenditures of state budget of each level as prescribed in this point shall be
followed in accordance with regulations of the law on public investment and the
law on state budget;”;
e) Clause 3a is amended as follows:
“3a. For projects falling under the authority
to issue investment policy decisions/project approval decisions of the National
Assembly, the Prime Minister, Ministers, heads of central authorities or other agencies,
use of the central-government budget for compensating reduced revenues shall be
prioritized. For projects falling under the authority to issue investment
policy decisions/ project approval decisions of provincial-level People’s
Councils or provincial-level People’s Committees, use of the local-government
budget for compensating reduced revenues shall be prioritized. For a project
executed in 02 provincial-level administrative divisions or more, the
provincial-level People’s Committee that is assigned to act as the competent
authority of the project shall determine and include the responsibility of each
provincial-level government to compensate the reduced revenue in the project’s
investment policy decision or project approval decision.”.
31. Article 84 is amended as follows:
“Article 84. Inspection of PPP investments
1. The inspection of PPP investments shall be aimed
at competent authorities, contracting authorities, investors, PPP project
enterprises and other authorities, organizations and individuals involved in
PPP investment activities regulated under this Law.
2. Organization and operation of agencies in charge
of inspection of PPP investment activities shall comply with provisions of the
Law on inspection.”.
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a) Clause 1 is amended as follows:
“1. Undertake the preparation of pre-feasibility
study reports, investment policy proposal reports, feasibility study
reports for PPP projects; the investor selection; negotiation and conclusion of
PPP project contracts according to their competence specified in this Law.”;
b) Clause 3 is amended as follows:
“3. Decide to terminate or suspend PPP project
contracts for projects falling under their authority to sign contracts.”.
33. Article 99a is added following Article 99 as
follows:
“Article 99a. Settling issues concerning
reduced revenues of BOT traffic projects with contracts signed before effective
date of this Law
1. Regarding BOT road projects with contracts
signed before January 01, 2021, the State shall share with investors/PPP
project enterprises the difference between the revenue target in financial plan
and the actual revenue at the specified ratio.
2. Sharing of reduced revenue as prescribed in
clause 1 of this Article may be applied if the following requirements are met:
a) The project is affected by changes in plannings,
policies and relevant laws of the State, and, after implementing adjustment
measures as prescribed by law and making adjustments in road service fees and
duration of the project contract, the actual revenue earned in the last 03
years is still less than 75% of the revenue target in the financial plan under
the PPP project contract and the efficiency of the financial plan will not be
ensured;
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c) The contracting authority has negotiated with
the investor/project enterprise and the lender about the return on equity, rate
of interests on borrowed capital, and debt repayment plan included in the
financial plan. If the adjusted financial plan is considered unfeasible, the
mechanism for sharing of reduced revenue specified in this Article will not
apply;
d) The reduced revenue and amount thereof to be
shared by the State have been duly audited by the State Audit Office.
3. Sharing of reduced revenue specified in clause 2
of this Article shall be applied once without following procedures for
adjustment of the investment policy/project adjustment procedures. Ministers,
Chairpersons of provincial-level People’s Committees shall decide to apply the
mechanism for sharing of reduced revenue and specific sharing ratio to the
projects to which they granted approval in accordance with the Government’s
regulations and in a manner that ensures
fairness, transparency, and no increase in road service fees and
charging periods under the signed contract.
4. Funding sources used for compensating reduced
revenues as prescribed in this Article shall comply with provisions of clause 3
Article 82 of this Law.
5. The Government shall elaborate this Article.”.
34. Clauses 7, 12 and 14 Article 3; Article 6;
clause 2 and clause 3 Article 14; Article 15; Article 16; Article 17; clause 4
Article 18; Article 19; Article 20; Article 22; Article 23; clause 4 Article
24; Article 25; Article 27; clause 5 Article 29; clause 2 Article 37; Article
41; clause 4 Article 45; clause 2 and point b clause 4 Article 54; point b
clause 2 Article 89; Article 90; Article 91 are abrogated. Article 96 is
abrogated and the phrase “tại Điều 96 của Luật này” (“in Article 96 of this
Law”) in clause 1 and clause 2 of Article 95 is replaced with the phrase “của
Chính phủ” (“of the Government”).
Article 3. Amendments to Law on
Customs
1. Article 42 is amended as follows:
“Article 42. Eligibility requirements for
priorities
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a) It has strictly complied with regulations of the
law on customs and the law on taxation for 02 consecutive years;
b) Its annual amount or volume of commodities
exported/imported reaches the granted export/import quotas;
c) It follows e-customs procedures and e-taxation
procedures; has its software or information technology system used for managing
import/export activities connected or shared with customs authorities;
d) Payments are made via banks;
dd) Its internal control system is active;
e) It has strictly complied with regulations of law
on accounting and audit.
2. Enterprises that have been announced by the Ministry
of Science and Technology of Vietnam to be hi-tech enterprises; new enterprises
established from investment projects on manufacturing of hi-tech products;
enterprises executing strategic technology projects; enterprises executing
projects on manufacturing of key digital technology products, projects on
research and development, design, manufacturing, packaging and testing of
microchips, projects on construction of AI data centers; enterprises executing
projects on manufacturing of auxiliary products directly used in semiconductor
industry are eligible for priorities upon their fulfillment of the requirements
laid down in points c, d, dd and e clause 1 of this Article.
3. Enterprises eligible for priorities in countries
or territories that have entered into mutual recognition agreements on
enterprises granted priorities with Vietnam shall be eligible for priorities as
prescribed in this Law.
4. The Government shall provide for eligibility
requirements, procedures for recognition, extension, temporary suspension,
termination, specific priorities, and management of enterprises eligible for
priorities.”.
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“4. Enterprises prescribed in clause 2 Article 42
of this Law shall be eligible for priorities when following customs procedures
for importing/exporting goods directly relating to the semiconductor industry,
high technologies, strategic technologies or key digital technologies included
in the relevant lists announced by the Ministry of Science and Technology of
Vietnam.
HS codes of goods included in such lists mentioned
in this clause must match those in Vietnam’s nomenclature of exports and
imports.”.
3. Article 47a is added following Article 47 as
follows:
“Article 47a. Customs inspection and
supervisions of in-country exports and imports
1. In-country imports/exports are goods delivered
and received in Vietnam as designated by a foreign trader under a sales and
purchase, processing, leasing or borrowing contract signed between a Vietnamese
enterprise and that foreign trader.
2. In-country imports/exports are subject to
customs procedures and customs inspection and supervision.
3. The Government shall elaborate this Article.”.
Article 4. Amendments to Law on
Value-added Tax (VAT)
Point a clause 1 Article 9 is amended as follows:
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1. Clause 18 Article 16 is abrogated.
2. The number “18” is replaced with the phrase “các
điểm b, c và d khoản 21” (“points b, c and d clause 21”) in clause 1 Article
17.
3. Clause 21 Article 16 is amended as follows:
“21. Goods imported to serve development of
science, technology, innovation, digital technology industry, including:
a) Special-use machinery, equipment, spare parts,
supplies, scientific materials, books and journals directly used for science,
technology, innovation, digital technology industry;
b) Imports used for creating fixed assets of
investment projects on development of science, technology, innovation, digital
technology industry in accordance with regulations of law on investment, law on
science, technology and innovation, and law on digital technology industry;
investment projects include new investment projects and expanded investment
projects.
Imports used for creating fixed assets prescribed
in this point are those goods prescribed in points a, b and c clause 11 of this
Article;
c) Raw materials, supplies and components imported
to serve manufacturing and research activities of science and technology
organizations, hi-tech enterprises and new enterprises established from
investment projects on manufacturing of hi-tech products and granted
Certificates as prescribed by the law on high technology, science and
technology enterprises, and start-up centers that are exempt from import duties
within 05 years from the date of commencement of such manufacturing and
research activities;
d) Raw materials, supplies and components that
cannot be domestically produced and are imported to directly serve
manufacturing of digital technology products; raw materials, supplies and
components imported to serve research and trial production runs of research and
development centers.”.
