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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. 57/2024/QH15
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Hanoi, November
29, 2024
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LAW
AMENDMENTS TO LAW ON
PLANNING, LAW ON INVESTMENT, LAW ON PUBLIC-PRIVATE PARTNERSHIP INVESTMENT, AND
LAW ON BIDDING
Pursuant to the Constitution of the Socialist
Republic of Vietnam;
The National Assembly promulgates the Law on
amendments to the Law on Planning No. 21/2017/QH14, as amended by the Law No.
15/2023/QH15, Law No. 16/2023/QH15, Law No. 28/2023/QH15, Law No. 31/2024/QH15,
Law No. 35/2024/QH15, Law No. 38/2024/QH15 and Law No. 43/2024/QH15; 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 and Law No. 43/2024/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 the Law on
Bidding No. 22/2023/QH15.
Article 1. Amendments to Law on Planning
1. Some clauses of Article 6 are amended as follows:
a) Clause 1 is amended as follows:
“1. National marine spatial planning and national
land use planning must be conformable with the national comprehensive planning.
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b) Clause 4 is amended as follows:
“4. A technically specialized planning must be
conformable with the relevant national, regional or provincial planning as
prescribed by the Government.”.
2. Article 9 is amended as
follows:
“Article 9. Costs of planning
1. Costs of formulation, announcement and
adjustment of a national, regional or provincial planning shall be covered with
public investment funding and other lawful funding sources; costs associated
with a national land use planning, or national planning for national defense or
security land shall be covered in accordance with regulations of the Law on
Land.
2. Costs of formulation, appraisal and adjustment
of tasks in formulation of a national, regional or provincial planning;
appraisal of a national, regional or provincial planning and adjustments
thereto; modification of a national, regional or provincial planning following
simplified procedure; or assessment of a national, regional or provincial
planning shall be covered with funding for covering recurrent expenditures as
prescribed by the Law on State Budget.
3. Costs of formulation, appraisal, announcement,
assessment and modification of technically specialized plannings shall be
covered with funding for covering recurrent expenditures as prescribed by the
Law on State Budget and other lawful funding sources.
4. The Government shall elaborate this Article.”.
3. Clause 2 Article 15 is
amended as follows:
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a) The Government shall organize appraisal and
approval for the tasks in formulation of the national comprehensive planning,
national marine spatial planning and national land use planning, and approval
for adjustments thereto;
b) The Prime Minister of Vietnam shall organize
appraisal of the tasks in formulation of the national sector planning and
regional planning; approval for the tasks in formulation of the national sector
planning, regional planning and provincial planning, and approval for
adjustments thereto;
c) The Ministry of Planning and Investment of
Vietnam shall organize appraisal of the tasks in formulation of provincial planning.”.
4. Some points and clauses of Article 16 are
amended as follows:
a) Points b, c and d Clause 1 are amended as
follows:
“b) The planning authority shall select a qualified
planning consultancy; take charge of and cooperate with relevant Ministries, ministerial
authorities and local governments in studying, analyzing, assessing and
forecasting factors, conditions, resources and development situation, assessing
the actual status of national socio-economic development, and proposing
planning viewpoints, objectives and contents; send them to relevant Ministries,
ministerial authorities and local governments;
c) Relevant Ministries, ministerial authorities and
local governments shall give their opinions and propose planning contents
falling under their management to the planning authority;
d) The planning authority shall take charge of and
cooperate with relevant Ministries, ministerial authorities and local
governments in considering and addressing interdisciplinary, inter-regional and
inter-provincial issues to ensure uniformity, consistency and effectiveness of
the planning;";
b) Points b, c and d Clause 3 are amended as
follows:
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c) Relevant Ministries, ministerial
authorities and local governments in the region shall give their opinions and
propose planning contents falling under their management to the planning
authority;
d) The planning authority shall take charge of and
cooperate with relevant Ministries, ministerial authorities and local
governments in considering and addressing inter-regional and inter-provincial
issues to ensure uniformity, consistency and effectiveness of the
planning;";
c) Clause 5 is added following clause 4 as follows:
“5. The Government shall elaborate this Article.”.
5. Clause 2 Article 20 is
amended as follows:
“2. Planning at a higher level (if any).”.
6. Point n Clause 2 Article
22 is amended as follows:
“n) List of expected nationally important
projects;”.