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1. Some points and clauses of Article 16 are
amended as follows:
a) Point a clause 1 is amended as follows:
“a) Hi-tech activities, hi-tech support industry
products, research and development, manufacturing of products created from
science and technology findings as prescribed by the law on science, technology
and innovation; investment in and construction of infrastructure systems of big
data centers, cloud computing infrastructure systems, 5G or higher mobile
network infrastructure systems, and other digital infrastructure systems in the
field of strategic technologies under the Prime Minister’s decisions; investment
in strategic technologies and manufacturing of strategic technology products
under the Prime Minister’s decisions; investment in innovation and digital
transformation as prescribed by the law on science, technology and
innovation;”;
b) Point a1 is added following point a clause 1 as
follows:
”a1) Training human resources in the fields of
science, technology, innovation and digital transformation;";
c) Point dd clause 1 is amended as follows:
“dd) Manufacturing of digital technology products,
provision of digital technology services;”;
d) Point h clause 1 is amended as follows:
“h) Investment in development and operation,
management of infrastructural works; development of public passenger transport
in urban areas; rail transport business; railway industry and railway human
resource training.”;
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“b) Industrial parks, export-processing zones,
hi-tech zones, concentrated digital technology zones and economic zones.”.
2. Clause 1 Article 19 is amended as follows:
“1. Pursuant to the planning decided or approved in
accordance with regulations of the Law on Planning, Ministries, ministerial
agencies and provincial-level People’s Committees shall formulate plans for
investment, development and construction of technical infrastructure and social
infrastructure facilities beyond industrial parks, export-processing zones,
hi-tech zones, concentrated digital technology zones, and functional sections
inside the perimeter of economic zones; regarding an industrial park in which
worker housing is built, regulations of the Law on Housing shall also apply.”.
3. Some points of clause 2 Article 20 are amended
as follows:
a) Point a is amended as follows:
“a) Projects on investment in establishment
(including expansion of such establishment project) of innovation centers,
research and development centers, projects on investment in and construction of
infrastructure systems of big data centers, cloud computing infrastructure
systems, 5G or higher mobile network infrastructure systems, and other digital
infrastructure systems in the field of strategic technologies under the Prime
Minister’s decisions, projects on investment in strategic technologies and
manufacturing of strategic technology products under the Prime Minister’s
decisions with a total investment capital of at least VND 3.000 billion of
which at least VND 1.000 billion is disbursed within 03 years from the issuance
date of the investment registration certificate or the investment policy
approval; the national innovation center established under the Prime Minister's
decision;”;
b) Point a1 is added following point a as follows:
“a1) Projects on investment in manufacturing of key
digital technology products, projects on research and development, design,
manufacturing, packaging and testing of microchips, projects on construction of
AI data centers, as prescribed by the law on digital technology industry, with
a total investment capital of at least VND 6.000 billion of which at least VND
6.000 billion is disbursed within 05 years from the issuance date of the
investment registration certificate or the investment policy approval;”;
c) Point b is amended as follows:
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4. Point d is added following point c clause 1
Article 22 as follows:
“d) For projects on investment in establishment of
innovation centers, research and development centers, projects on investment in
and construction of infrastructure systems of big data centers, cloud computing
infrastructure systems, 5G or higher mobile network infrastructure systems, and
other digital infrastructure systems in the field of strategic technologies
under the Prime Minister’s decisions, projects on investment in strategic
technologies and manufacturing of strategic technology products under the Prime
Minister’s decisions, foreign investors are allowed to establish economic
organizations in charge of executing such investment projects before completing
procedures for issuance/adjustment of the investment registration
certificate.”.
5. Point c clause 4 Article 29 is amended as
follows:
“c) The investor executes the investment project in
an industrial park, hi-tech zone or concentrated digital technology zone;”.
6. Point a clause 1 Article 30 is abrogated.
7. Some points and clauses of Article 31 are
amended and abrogated as follows:
a) Points a, b, c, d, dd and g clause 1 and clause
3 are abrogated;
b) Point g2 is added following point g1 clause 1 as
follows:
“g2) Nuclear power plants;”.
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a) Points g, h, i and k are added following point e
clause 1 as follows:
“g) Investment projects that require relocation of 10.000
people or more in mountainous areas or 20.000 people or more in other areas;
h) Projects on investment in and construction of:
airports/aerodromes; runways of airports/aerodromes; passenger terminals of
international airports; cargo terminals of airports/aerodromes with a capacity
of at least 01 million tonnes per year;
i) New investment projects on air passenger
transport business;
k) Investment projects on petroleum processing.”;
b) Points b, dd and e clause 1 are amended as
follows:
“b) Projects on investment in and construction of
residential housing (for sale, lease or lease purchase) or urban areas,
regardless of areas of land used or population size;
dd) Projects on investment in construction and
commercial operation of infrastructure facilities in industrial parks,
export-processing zones, concentrated digital technology zones;
e) Projects on investment in construction of ports,
wharves of special seaports or class-I seaports;”;
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“1a. An investment project falling under the
authority to grant investment policy approval of at least 02 provincial-level
People's Committees shall be subject to the Government’s regulations.”.
9. Article 33 is amended as follows:
“Article 33. Documentation requirements and
contents of appraisal of application for investment policy approval
Documentation requirements and contents of
appraisal of application for investment policy approval shall be subject to the
Government's regulations.".
10. Article 34 is amended as follows:
“Article 34. Procedures for grant of investment
policy approval by National Assembly
1. The Ministry of Finance of Vietnam shall submit
a report requesting the Prime Minister to establish the State Appraisal Council
to conduct appraisal of the project falling under the National Assembly’s
authority to grant investment policy approval as prescribed in Article 30 of
this Law.
2. The application for investment policy approval
includes:
a) The Government’s application form;
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c) The State Appraisal Council’s appraisal report;
d) Relevant documents.
3. Contents of verification of the application for
investment policy approval include:
a) Fulfillment of the criteria for determining that
the investment project falls under the National Assembly’s authority to grant
investment policy approval;
b) Necessity of executing the investment project;
c) Conformity of the investment project with
relevant national planning or strategies, regional planning, provincial
planning, urban planning and special economic - administrative division
planning (if any);
d) Objectives, scale, location, duration, execution
schedule of the investment project, demand for land use, land clearance and
relocation plan, options to select primary technologies, and solutions for
environmental protection;
dd) Total capital investment and capital sources;
e) Assessment of socio-economic efficiency,
fulfillment of national defense, security and sustainable development
requirements of the investment project;
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4. The Government and relevant authorities, organizations
and individuals shall provide sufficient information and documents serving the
verification; provide explanation for the issues concerning the project
contents at the request of the National Assembly’s agency in charge of the
verification.
5. At least 60 days before the opening of the
meeting of the National Assembly, the Government shall prepare an application
for investment policy approval and submit it to the National Assembly’s agency
in charge of the verification.
6. The National Assembly shall consider passing a
Resolution on grant of investment policy approval, which consists of the
contents prescribed in clause 1 Article 3 of this Law.
7. Documentation requirements and procedures for
appraisal of investment projects subject to the National Assembly’s investment
policy approval, and appraisal procedures followed by the State Appraisal
Council shall comply with the Government’s regulations.”.
11. Article 35 is amended as follows:
“Article 35. Procedures for grant of investment
policy approval by Prime Minister
Documentation requirements and procedures for
appraisal of the investment projects falling under the Prime Minister’s
authority to grant investment policy approval shall be subject to the
Government's regulations.”.