7. Point i Clause 2 Article
23 is amended as follows:
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8. Some points and clauses of Article 25 are
amended as follows:
a) Point g Clause 3 is amended as follows:
“g) List of expected nationally important projects
and prioritized projects on national infrastructure sector;”;
b) Point d Clause 5 is amended as follows:
“d) List of expected nationally important projects
and prioritized projects on environmental protection;”;
c) The first paragraph of clause 6 is amended as
follows:
“6. The comprehensive biodiversity conservation
planning includes the following main contents:”;
d) Point d Clause 6 is amended as follows:
“d) List of expected nationally important
projects and prioritized projects on biodiversity conservation;”.
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“g) List of expected prioritized regional
projects;";
10. Some points of clause 2 Article 27 are amended
as follows:
a) Point d is amended as follows:
“d) Plans for development of urban and rural
systems; plans for development of economic zones, industrial parks,
export-processing zones, hi-tech zones, tourism areas, sports complexes, and
research and training areas; plans for development of sanctuaries, and areas
used for preservation, renovation or restoration of historical-cultural
monuments, scenic beauties and subjects already inventoried; plans for
development of Indus trial clusters; plans for development of centralized
agricultural production areas; determination of military and security zones;
plans for development of disadvantaged and extremely disadvantaged areas and
key areas;”;
b) Point e is amended as follows:
“e) Plans for development of electricity supply
network, including electricity development plans already specified in the
national planning or regional planning within the province, and plans for
development of provincial power sources and electrical grids;”;
c) Point h is amended as follows:
“h) Plans for development of hydraulic structures,
and water supply and drainage systems, including those already specified in the
national planning or regional planning within the province, and inter-district
hydraulic structures, and water supply and drainage systems;”;
d) Point o is amended as follows:
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11. Clause 2 Article 34 is
amended as follows:
“2. The Prime Minister of Vietnam shall consider
approving the national sector planning, regional planning and provincial
planning.”.
12. Article 45 is amended
as follows:
“Article 45. Planning implementation plan
1. A planning implementation plan shall be issued
after the planning is decided or approved.
The power to issue the planning implementation plan
is prescribed in Articles 55 and 56 of this Law. The authority competent to
issue the planning implementation plan shall also have the power to make
adjustments to the issued planning implementation plan.
2. A planning implementation plan must be
conformable with the decision on or approval for planning, and shall inter alia
include the following main contents:
a) Public investment project;
b) Investment projects funded by sources other than
public investments;
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3. The Government shall stipulate required
documentation and procedures for issuance and modification of planning
implementation plans.”.
13. Clause 4 Article 47 is
amended as follows:
“4. Each provincial People's Committee shall,
within the ambit of its assigned tasks and powers, allocate resources for
implementation of its provincial planning.".
14. Clause 1 Article 49 is
amended as follows:
“1. The planning implementation shall be assessed
on a periodical basis of every 05 years or on ad hoc basis according to the
assessment criteria decided by the Government.”.
15. Article 51 is amended
as follows:
“Article 51. Principles of planning adjustment
1. The planning adjustment shall be made following
the procedures in Article 54 of this Law on any of the grounds specified in
Article 53 of this Law.
2. The authority that has the power to decide or
approve the planning shall have the power to decide or approve adjustments to
such planning, except the cases specified in points b and c clause 6 Article
54a of this Law.
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4. Adjustments to the planning must not cause any
changes in objectives of the planning, except the cases specified in Clauses 1,
2, 3 and 4 Article 53 of this Law.”.
16. Article 54a is added
following Article 54 in Section 3 Chapter IV as follows:
“Article 54a. Adjustment of planning
following simplified procedure
1. Adjustments to the planning following simplified
procedure must not cause any changes in viewpoints and objectives of the
planning; must ensure connectivity, uniformity, inheritance and stability
between plannings.
2. A national, regional or provincial planning
shall be adjusted following simplified procedure on one of the following
grounds:
a) Implementation of resolutions of the National
Assembly, Standing Committee of National Assembly or Government on protection
of national defense and security or arrangement of administrative divisions, or
nationally important projects results in changes in one or some contents of the
planning;
b) There are conflicts between this planning and
the planning at a higher level;
c) There are conflicts between this planning and
another planning at the same level;
d) Implementation of emergency projects or urgent
tasks results in changes in one or some contents of the planning according to
the Government’s regulations.