12. Article 36 is amended as follows:
“Article 36. Procedures for grant of investment
policy approval by provincial-level People’s Committees
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13. Some points and clauses of Article 36a are
amended as follows:
a) The first paragraph of clause 1 is amended as
follows:
“1. Except for the investment projects specified in
Article 30 of this Law, investors are entitled to follow investment
registration procedures laid down in this Article for their projects in
industrial parks, export-processing zones, hi-tech zones, concentrated digital
technology zones, free trade zones and functional sections inside the perimeter
of economic zones in the following sectors:”;
b) Point c is added following point b clause 1 as
follows:
“c) Projects on investment in and construction of
infrastructure systems of big data centers, cloud computing infrastructure
systems, 5G or higher mobile network infrastructure systems, and other digital
infrastructure systems in the field of strategic technologies under the Prime
Minister’s decisions; projects on investment in strategic technologies and
manufacturing of strategic technology products under the Prime Minister’s
decisions.”;
c) Clause 2 is amended as follows:
“2. An application for investment registration
shall include the documents specified in Article 33 of this Law, in which the
application form for execution of the investment project includes commitments
on satisfaction of relevant conditions, standards and technical regulations as
prescribed by laws on construction, environmental protection, and firefighting
and prevention; the proposal for investment project includes identification and
forecasting of environmental impacts, and measures for minimizing negative
environmental impacts instead of preliminary assessment of environmental
impacts.”.
14. Article 38 is amended as follows:
“Article 38. Procedures for issuance of
investment registration certificate
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15. Clause 2 Article 44 is amended as follows:
“2. The duration of an investment project outside
an economic zone shall not exceed 50 years. The duration of an investment
project in a disadvantaged area or extremely disadvantaged area or an
investment project with large investment capital but with slow rate of capital
recovery; project on investment in construction and commercial operation of
infrastructure facilities of an industrial park, export-processing zone, or
concentrated digital technology zone; a project eligible for special investment
incentives and assistance as prescribed in point a clause 2 Article 20 of this
Article may be longer but shall not exceed 70 years.”.
16. Article 70 is amended as follows:
“Article 70. Examination, supervision and
assessment of investment
1. Examination, supervision and assessment of
investment activities include:
a) Examination, supervision and assessment of
investment projects;
b) Overall investment examination, supervision and
assessment.
2. Responsibility for investment examination,
supervision and assessment:
a) Investment authorities and specialized
authorities conduct overall investment examination, supervision and assessment
as well as examination, supervision and assessment of investment projects under
their management;
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3. Contents of examination, supervision and
assessment of investment projects:
a) Investment authorities and specialized
authorities shall carry out examination, supervision and assessment of the
investment projects funded by state capital according to the contents and
criteria approved in investment decisions;
b) With respect to investment projects funded by
other sources of capital, investment authorities and specialized authorities
shall carry out examination, supervision and assessment of the objectives and
conformity of the investment projects with planning and investment policies
approved by competent authorities, the investment schedule, fulfillment of
requirements regarding environmental protection, technologies, use of land and
other resources as prescribed by law;
c) Investment registration authorities shall carry
out examination, supervision and assessment of contents of investment
registration certificates and written approval for investment policies.
4. Contents of overall investment examination,
supervision and assessment:
a) Promulgation of legislative documents elaborating
investment and providing guidelines for implementation thereof; implementation
of regulations of the law on investment;
b) Progress of execution of investment projects;
c) Assessment of results of investment
implementation by the whole country, Ministries, ministerial agencies and local
governments, and investment projects under their management;
d) Suggest investment assessment results and
solutions for resolving difficulties and actions against violations of the law
on investment to regulatory agencies at the same level and superior investment
authorities.
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6. Inspection and audit of operation of investment
projects shall be carried out in accordance with regulations of law on
inspection and law on audit.
7. The Government shall elaborate this Article.”.
17. Clause 3a is added following clause 3 Article
77 as follows:
The transferee shall inherit all rights and
obligations of the transferor towards the part of the project received; be
entitled to apply for investment policy approval/adjustments thereto,
issuance/modification of investment registration certificate in respect of such
part of project received in accordance with the Government’s regulations.”.
18. Some ordinal numbers of Appendix IV - List of
conditional business lines are added and abrogated as follows:
a) The ordinal numbers 233 and 234 are added
following the ordinal number 232 as follows:
No.
BUSINESS LINES
233
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234
Personal data processing services
b) The business line “urban rail business” in the
ordinal number 97 is abrogated.
Article 7. Amendments to Law on
Public Investment
1. Clause 5 is added following clause 4 Article 3
as follows:
“5. Investment projects or tasks using funds which
are lawfully given by donors and not recorded as state budget revenues at the
request of such donors shall not be subject to provisions of this
Law.".
2. Some clauses of Article 4 are amended as
follows:
a) Clause 4 is amended as follows:
“4. Ministries, central and local authorities
refer to regulatory authorities or organizations to whom planned public
investment tasks are assigned by the Prime Minister, including:
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b) Provincial-level People’s Committees.”;
b) Clause 14a is added following clause 14 as
follows:
“14a. Special public investment project
refers to a public investment project which is executed according to the
direction given by the Poliburo, the Secretariat of the CPV Central Committee
or the Government’s Party Committee.“;
c) Clause 18 is amended as follows:
“18. Public investment activities include
formulation, appraisal of and making of decision on an investment policy or
decision on investment in a public program, project or task; formulation,
appraisal, approval, assignment and implementation of a public investment plan;
management and use of public investment capital; commissioning, payment,
preparation of final accounts, transfer of a public investment project;
monitoring, and assessment, examination and inspection of a public investment
plan, program, task or project.";
d) Clause 20 is amended as follows:
“20. Investment preparatory tasks encompass
formulation, appraisal and making of decision on an investment policy;
formulation, appraisal and making of decision on investment in a project.”;
dd) Clause 22 is amended as follows:
22. Outstanding debts accruing from capital
construction refers to the post-commissioning value of items that
constitute a program, task or project but is not yet included by a competent
authority in a medium-term public investment plan, except urgent public investment
projects, special public investment projects, and projects which are carried
forward to the next term of medium-term public investment plan.”.
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“b) Science, technology, innovation, environment,
digital technology, radio and television broadcasting, finance, banking;”.
4. Some clauses of Article 17 are amended as
follows:
a) Clause 1 is amended as follows:
“1. Issuing decisions on investment policies or adjustments
thereto that are not conformable to relevant strategies, plannings and/or
plans; in which funding sources and capital balancing capacity are not defined,
except projects which are not subject to investment policy decision requirement
as prescribed in clause 6 Article 19 of this Law; ultra vires or in breach of
legally required processes and procedures.";
b) Clause 2 is amended as follows:
“2. Issuing decisions on investment in programs or
projects without obtaining the competent authority’s decisions on investment
policies as prescribed; issuing decisions on investment or adjustments to
programs or projects ultra vires or in breach of requirements concerning
objectives, locations or in excess of public investment capital specified in
investment policy decisions issued by competent authorities.”.