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4. Upon occurrence of the event specified in point
b or c clause 2 of this Article, the Prime Minister of Vietnam shall consider
approving the guidelines for adjustments to the national sector planning,
regional planning and/or provincial planning.
5. The authority in charge of organizing the
planning formulation or the planning authority shall prepare and send a
planning adjustment dossier to relevant authorities for their opinions; respond
to received opinions, modify and submit a complete planning adjustment dossier
to a competent authority for decision or approval.
6. Power to make decision or approval for
adjustments to planning:
a) The National Assembly shall decide adjustments
to the national comprehensive planning, national marine spatial planning and
national land use planning;
b) The Minister who is assigned to organize
formulation of the national sector planning or regional planning shall consider
approving adjustments to such planning, and submit a report thereon to the
Prime Minister;
c) Chairpersons of provincial People’s Committees
shall consider approving adjustments to their provincial plannings, and submit
reports thereon to the Prime Minister.
7. The Government shall elaborate clauses 1, 2 and
5 of this Article; and required documentation for planning adjustment following
simplified procedure.”.
17. Some points and clauses of Article 55 are
amended as follows:
a) Clause 2 is amended as follows:
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b) Point dd Clause 3 is amended as follows:
“dd) Issue guidelines for determination of planning
costs of national, regional and provincial plannings;”;
c) Point a clause 4 is amended as follows:
“a) Issue plans for implementation of the national
sector planning; request the Prime Minister to issue policies, solutions and
provide resources for implementation of the national sector planning; request
the Prime Minister to establish the national sector planning appraisal
council;”.
18. Clause 1 Article 56 is
amended as follows:
“1. Issue provincial planning implementation plans;
issue within their competence or request competent authorities to issue
policies and solutions, and provide resources for implementation of provincial
planning;”.
19. Some ordinal numbers in Appendix I - List of
national sector plannings are amended as follows:
a) The ordinal number 26 is amended as follows:
26.
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b) The ordinal numbers 29, 32 and 33 are amended as
follows:
29.
Planning for baseline survey of geology and
minerals
32.
Planning for group-I minerals
33.
Planning for group-II minerals
20. Ordinal number 11 in
Appendix II - List of technically specialized plannings is amended as follows:
11.
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Law on urban and rural planning No. 47/2024/QH15
21. Clause 5 Article 5,
point dd clause 1 and point dd clause 3 Article 16, point m clause 2 Article
27, Article 28, clause 3 Article 47, Article 52 and the ordinal number 31 in
Appendix I are abrogated.
Article 2. Amendments to Law on Investment
1. Clause 3a is added
following clause 3 Article 4 as follows:
“3a. If there are
any discrepancies between provisions of Article 36a of the Law on Investment
and those of other laws promulgated before January 15, 2025, the former shall
prevail.".
2.
Points i and k are added following
point h clause 1 Article 6 as follows:
“i) Trading of
national treasures;
k) Export of relics,
antiques.”.
3.
Article 18a is added following
Article 18 as follows:
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1. The Government
shall establish the Investment Support Fund using top-up corporate income tax
(CIT) amounts collected under the Global Anti-Base Erosion Rules (GloBE) and other lawful revenues in order to stabilize
investment environment, encourage and attract strategic investors and
multinational corporations, and assist domestic enterprises in some fields and
sectors in which investment is encouraged.
2. The Government
shall formulate detailed regulations on operational model, legal status, state
budget-derived funding annually and additionally allocated to the Fund, forms
of support, reimbursement mechanisms and other specific policies of the Fund,
and be required to obtain opinions from the Standing Committee of
National Assembly about such regulations before
promulgation.”.
4. Some Points of
Clause 1 Article 31 are amended and abrogated as follows:
a) Point d is
amended as follows:
“d) Investment
projects on construction of ports and wharves of special seaports or Class-I
seaports ports in which total investment is at least VND 2.300 billion;”;
b) Point g1 is
amended as follows:
“g1) Investment projects that comply with the
provisions of the Law on cultural heritage, regardless of their size of land
used and population within the protected zone I of the monument recognized by
competent authorities as a special national-level monument on the list of world
heritage sites.”;
c) Point h is abrogated.
5. Some points of
clause 1 Article 32 are amended as follows:
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“b1) Investment
projects that comply with the provisions of the Law on cultural heritage,
regardless of their size of land used and population, within the protected
zones I and II of the monument recognized by competent authorities as a
national-level monument or a special national-level monument, except protected
zones I of special national-level monuments on the list of world heritage
sites; investment projects, regardless of their size of land used and
population, within areas subject to developmental restrictions or historic
inner areas or subregions (specified in the urban planning scheme) of
special-grade cities;”;
b) Points dd and e
are added following point d as follows:
“dd) Investment
projects on construction and commercial operation of infrastructure facilities
in industrial zones and export processing zones;
e) Investment
projects on construction of ports and wharves of special seaports in which
total investment is less than VND 2.300 billion.”.
6. Point a
Clause 3 Article 33 is amended as follows:
“a) Assessment of the conformity
of the investment project with relevant national planning, regional planning,
provincial planning, urban planning and special economic - administrative unit
planning (if any);”.
7. Point c
clause 6 Article 34 is amended as follows:
“c) Conformity of the investment
project with relevant national planning or strategies, regional planning,
provincial planning, urban planning and special economic - administrative unit
planning (if any);”.
8. Article
36a is added following Article 36 in Section 2 Chapter IV as follows:
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1. Except 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, centralized IT zones,
free trade zones and functional sections inside the perimeter of economic zones
in the following sectors:
a) Investment in construction of
innovation centers, research and development (R&D) centers; investment in
semiconductor integrated circuit industry, and technologies used in design and
manufacturing of integrated circuits (IC) and their components, components and
circuits of printed electronics (PE), chips and semiconductor materials;
b) Investment in high technologies
given priority for investment and development, and manufacturing of products on
the list of recommended high technology products as decided by the Prime
Minister.
2. An application for investment
registration shall include the documents specified in points a, b, c, d, dd, g
and h clause 1 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.
3. Contents of application
assessment:
a) Conformity of the project with
the investment sectors specified in Clause 1 of this Article;
b) Conformity of the project with
relevant plannings;
c) Legal status and experience of
the investor;
d) Demand for land use (if any);
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e) The investor’s commitments;
g) Investment incentives and
conditions for enjoying investment incentives (if any).
4. The application for investment
registration shall be submitted to the management board of the relevant
industrial park, export-processing zone, hi-tech zone or economic zone. Within
15 days from its receipt of the application, the management board of the
relevant industrial park, export-processing zone, hi-tech zone or economic zone
shall carry out assessment of the received application and issue an investment
registration certificate.
5. Where there are two or more
investors proposing project and requesting the State to lease land or approve
repurposing of land at the same site, the management board of the relevant
industrial park, export-processing zone, hi-tech zone or economic zone shall
consider issuing an investment registration certificate to the investor that
has first submitted a valid application and give written notification thereof
to other investors. If the first submitted application is refused, the
management board of the relevant industrial park, export-processing zone,
hi-tech zone or economic zone shall continue considering other applications on
a first come first serve basis to find out an investor eligible for investment
registration certificate. A foreign investor shall be allowed to establish an
economic organization in charge of executing the investment project before
applying for investment registration.
6. Any adjustment of the project’s
objectives shall comply with corresponding provisions of clause 4 of this Article.
7. Investors that have
successfully completed procedures for investment registration as prescribed in
this Article shall not be required to follow procedures for approval for
investment guidelines, carry out technology appraisal, formulate environmental
impact assessment report and detailed planning, follow procedures for issuance
of construction permit and other procedures for approval or permission in the
fields of construction, and firefighting and prevention.
8.
Before commencing construction, the investor shall send written notification of
commencement date to local authority in charge of managing construction order
and the management board of the relevant industrial park,
export-processing zone, hi-tech zone or economic zone. Such notification is
accompanied with the following:
a) Construction
investment economic-technical report which
includes the contents prescribed in the construction law, and is prepared,
appraised and approved by the investor;
b)
Report on evaluation of the construction investment economic-technical
report which is made by an organization or individual qualified to carry out
evaluation of safety of works, environmental
protection, and firefighting and prevention, and compliance with technical
regulations and standards.
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10. Management boards of
industrial parks, export-processing zones, hi-tech zones or economic zones are
responsible for inspecting, supervising and assessing project execution in accordance with regulations of law; dealing within
their competence or requesting competent authorities to deal with
project-related issues.