5. Some points and clauses of Article 18 are
amended and abrogated as follows:
a) Clause 6, point c clause 7 and clause 8 are
abrogated;
b) Point b clause 1 is amended as follows:
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c) Clause 3 is amended as follows:
“3. The Prime Minister of Vietnam shall be vested
with authority to issue decisions on investment policies for the projects
specified in point a clause 2 Article 8 of this Law.";
d) Clause 4 is amended as follows:
“4. Ministers, heads of central authorities shall
be vested with authority to issue decisions on investment policies for projects
using ODA funds/ foreign concessional loans, group-A, group-B and group-C
projects under their jurisdiction.”;
dd) Point b clause 5 is amended as follows:
“b) Group-A projects funded by local-government
budgets at all levels, including dedicated additional funding transferred from
the central-government budget and local-government budget’s legitimate funding
sources, in their provinces, any group-A project involving at least 02
provincial-level administrative divisions over which the provincial-level
People’s Committee is assigned to act as the governing body according to the
Prime Minister's decision;”;
e) Point c is added following point b clause 5 as
follows:
“c) Group-A projects totally funded by
local-government budget’s funding used for covering expenditures of the
central-government budget in accordance with regulations of law on state budget
after obtaining consent from the Ministry, central authority or agency or
organization assigned to directly manage the project.”;
g) Point d is added following point c clause 7 as
follows:
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h) Clause 9 is amended as follows:
“9. Commune-level People’s Committees shall be
vested with authority to issue decisions on investment policies for the
following projects:
a) Group-B and group-C projects funded by the
local-government budget, including dedicated additional funding transferred
from the superior budget and local-government budget’s legitimate funding
sources under their jurisdiction;
b) Any Group-B or group-C project involving at
least 02 commune-level administrative divisions for which the commune-level
People’s Committee is assigned by Chairperson of the relevant provincial-level
People’s Committee to issue investment policy decision.”;
i) Clause 10 is amended as follows:
“10. Boards of Members or Company Presidents or
Boards of Directors of state-owned enterprises shall be vested with authority
to issue decisions on investment policies for group-A, group-B and group-C
projects in which they are assigned to make investment according to decisions
of the Prime Minister.”;
k) Point b clause 12 is amended as follows:
“b) Procedures and processes for making decisions
on investment policies for projects funded by local-government budgets and
executed by central authorities, and projects funded by commune-level budgets
and executed by provincial-level authorities;”;
l) Point d is added following point c clause 12 as
follows:
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6. Point c1 and point c2 are added following point
c clause 6 Article 19 as follows:
“c1) Special public investment projects;
c2) Local railway construction investment projects,
local railway projects applying Transit-Oriented Development (TOD) model
included in plannings approved by competent authorities;”.
7. Some points and clauses of Article 20 are
amended as follows:
a) Clause 2 is amended as follows:
“2. The Prime Minister may establish the State
Appraisal Council chaired by a Minister or head of ministerial agency and
tasked with appraising investment policy proposal reports for national target
programs and prefeasibility study reports for projects of national significance.
The establishment of the State Appraisal Council shall take place at the same
time as the formulation of investment policy proposal reports for national
target programs/prefeasibility study reports for projects of national
significance.”;
b) Point b clause 5 is amended as follows:
“b) For projects of national significance:
objectives, scope, total investment, location, implementation time, mechanisms,
solutions and policies for implementing the project.”.
8. Point dd clause 2 Article 22 is amended as follows:
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9. Clause 2 Article 23 is amended as follows:
“2. The Prime Minister of Vietnam may establish an
interagency Council or authorize a relevant Ministry or ministerial agency to
preside over or cooperate with relevant agencies in appraising the investment
policy proposal report. The establishment of an Appraisal Council shall take
place at the same time as the formulation of the investment policy proposal
report for the program.”.
10. Point a clause 1 Article 25 is amended as
follows:
“a) Assign their affiliated units, including their
affiliated public service units, or commune-level People’s Committees to
prepare pre-feasibility study reports;”.
11. Article 26 is amended as follows:
“Article 26. Procedures and processes for
granting decisions on investment policies for programs using ODA
funds/foreign concessional loans, group-A, group-B and group-C projects under
jurisdiction of Ministers or heads of central authorities
1. Ministers/heads of central authorities shall
have the following responsibilities:
a) Assign their affiliated units, including their
affiliated public service units, to prepare pre-feasibility study reports,
investment policy proposal reports;
b) Establish Appraisal Councils or assign competent
units to carry out appraisal of pre-feasibility study reports, investment
policy proposal reports, appraisal and assessment of funding sources and
capital balancing capacity;
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2. Ministers/heads of central authorities shall
issue investment policy decisions, including such contents as investment
objectives, scale, total investment, structure of funding sources, location,
implementation timelength, and capital allocation plan.”.
12. Heading of Article 28 is amended as follows:
“Article 28. Procedures and processes for
granting decisions on investment policies for projects under jurisdiction of
all-level People’s Committees”.
13. Article 31 is amended as follows:
“Article 31. Procedures and processes for
granting decisions on investment policies for projects involving at least 02
commune-level administrative divisions
1. Chairperson of the relevant provincial-level
People’s Committee shall consider deciding to assign a commune-level People’s
Committee to consider granting decision on investment policy for a project
involving at least 02 commune-level administrative divisions. If the project is
to be executed by the provincial-level authority, the provincial-level People’s
Committee shall consider granting decision on investment policy for the
project.
2. Procedures and processes for granting decisions
on investment policies for projects shall be subject to provisions enshrined in
Article 28 of this Law.”.
14. Article 36 is amended as follows:
“Article 36. Delegation of power to appraise,
assess funding sources and capacity for balancing funds for programs and
projects
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2. The Ministry of Finance of Vietnam shall play
the leading role in assessing funding sources, capacity for balancing funds and
plans for allocation of funds for the following programs and projects:
a) National target programs;
b) Projects of national significance.
3. The Ministry of Finance of Vietnam shall
appraise funding sources and capacity for balancing funds for public investment
programs subject to the Government’s investment policy decisions.
4. Ministers and Heads of central authorities shall
organize appraisal of funding sources and capacity for balancing funds for
those projects using public investment capital under their jurisdiction and
within the limits prescribed in Article 36a of this Law.
5. Chairpersons of all-level People’s Committees
shall organize appraisal of funding sources and capacity for balancing funds
for those programs and projects using public investment capital under their
jurisdiction and within the limits prescribed in Article 36a of this Law.
6. Regarding ODA funds/foreign concessional loans,
the competent authorities specified in clauses 2, 3, 4 and 5 of this Article
shall, based on letters of interest or written commitments of foreign donors,
appraise funding sources and capacity for balancing funds according to the
Government’s regulations.”.
15. Article 36a is added following Article 36 as
follows:
“Article 36a. Limits used as basis for
appraisal of funding sources and capacity for balancing funds
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Where a Ministry, central or local authority is not
included in the plan for allocation of capital of the medium-term public investment
plan of the current period or is assigned to execute a program or project
subject to investment policy approval requirement with total investment
exceeding the limit prescribed in this clause, the Prime Minister shall
consider deciding funding amount derived from the central-government budget
while Chairperson of the provincial-level People’s Committee shall consider
deciding funding amount derived from the local-government budget.
2. Upon receipt of notification of total capital
for the subsequent period as prescribed in clause 4 Article 59 of this Law,
Ministries, central and local authorities shall decide the order of priority in
capital allocation as prescribed in Article 54 of this Law.
3. The Government shall elaborate this Article.”.
16. Some points and clauses of Article 37 are
amended as follows:
a) Clause 2 is amended as follows:
“2. The investment policy for a program or project
shall be adjusted in case there are changes in its objectives or location, or
the public investment capital used for the program or project is exceeded in
comparison to those specified in the investment policy for that program or
project.
b) Point d Clause 3 is amended as follows:
“dd) As for a project involving at least 02
commune-level administrative divisions for which the decision on investment
policy falls under the jurisdiction of the commune-level People’s Committee,
these procedures and processes shall be subject to regulations laid down in
Article 31 of this Law.”.
17. Some clauses of Article 38 are amended and
abrogated as follows:
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b) Clause 2 is amended as follows:
“2. Ministers and Heads of central authorities
shall have the power to:
a) Grant decisions on investment in national target
programs, projects of national significance already obtaining decisions on
investment policies from the National Assembly, public investment programs
already obtaining decisions on investment policies from the Government, public
investment projects already obtaining decisions on investment policies from the
Prime Minister of which Ministries or central authorities act as program owners
or governing bodies;
b) Grant decisions on investment in programs using
ODA funds/foreign concessional loans, group-A, group-B and group-C projects
under their jurisdiction;
c) Delegate powers or grant authorization to issue
decisions on investment in group-B and group-C projects prescribed in point b
of this clause to their affiliated agencies or units;
d) Based on specific conditions of projects, assign
specialized or regional project management units to act as project owners.
Where the project management unit is not established or is not qualified to act
as a project owner, the Minister or head of central authority may assign an
agency or organization that fully meets experience and managerial capacity
requirements to act as the project owner, and shall assume responsibility for
their assignment.”;
c) Clause 3 is amended as follows:
“3. Chairpersons of provincial-level People’s
Committees shall be vested with authority to grant decisions on investment in
the following programs and projects:
a) Projects of national significance which have
already obtained decisions on investment policies from the National Assembly and
over which provincial-level People’s Committees act as governing bodies;
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c) Group-B and group-C projects which have already
obtained investment policy decisions from provincial-level People’s Committees;
d) Group-B and group-C projects using ODA
funds/foreign concessional loans; projects using ODA grants.”;
d) Clause 4 is amended as follows:
“4. Chairpersons of commune-level People’s
Committees shall be vested with authority to grant decisions on investment in
Group-B and group-C projects under their management.”;
dd) Clause 5 is amended as follows:
“5. Directors or General Directors of state-owned
enterprises shall be vested with authority to grant decisions on investment in
projects using ODA grants; group-A, group-B and group-C projects which have
already obtained investment policy decisions from Boards of Members or Company
Presidents or Board of Directors of such enterprises.”.
18. Article 40 is amended as follows:
“Article 40. Procedures for formulation,
appraisal and making of decision on investment in national target programs
1. Based on the investment policy already obtaining
the National Assembly’s decision, Minister or head of central authority that
acts as the program owner shall discharge the following responsibilities:
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b) Assign competent agency or unit, or establish a
Council, to carry out the appraisal of the feasibility study report according
to the contents specified in clause 1 Article 47 of this Law.
The Appraisal Council or agency or unit in charge
of appraisal may invite any qualified or experienced organization or individual
to join in the appraisal of the feasibility study report;
c) Command the unit or agency mentioned in point a
of this clause to prepare complete feasibility study report on the basis of
appraisal opinions.
2. Ministers or heads of central authorities shall
consider issuing decisions on investment in national target programs.”.
19. Article 41 is amended as follows:
“Article 41. Procedures for formulation,
appraisal and making of decisions on investment in public investment programs
subject to Government’s investment policy decision
1. Based on the investment policy already obtaining
the Government’s decision, Minister or head of central authority that acts as
the program owner shall discharge the following responsibilities:
a) Assign its specialized agencies or affiliated
units, including affiliated public service units, to prepare the feasibility
study report for that program;
b) Assign competent agency or unit, or establish a
Council, to carry out the appraisal of the feasibility study report according
to the contents specified in clause 1 Article 47 of this Law.
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c) Command the unit or agency mentioned in point a
of this clause to prepare complete feasibility study report on the basis of
appraisal opinions.
2. Ministers or heads of central authorities shall
consider issuing decisions on investment in public investment programs.”.
20. Clause 1 Article 43 is amended as follows:
“1. Procedures for formulation, appraisal and
making of decision on investment in a project of national significance shall be
subject to the following regulations:
Based on the investment policy already obtaining
the decision from the National Assembly or Prime Minister, Minister, head of
central authority, or Chairperson of provincial-level People’s Committee that acts
as the project's governing body shall discharge the following responsibilities:
a) Assign their specialized agencies or affiliated
units, including affiliated public service units, to prepare the feasibility
study report for the project;
b) Assign competent agency or unit, or establish a
Council, to carry out the appraisal of the feasibility study report according
to the contents specified in clauses 2 and 3 Article 47 of this Law.
The Appraisal Council or agency or unit in charge of
appraisal may invite any qualified or experienced organization or individual to
join in the appraisal of the feasibility study report;
c) Command the unit or agency mentioned in point a
of this clause to prepare complete feasibility study report on the basis of
appraisal opinions;
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21. Article 45a is added following Article 45 as
follows:
“Article 45a. Procedures and processes for
granting decisions on investment in special public investment projects
1. Based on the direction of the Poliburo, the
Secretariat of the CPV Central Committee or the Government’s Party Committee,
Ministers, Heads of central authorities and Chairpersons of provincial-level
People’s Committees shall organize formulation and appraisal of feasibility
study reports, technical-economic reports, and consider granting decisions on
investment in special public investment projects under their management.
2. Project owners are allowed to make decisions on
all tasks in investment activities to organize the implementation of such
projects on schedule while meeting quality requirements, adopt the measures
specified in points a, b and c of this clause, where necessary, and assume
responsibility for their decisions:
a) Apply the direct contracting method to packages
of the project;
b) Implement the project adopting the design-build
method, and follow simplified procedures according to provisions of laws on
state budget, bidding, construction, urban planning, environmental protection,
minerals, and relevant laws;
c) Apply specific cost norms to formulation,
appraisal and approval of cost estimate of the project. The Government shall
assign Ministries and central authorities to promulgate such specific cost
norms for projects.”.
22. Clause 5 Article 46 is amended as follows:
23. Point a clause 4 Article 54 is amended as
follows:
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24. Clause 1 Article 56 is amended as follows:
“1. Other public investment programs, projects,
tasks and objects have to be listed in the medium-term public investment plan,
except urgent public investment projects, special public investment projects
and investment projects funded by ODA grants.”.
25. Point d clause 3 Article 57 is amended as
follows:
“d) If the capital allocation has to be carried out
beyond the granted extension periods prescribed in points b and c of this
clause, governing bodies of central budget-funded projects shall be subject to
responsibility review and petition the Prime Minister to consider granting
decisions on extension of the time for allocation of capital to these projects
while People’s Committees shall be subject to responsibility review and
petition People's Councils at the same level to consider granting decisions on
extension of the time for allocation of capital to local budget-funded
projects;”.
26. Clause 1 Article 58 is amended as follows:
“1. Capital for investment preparatory tasks may be
allocated for covering costs of formulation, appraisal and grant of decisions
on investment policies for projects; formulation, appraisal and grant of
decisions on investment in projects.”.
27. Some points and clauses of Article 59 are
amended and abrogated as follows:
a) Clauses 1, 3 and 5 are abrogated;
b) Point c clause 7 is amended as follows:
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The Government shall decide and report the capital
included in the medium-term public investment plan derived from the
central-government budget which is yet to be allocated to the National Assembly
through its report on final assessment of medium-term public investment plan;”;
c) Clause 8 is amended as follows:
“8. The Prime Minister shall assign tasks of
medium-term public investment plans to Ministries, central and local
authorities.”;
d) Clause 9 is amended as follows:
“9. Assignment of tasks of medium-term public
investment plans using local-government budget shall be subject to the
following provisions:
a) Pursuant to the National Assembly’s resolution
regarding medium-term public investment plans for the new period and the
resolution of the provincial-level People's Council regarding the 05-year
socio-economic development plan, the provincial-level People's Council shall
make a decision on medium-term public investment plan to be implemented at
their province, including total capital of the medium-term public investment
plan, portfolio and capital allocated to specific projects, total capital used
for performing planning tasks, total capital used for performing investment
preparatory tasks, other public investment objects using the provincial-level
budget's capital and dedicated additional funding transferred to the inferior
budget, and shall send a report thereon to the Ministry of Finance of Vietnam
for consolidating and reporting to the Government;
b) Pursuant to the resolution of the
provincial-level People’s Council regarding the medium-term public investment
plan, the commune-level People’s Council shall make a decision on the
medium-term public investment plan under its jurisdiction, including total
capital of the medium-term public investment plan, portfolio and the local
government budget-derived capital allocated to specific projects, total capital
used for performing planning tasks, total capital used for performing
investment preparatory tasks, other public investment objects;
c) Within the maximum period of 30 days after the
People’s Council promulgates the resolution on medium-term public investment
plan, the same-level People’s Committee shall assign tasks of the medium-term
public investment plan to their affiliated units, including total investment,
portfolio of programs and projects, and capital allocated to specific projects,
total capital used for performing investment preparatory tasks, other public
investment objects.”.