11.
The Minister of Planning and Investment of Vietnam shall promulgate regulations
on document forms and applications for execution of investment projects as
prescribed in this Article.
12.
The Government shall elaborate this Article.”.
9. Point
dd clause 2 Article 47 is amended as follows:
“dd) The investor fails to adhere
to the approval for investment guidelines or investment registration
certificate and recommits violation after incurring administrative penalties,
unless the investor fails to comply with the execution schedule specified in
the written approval for investment guidelines or investment registration
certificate or written approval for adjustments to investment guidelines or
modified investment registration certificate.”.
10. Point
a1 is added following Point a Clause 2 Article 48 as follows:
“a1) The investor fails to fulfill
operational objectives of the investment project or operational objectives of
each stage (if any) within 24 months from the end of the schedule for
fulfillment of such objectives indicated in the written approval for investment
guidelines, investment registration certificate, written approval for
adjustments to investment guidelines or modified investment registration
certificate, and is not eligible to adjust the fulfillment schedule as
prescribed, except the case specified in point d of this clause;".
11. Some ordinal numbers of
Appendix IV - List of conditional business lines are amended as follows:
a) The ordinal number 50 is
amended as follows:
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Electricity generation, transmission,
distribution, wholesaling and retailing
b) The ordinal numbers 115, 193,
194, 201 and 202 are amended as follows:
115
Consultancy on urban and rural planning
formulation
193
Antiques and
relics assessment services
194
Site/monument protection, renovation and
restoration project or planning formulation, design, execution and
supervision consultancy services
201
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202
Import of cultural commodities under specialized
management of the Ministry of Culture, Sports and Tourism of Vietnam
c) Ordinal numbers 90a, 90b and
90c are added following the ordinal number 90; ordinal numbers 230, 231 and 232
are added following the ordinal number 229 as follows:
90a
Import, temporary import for re-export, and
temporary export for re-import of unmanned aerial vehicles, other
aircrafts, aircraft engines, aircraft propellers, and equipment of
unmanned aerial vehicles and other aircrafts
90b
Trading in unmanned aerial vehicles, other
aircrafts, aircraft engines, aircraft propellers, and equipment of
unmanned aerial vehicles and other aircrafts
90c
Research, manufacturing, testing, repair and maintenance
of unmanned aerial vehicles, other aircrafts, aircraft engines, aircraft
propellers, and equipment of unmanned aerial vehicles and other
aircrafts
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Trading in intermediate data products and
services
231
Trading in data analysis and consolidation
products and services
232
Data exchange services
d) The ordinal number 11 is
abrogated.
Article 3. Amendments to Law on
Public-Private Partnership (PPP) Investment
1. Point
e1 is added following Point e Clause 16 Article 3 as follows:
“e1) Build – Transfer contract
(hereinafter referred to as ”BT contract”);”;
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“Article 4. PPP investment
sectors and classification of PPP projects
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 products and services, except the following projects:
a) Projects subject to the State
monopoly requirement as prescribed by laws;
b) Projects in national defense,
security and social order and safety sectors or industries as prescribed in the
law on public investment.
2. PPP projects shall be
classified by the jurisdiction to issue investment policy decisions, including:
a) PPP projects falling under the
National Assembly’s delegated authority to grant investment policy decisions;
b) PPP projects falling under the
Prime Minister's delegated authority to issue investment policy decisions;
c) PPP projects falling under the
authority to grant investment policy decisions delegated to Ministers, heads of
central authorities and other agencies specified in Clause 1 Article 5 of this
Law;
d) PPP projects falling under the
authority to grant investment policy decisions delegated to provincial People’s
Councils;
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e) PPP projects which are not subject
to investment policy decision requirement, including those projects specified
in clauses 2a, 2b and 2c Article 11 of this Law.”.
3. Points
b and c clause 1 Article 6 are amended as follows:
“b) Interdisciplinary Assessment
Board specialized in carrying out an assessment of pre-feasibility study
reports for PPP projects falling under the Prime Minister’s delegated authority
to grant investment policy decisions;
c) Unless assessment tasks are
assigned to affiliated units of the competent authorities mentioned in clause 3
of this Article, the Grassroots-level Assessment Board shall take charge of
carrying out assessment of these reports, including: feasibility study reports
for PPP projects falling under the Prime Minister's delegated authority to issue
investment policy decisions; pre-feasibility study reports and feasibility
study reports for PPP projects falling under the authority to grant investment
policy decisions delegated to Ministers, heads of central authorities, other
agencies, provincial People’s Councils or provincial People’s Committees;
feasibility study reports for PPP projects which are not subject to investment
policy decision requirement, including those projects specified in clauses 2a,
2b and 2c Article 11 of this Law.”.