28. Point b clause 2 Article 65 is amended as
follows:
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29. Clause 2 Article 68 is amended as follows:
“2. Pursuant to the National Assembly’s resolution,
the competent authority’s decision on assignment of planned tasks and the
resolution of the People’s Council at any level regarding medium-term and
annual public investment plans, Ministries, central and local authorities,
commune-level People's Committees and other agencies/units using public
investment capital shall make their decisions on measures to take control of
administering public investment plans funded by funding sources under their
respective management.”.
30. The first paragraph of clause 1 Article 69 is
amended as follows:
“1. Ministries, central and local authorities,
commune-level People’s Committees shall assume the following
responsibilities:”.
31. The first paragraph of clause 1 Article 70 is
amended as follows:
“1. Ministries, central and local authorities,
commune-level People’s Committees and agencies/units using public investment
capital shall assume the following responsibilities:”.
32. Some points and clauses of Article 71 are
amended and abrogated as follows:
a) Clause 4, clause 6 and point c clause 7 are
abrogated;
b) Clause 2 is amended as follows:
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c) Clause 3 is amended as follows:
“3. The Prime Minister shall decide to adjust
medium-term public investment plans using the central-government budget’s
capital, provided that total medium-term capital decided by the National
Assembly must not be exceeded.”;
d) Clause 5 is amended as follows:
“5. Ministers, Heads of central authorities, provincial-level
People’s Committees shall decide to adjust annual and medium-term public
investment plans using the central-government budget's capital under their
management, provided that total annual and medium-term capital amounts decided
by competent authorities must not be exceeded.”;
dd) Clause 8 is amended as follows:
“8. People’s Committees at all levels shall decide
to adjust annual and medium-term public investment plans using the
local-government budget's capital, provided that total annual and medium-term
capital amounts decided by same-level People’s Councils must not be exceeded.”;
e) Clause 9 is amended as follows:
“9. The Government shall elaborate this Article.”.
33. Some clauses of Article 72 are amended as
follows:
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”1. Implementation and disbursement of capital of
annual public investment plans shall last till January 31 of the subsequent
year. If additional capital amounts are allocated to Ministries, central and
local authorities, and their affiliated units using state budget, commune-level
People’s Committees after September 30 of the planning year for performing
tasks, programs and projects, implementation and disbursement of such
additional capital amounts may last till December 31 of the subsequent year.”;
b) Clause 2 is amended as follows:
“2. The time for implementation and disbursement of
capital defined in annual public investment plans may be extended but not later
than December 31 of the subsequent year, subject to decision issued by
Ministers, heads of central authorities or provincial-level People’s Councils
(with respect to capital derived from the central-government budget) or by
Chairperson of the People’s Committee at any level (with respect to capital
derived from their local-government budget), in the following cases:
a) Projects of national significance;
b) Projects on compensation, support, residential
resettlement and site clearance;
c) A project that is eligible for planned capital allocation
for being finished and put into use in the planning year but the plan for
capital allocation in the subsequent year is not available;
d) Projects of which the implementation schedule is
affected by natural disasters, conflagration, epidemics or other objective
causes which are unforeseeable and cannot be remedied;
dd) Projects of representative missions and other
missions of Vietnam in foreign countries;
e) A Ministry, central or local authority, or
commune-level People’s Committee only has 01 project in the planning year or
adjustment of the plan cannot be carried out.
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34. Some clauses of Article 83 are amended and
abrogated as follows:
a) Clause 8 is abrogated;
b) Clause 9 is amended as follows:
“9. Organize the implementation of medium-term and
annual public investment plans. Make decisions to allocate and assign in detail
the unallocated amounts of the capital defined in annual and medium-term public
investment plans using the central-government budget’s capital.”;
c) Clause 12 is added following clause 11 as
follows:
“12. Promulgate regulations on responsibility
review, transfer of officials, public employees and contractual employees who
fail to fulfill their assigned responsibilities and tasks resulting failure to
finish programs, tasks, projects on schedule defined in assigned plans.”.
35. Some clauses of Article 84 are amended and
abrogated as follows:
a) Clause 1 is amended as follows:
“1. Make decisions on investment policies for
projects under his jurisdiction as prescribed in Article 18 of this Law.”;
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36. Article 85 is amended as follows:
“Article 85. Duties and powers of Ministry of
Finance
The Ministry of Finance of Vietnam acts as a
presiding body assisting the Government in carrying out the state management of
public investment, and shall have the following duties and powers:
1. Promulgate or petition competent authorities to
promulgate legislative documents related to public investment, distribution and
use principles, criteria and norms of public investment capital;
2. Report to the Government on determination of the
state budget’s funding for investment expenditures for national public
investment activities in the specific sectors and industries which are defined
in medium-term and annual public investment plans;
3. Consolidate national medium-term and annual
public investment plans for submission to the Government and the Prime
Minister; petition the Government and the Prime Minister to assign tasks of
public investment plans using the state budget’s capital;
4. Consolidate adjustments to national medium-term
public investment plans for submission to the Prime Minister; submit
adjustments to national annual public investment plans to the Government;
submit adjustments to national medium-term and annual public investment plans
to the Government/the Prime Minister for considering and reporting to the
National Assembly to seek its decision within its jurisdiction as prescribed in
Article 71 herein;
5. Preside over and cooperate with relevant
authorities in carrying out the appraisal, assessment of funding sources and
capital balancing capacity in accordance with Article 36 of this Law;
6. Request competent authorities to promulgate
general provisions on management of national target programs; consolidate and
request competent authorities to decide and assign medium-term and annual
public investment objectives, tasks and plans using the central-government
budget’s capital defined in national target programs;
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8. Request competent authorities to promulgate or
promulgate, within its jurisdiction, regulations on managing, paying and making
final accounts of costs incurred from projects using public investment capital;
9. Report to the Government on disbursement of
capital to, and final accounts of costs incurred from, programs and projects.”.
37. Clause 3 Article 87 is amended as follows:
“3. Preside over and cooperate with relevant
authorities in carrying out the appraisal, assessment of funding sources and capacity
for balancing funds for projects in accordance with provisions of Article 36 of
this Law.”.
38. Some points and clauses of Article 89 are
amended and abrogated as follows:
a) Point b clause 2, clause 4 and clause 5 are
abrogated;
b) Clause 7 is amended as follows:
“7. Chairperson of each provincial-level People’s
Committee shall perform the following duties and powers:
a) Make decisions on investment in projects under
his/her jurisdiction as prescribed in this Law;
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c) Make decision to assign a commune-level People’s
Committee to act as the governing body in charge of implementing the project
involving at least 02 commune-level administrative divisions.”.
39. Article 90 is amended as follows:
“Article 90. Duties and powers of commune-level
People’s Committees
1. Take charge of preparing medium-term and annual
public investment plans under their jurisdiction.
2. Take charge of carrying out the appraisal of
projects under their jurisdiction.
3. Petition commune-level People’s Councils to make
decisions on medium-term and annual public investment plans using the local
budget’s capital under their jurisdiction.
4. Make decisions on investment policies for
projects falling under their jurisdiction as prescribed in this Law, and submit
reports thereon to commune-level People’s Councils at the upcoming meeting.
5. Take charge of carrying out, monitoring,
assessing and examining plans, programs and projects and other tasks of state
management related to public investment that fall within their jurisdiction;
cooperate with relevant authorities and organizations in carrying out,
monitoring, examining and assessing programs and projects in their communes.
6. Chairpersons of commune-level People’s
Committees shall make decisions on investment in projects under their
jurisdiction as prescribed in Article 38 of this Law.”.
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a) Clause 1 is amended as follows:
“1. Make decisions on investment or adjustments to
such decisions on investment in programs and projects in line with objectives,
locations, public investment capital defined in investment policies already
decided by competent authorities, except tasks and projects which are exempted
from the requirement regarding investment policy decisions as prescribed in
clause 6 Article 19 of this Law, provided that such decisions meet capacity for
balancing funds falling within their respective jurisdiction, conform to
standards and regulations on investment and are consistent with appraisal
results.”.
b) Clause 2 is amended as follows:
“2. Carry out the appraisal of programs and
projects prior to approval, including the appraisal, assessment of capital
sources and capital balancing capacity.”.
41. Clause 1 Article 100 is amended as follows:
“1. Ministers, Heads of central and local
authorities, Chairpersons of commune-level People’s Committees and
program/project owners shall be responsible for any consequence resulting from
failure to monitor, assess and examine plans, programs and projects or failure
to make reports in accordance with regulations in force.”.
42. Clause 17 Article 4; Article 24 and number
“24,” in point c clause 3 Article 37 and clause 3 Article 64; clauses 1, 2 and
3 Article 60; Article 63; point c clause 2 and point b clause 7 Article 64;
point a clause 1 Article 66; clauses 3, 4 and 5 Article 82; Article 86; Article
93 are abrogated.
Article 8. Amendments to Law on
Management and Use of Public Property
1. Article 1 is amended as follows:
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This Law deals with state management of public
property; regulations on management and use of public property; rights and
obligations of authorities, organizations, units and individuals in management
and use of public property.
Public property including state-owned money,
non-state budget financial funds, foreign exchange reserves shall be managed
and used in accordance with regulations of relevant laws.
Management and use of property formed from
performing state budget-funded science, technology and innovation tasks shall be
subject to regulations of law on science, technology and innovation, and law on
intellectual property.”.
2. Clauses 3 and 4 Article 19 are amended as
follows:
“3. Provincial-level and commune-level People’s
Committees shall assign same-level finance authorities to assist People’s
Committees in:
a) Performing their tasks and powers for state
management of public property as prescribed in Article 18 of this Law;
b) Directly managing, disposing of some public
property pieces in accordance with provisions of this Law and relevant laws.
4. Specialized agencies affiliated to
Provincial-level and commune-level People’s Committees shall assist same-level
People’s Committees in performing state management tasks, directly managing and
disposing of public property in sectors/fields as prescribed by law.”.
3. Article 44 is amended as follows:
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Use of public property for making payments to
investors implementing construction projects in the form of build-transfer
contract shall be subject to provisions of the Law on Public-Private
Partnership Investment.”.
4. Clause 1 Article 48 is amended as follows:
“1. Agencies assigned to take charge of disposal of
public property shall manage the proceeds earned from disposal of public
property at state authorities, and transfer the total amount of such proceeds
which remains after deducting all costs of the disposal to state budget.".
5. Clause 3 is added following clause 2 Article 68
as follows:
“3. Management and use of proceeds earned from
disposal of property at socio-political organizations shall be subject to the
Government’s regulations.”.
6. Clause 1 Article 81 is amended as follows:
“1. Entities assigned to manage infrastructural
property are entitled to directly organize the operation of the property in
accordance with the Government’s regulations.”.
7. Point a clause 2 Article 85 is amended as
follows:
“a) In case the entity assigned to manage the
property is a state authority or an unit of the people’s armed forces, the
revenue that is earned from the operation of property and remains after
deduction of all costs associated with such operation shall be entirely
transferred to the state budget;”.
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“d) Disposed of adopting other methods according to
the Government’s regulations.”.
9. Article 94 is amended as follows:
“Article 94. Management and use of proceeds
earned from disposal of infrastructural property
1. The proceeds which are earned from disposal of
infrastructural property and remain after deduction of all costs associated
with such disposal shall be entirely transferred to the state budget.
2. Costs associated with the disposal of property
include:
a) Cost of inventory or measurement;
b) Cost of relocation, demolition or destruction;
c) Cost of valuation and price appraisal;
dd) Cost of selling the property;
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10. Article 102 is amended as follows:
“Article 102. Use of property serving operation
of projects
1. Use of property serving operation of projects is
meant to achieve the objectives of the project and complies with provisions of Section
3 Chapter III of this Law and relevant laws.
2. Management, use and disposal of property formed
from state-funded projects on support for manufacturing development with
participation by communities and people shall be subject to specific mechanisms/policies
of national target programs and relevant laws.”.
11. Article 117 is amended as follows:
“Article 117. Use of value of land use rights
for making payments to investors implementing construction projects in the form
of build-transfer contract
Use of value of land use rights for making payments
to investors implementing construction projects in the form of build-transfer
contract shall be subject to provisions of the Law on Public-Private
Partnership Investment.”.
12. Some phrases in some points and clauses are
added and replaced as follows:
a) The phrase “khu công nghệ số tập trung,”
(“concentrated digital technology zone,”) is added following the phrase “khu
công nghệ cao,” (“hi-tech zone,”) in clause 2 Article 4;
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c) The phrase “trừ trường hợp đặc biệt do Thủ tướng
Chính phủ quyết định theo đề nghị của Bộ trưởng Bộ Tài chính trên cơ sở đề nghị
của Bộ trưởng, Thủ trưởng cơ quan trung ương, Chủ tịch Ủy ban nhân dân cấp tỉnh
có liên quan” (“except for a special case decided by the Prime Minister at the
request of the Minister of Finance which is made on the basis of requests of
relevant Ministers, Heads of central authorities and Chairpersons of
provincial-level People’s Committees”) is replaced with the phrase “trừ trường
hợp đặc biệt theo quy định của Chính phủ” (“except for a special case as
prescribed by the Government”) in clause 2 Article 42;
d) The phrase “theo phân cấp của Chính phủ” (“as
delegated by the Government”) is replaced with the phrase “theo quy định của
Chính phủ” (“according to the Government’s regulations”) in clause 3 Article
107.
13. The following phrases are abrogated:
a) The phrase “, nhiệm vụ khoa học và công nghệ”
(“, science and technology tasks”) in clause 10 Article 3;
b) The phrase “sử dụng tài sản công để thanh toán
cho nhà đầu tư khi thực hiện dự án đầu tư xây dựng công trình theo hình thức hợp
đồng xây dựng - chuyển giao;” (“use of public property for making payments to
investors implementing construction projects in the form of build-transfer
contract;”) in clause 3 Article 13;
c) The phrase “việc phân cấp thẩm quyền quyết định
trong quản lý, sử dụng tài sản công;” (“granting power to make decisions on
management and use of public property;”) in point a clause 2 Article 15;
d) The phrase “và tài sản được hình thành thông qua
việc triển khai thực hiện các nhiệm vụ khoa học và công nghệ sử dụng vốn nhà nước”
(“and property formed from performing state-funded science and technology
tasks”) in point c clause 2 Article 15;
dd) The phrase “và phân cấp của Chính phủ” (“and as
delegated by the Government”) in clause 4, clause 8 Article 15, point a point d
clause 1 Article 16;
e) The phrase “thanh tra,” (“inspection,”) in
clause 7 Article 15;
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h) The phrase “Ủy ban nhân dân cấp huyện,”
(“district-level People's Committees,") in clause 2 Article 18;
i) The phrase “và phân cấp của Hội đồng nhân dân cấp
tỉnh” (“ and assigned by provincial-level People’s Councils”) in clause 4
Article 18;
k) The phrase “theo phân cấp của Chính phủ” (“as
delegated by the Government”) in point b clause 2 Article 69.
14. Clause 4 Article 13; clause 2 Article 17;
clauses 4, 5, 6 and 7 Article 26; clause 3, clause 4 Article 29; clause 4
Article 55; clause 2 Article 56; clause 2, clause 3 Article 57; clause 2
Article 58; point dd clause 1, point e clause 2 Article 65; Article 105;
Article 118 are abrogated.
Article 9. Implementation
1. This Law comes into force from July 01, 2025.
2. Point b clause 3 Article 33 of the Law on
Housing No. 27/2023/QH15, as amended by the Law No. 43/2024/QH15 and the Law
No. 47/2024/QH15, is abrogated.