4. Some clauses of Article 11 are
amended as follows:
a) The first paragraph of clause 1
is amended as follows:
“1. Unless otherwise provided in
Clauses 2, 2a, 2b and 2c of this Article, the PPP project process shall be
prescribed as follows:”;
b) Clauses 2a, 2b and 2c are added
following clause 2 as follows:
“2a. For a PPP project whose
total investment is equivalent to that of Group B or C projects as prescribed
by the Law on public investment and which is not funded by the State capital as
prescribed in Articles 70, 71 and 72 of this Law, PPP project process shall be
subject to the following regulations:
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b) Considering approving the PPP
project on the basis of feasibility study report or construction investment
economic-technical report, and making project announcement;
c) Carrying out investor
selection;
d) Establishing PPP project
enterprise and concluding PPP project contract;
dd) Implementing PPP project
contract.
2b. For a PPP project using
O&M contract, PPP project process shall be subject to the following
regulations:
a) Making and assessing
feasibility study report, approving project and making project announcement;
b) Carrying out investor
selection;
c) Establishing PPP project
enterprise and concluding PPP project contract;
d) Implementing PPP project
contract.
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a) The investor proposes the
project and makes feasibility study report which is accompanied with the draft
contract;
b) The competent authority
organizes assessment of feasibility study report, and approving the project and
the draft contract;
c) Establishing PPP project
enterprise, if proposed by the investor;
d) Concluding PPP project
contract;
dd) Implementing PPP project
contract; organizing supervision of construction and execution of the project,
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, 55,
58, 59, 61, 62, 63, 64, 65 and 66 of this Law.”;
c) Clause 5 is amended as follows:
“5. The Government shall elaborate
this Article.”.
5. Some points and clauses of
Article 12 are amended as follows:
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“a) Using public investment
capital worth VND 30.000 billion or more;";
b) Point b clause 2 is amended as
follows:
“b) The project has total
investment equivalent to that of Group A projects as prescribed by the Law on
public investment, uses public investment capital worth VND 10.000 billion or
more, and is managed by a Ministry or central agency; the project applies BT
contract for which payment is made using state budget revenues earned from the
auction of land or public property which is managed by a central authority and
has historical costs, as recorded in accounting book, of at least VND 500
billion;”;
c) Point d Clause 2 is amended as
follows:
“g1) The project is conformable
with provisions of the Law on cultural heritage, regardless of their size of
land used and population within the protected zone I of the monument recognized
by competent authorities as a special national-level monument on the list of
world heritage sites.”;
d) Clauses 3 and 4 are amended,
and Clause 4a is added following Clause 4 as follows:
“3. Ministers, heads of central
authorities and other agencies shall be accorded authority to issue investment
policy decisions for the following PPP projects:
a) The projects falling under the
management of Ministries, central authorities or other agencies, except those
prescribed in Clauses 1 and 2 of this Article;
b) The projects applying BT
contracts for which payment is made using state budget revenues earned from the
auction of land or public property which has historical costs, as recorded in
accounting book, of at least VND 500 billion, and falls under the management of
Ministries, central authorities or other agencies.
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a) The projects falling under the
management of provincial governments and having total investment equivalent to
that of group A projects as prescribed by the Law on public investment, except
those projects specified in clauses 1 and 2 of this Article;
b) The projects specified in
clause 3 Article 5 of this Law, managed by competent authorities that are provincial
governments as assigned by the Prime Minister, and having total investment
equivalent to that of group A projects as prescribed by the Law on public
investment, except those projects specified in clauses 1 and 2 of this Article.
4a. Provincial People’s Committees
shall be accorded authority to issue investment policy decisions for the
following PPP projects:
a) The projects falling under the
management of provincial governments, except those projects specified in
clauses 1, 2 and 4 of this Article;
b) The projects specified in
clause 3 Article 5 of this Law, managed by competent authorities that are
provincial governments as assigned by the Prime Minister, and having total
investment equivalent to that of group B or C projects as prescribed by the Law
on public investment;
c) The projects applying BT
contracts for which payment is made using state budget revenues earned from the
auction of land or public property which falls under the management of
provincial government.”.