3. Clause 6 Article 14, clauses 1, 2, 3 and 4
Article 29 of the Law on Public Debt Management No. 20/2017/QH14 are abrogated.
Article 10. Transition
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a) If the EOI requests, prequalification documents,
bidding documents or RFPs for packages/investment projects have been issued and
the bid opening has taken place before the effective date of this Law, the
shortlisting, contractor selection, investor selection, signing of contract and
management of contract performance shall continue to be carried out in
accordance with the Law on Bidding No. 22/2023/QH15, as amended by the Law No.
57/2024/QH15, and legislative documents elaborating and providing guidelines on
this Law;
b) If the EOI requests, prequalification documents,
bidding documents or RFPs for packages/investment projects have been issued but
the bid closing does not yet occur by the effective date of this Law, the
shortlisting, contractor selection, investor selection, signing of contract and
management of contract performance shall continue to be carried out in
accordance with the Law on Bidding No. 22/2023/QH15, as amended by the Law No.
57/2024/QH15, and legislative documents elaborating and providing guidelines on
this Law, or such contractor selection/investor selection may be carried out in
accordance with provisions of this Law after cancelling the invitation for bid,
invitation for EOIs, or invitation for prequalification applications and following
procedures for adjustment of the contractor selection plan (where necessary),
bidding documents, EOI requests, prequalification documents or RFPs, except the
case prescribed in point d of this clause;
c) If the contractor selection plan for a package
has been approved but the EOI request, prequalification documents, bidding
documents, or RFP for this package is still not yet issued by the effective
date of this Law, the employer is allowed to follow procedures for adjustment
of the approved contractor selection plan and apply provisions of this Law,
except the case prescribed in point d of this clause;
d) If the EOI requests, prequalification documents,
bidding documents or RFPs for packages of investment projects of state-owned
enterprises/wholly state-owned enterprises, and packages of
projects/procurement cost estimates of public service units self-covering both
recurrent and investment expenses/public service units self-covering recurrent
expenses without using state budget have been issued but the bid closing does
not yet occur by the effective date of this Law, employers are entitled to
adopt any of the following options:
d1) Comply with provisions of point b of this
clause, if the employer wishes to apply this Law; or
d2) Make decision on the procurement at their
discretion as prescribed in point c clause 2 Article 1 of this Law.
2. Transitional provisions on amendments to the Law
on Public-Private Partnership Investment:
a) If the pre-feasibility study report or adjusted
pre-feasibility study report for a PPP project has been prepared but is yet to
be submitted for appraisal or the Appraisal Council is yet to be established or
has been established but not yet carried out the appraisal by the effective
date of this Law, the authority and procedures for appraisal of pre-feasibility
study report or adjusted pre-feasibility study report shall comply with
provisions of this Law. In case the Appraisal Council has been
established and the appraisal of the investment policy is taking place, the procedures
and authority to carry out appraisal and issue decision on investment policy or
adjustments to the investment policy shall be subject to regulations of law on
public-private partnership investment in force before the effective date of
this Law;
b) If an application for approval of a PPP
project/adjustment of a PPP project is not yet submitted by the effective date
of this Law, the authority to consider granting approval of a PPP
project/adjustment of a PPP project shall be determined according to provisions
of this Law;
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d) PPP project contracts signed before the
effective date of this Law shall still remain valid; regarding any modification
of contents of the project contract which is deemed necessary but for which
regulations of law in force at the time of contract conclusion are not
available, or any modification of the project contract which is deemed
necessary to ensure the efficiency of the project, the parties to the contract
may reach agreement on making such modification in accordance with provisions
of this Law and relevant laws in force at the time of modification.
3. Transitional provisions on amendments to the Law
on Customs:
If customs procedures for in-country
imports/exports subject to duly registered customs declarations are yet to be
completed by the effective date of this Law, provisions of clause 3 Article 3
of this Law shall apply.
4. Transitional provisions on amendments to the Law
on Investment:
a) From the effective date of this Law,
applications for approval/adjustment of investment policies for investment
projects that require relocation of 10.000 people or more in mountainous areas
or 20.000 people or more in other areas; projects on investment in and
construction of: airports/aerodromes; runways of airports/aerodromes; passenger
terminals of international airports; cargo terminals of airports/aerodromes
with a capacity of at least 01 million tonnes per year; new investment projects
on air passenger transport business; investment projects on construction of
ports, wharves of special seaports, class-I seaports in which investment is at
least VND 2.300 billion; investment projects on petroleum processing; projects
on investment in and construction of residential housing (for sale, lease or
lease purchase) or urban areas that use at least 300 hectares of land or with a
population of at least 50,000 people; an investment project falling under the
authority to grant approval of investment policies of at least 02
provincial-level People's Committees which are received before the effective
date of this Law and considered valid but are not yet processed shall continue
to be processed according to the following provisions:
a.1) If the project has been submitted to the Prime
Minister for considering and giving approval of investment policy or
adjustments thereto before the effective date of this Law, provisions of the
Law on Investment No. 61/2020/QH14, as amended in the Law No. 72/2020/QH14, Law
No. 03/2022/QH15, Law No. 05/2022/QH15, Law No. 08/2022/QH15, Law No.
09/2022/QH15, Law No. 20/2023/QH15, Law No. 26/2023/QH15, Law No. 27/2023/QH15,
Law No. 28/2023/QH15, Law No. 31/2024/QH15, Law No. 33/2024/QH15, Law No.
43/2024/QH15 and Law No. 57/2024/QH15 (hereinafter referred to as “Investment
Law No. 61/2020/QH14”) shall apply.
If requirements or conditions for approval of the
project’s investment policy or adjustments thereto laid down in the Investment
Law No. 61/2020/QH14 are yet to be satisfied, the Ministry of Finance of
Vietnam shall transfer the project dossier, appraisal opinions and reports to
the relevant provincial People’s Committee for processing within its
jurisdiction as prescribed in this Law;
a.2) If the project is yet to be submitted to the
Prime Minister for considering and giving approval of investment policy or
adjustments thereto before the effective date of this Law, the Ministry of
Finance of Vietnam shall transfer the project dossier and appraisal opinions
(if any) to the relevant provincial-level People’s Committee for processing
within its jurisdiction prescribed in this Law;
a.3) The provincial-level People’s Committee shall
be allowed to use the project dossier, appraisal opinions and reports as the
basis for considering and giving approval of the project’s investment policy or
adjustments thereto in the cases prescribed in sub-points a.1 and a.2 point a
of this clause;
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5. Transitional provisions on amendments to the Law
on Public Investment:
a) If programs and projects have already undergone
formulation and appraisal procedures and been submitted to competent
authorities for consideration and grant of investment policy decisions or
investment decisions prior to the effective date of this Law, competent
authorities shall consider granting decisions in accordance with provisions of
the Law on Public Investment No. 58/2024/QH15;
b) Regarding the projects for which decisions on
investment policies/investment decisions have been issued before the effective
date of this Law, the authorities having the power to issue investment policy
decisions/investment decisions and decisions on extension of the time for
allocation of capital to projects according to regulations on delegation of
power enshrined in this Law shall have the power to make decisions on
adjustment/termination of investment policies, adjustment of investment
decisions and extension of the time for allocation of capital to such projects,
and shall assume responsibility for their issued decisions.
Where the National Assembly’s resolution
prescribing the authority to decide adjustment and termination of investment
policies for projects of national significance is in force, provisions of the
National Assembly’s resolution shall apply;
c) In case proposals for projects using ODA funds
and foreign concessional loans have been approved by competent authorities
before the effective date of this Law, governing bodies in charge of projects
shall follow procedures for adjustment of investment policies for such projects
as prescribed in this Law and shall not be required to carry out procedures for
adjustment of project proposals.
This Law is ratified by the 15th
National Assembly of the Socialist Republic of Vietnam during its 9th
session held on June 25, 2025.
CHAIRMAN OF THE
NATIONAL ASSEMBLY OF VIETNAM
Tran Thanh Man
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