6. Some Points and Clauses of
Article 13 are amended and abrogated as follows:
a) Point c clause 1 is amended as
follows:
“c) The State Assessment Board
conducts an assessment of the submitted pre-feasibility study report;”;
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“4a. Procedures for issuing
an investment policy decision for a PPP project falling under the delegated
authority of a provincial People’s Committee shall comply with the following
regulations:
a) The PPP project preparation
unit prepares a pre-feasibility study report as the basis for submission to the
provincial People’s Committee for its consideration and decision;
b) Grassroots-level Assessment
Board or authorized assessment unit carries out assessment of pre-feasibility
study report;
c) Grassroots-level Assessment
Board or authorized assessment unit completes and sends assessment report to
the PPP project preparation unit;
d) The PPP project preparation
unit prepares complete documentation for submission to the provincial People's
Committee for its consideration and decision;
dd) The Provincial People’s
Council issues an investment policy decision.”;
c) Points d and dd clause 2, point
c clause 3, point c clause 4 of this Article are abrogated.
7. Some points and clauses of
Article 14 are amended as follows:
a) Clause 1 is amended as follows:
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a) Necessity of making investment;
b) Conformity with the sectors or
industries specified in clause 1 Article 4 of this Law;
c) The selected project is not the
duplicate of any other project obtaining an investment policy decision or
project approval decision;
d) PPP investment approach brings
about more benefits than other investment approach on the basis of these
comparison factors, including: investment preparation costs; possibility of
attracting the investor’s capital, technologies and managerial skills; the
competent authority’s capacity for executing the project and fulfilling
contractual obligations;
dd) State capital may be available
on demand or state budget-derived funding or land areas may be available for
payments made for the project applying BT contract for which payment is made
using unoccupied land areas or state budget-derived funding.";
b) Points d, dd and e Clause 3 are
amended as follows:
“d) Preliminary assessment of the
socio-economic efficiency of the project; preliminary assessment of environmental
impacts in accordance with the same regulations of the law on environmental
protection as those applied to public investment projects;
dd) Preliminary total investment
estimate; preliminary assessment of the project's financial plan; proposal for
use of state capital invested in the project (if any); proposal for application
of the method of payment to the investor with respect to the project applying
BTL, BLT or BT contract for which payment is made using state budget-derived
funding or unoccupied land areas, in which the location, area and estimated
value of the land area to be used for payment must be clearly indicated;
e) Proposed type of the PPP
project contract; investment incentive and guarantee forms; mechanism for
distribution of reduced revenues (if any).”.
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a) Clause 1 is amended as follows:
“1. The PPP project preparation
unit shall make a feasibility study report which includes the contents
specified in clause 2 of this Article. The feasibility study report may be made
during the assessment and approval for investment policies, provided that the
project approval must be granted on the basis of the investment policy
decision.”;
b) The first paragraph of Clause 2
is amended as follows:
“2. Unless otherwise prescribed in
clauses 3 and 4 of this Article, a feasibility study report shall inter alia
include the following main subject matters:”;
c) Point i Clause 2 is amended as
follows:
“i) Socio-economic efficiency of
the project.”;
d) Clauses 3, 4, 5 and 6 are added
following clause 2 as follows:
“3. For a project applying O&M
contract, the feasibility study report shall inter alia include the following
main subject matters:
a) Necessity of project execution;
more advantages provided by O&M contract than other investment form;
impacts of the PPP project on communities at the project site which are
determined on the basis of opinions given by the People's Council, People's
Committee and Vietnamese Fatherland Front of the province where the project is
carried out, and/or investment sector-related trade association;
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c) Explanatory notes on requirements
concerning the plan for management and commercial operation of infrastructure
works or systems; quality of public products and services;
d) Information on the project
contract, including: contract term, project-related risk analysis and risk
management measures;
dd) Investment incentive or
guarantee forms;
e) Total investment; financial
plan; capability to raise capital for execution of project;
g) Socio-economic efficiency of
the project.
4. For a project applying BT contract
without payment requirements, the feasibility study report shall include the
contents prescribed in the law on construction and other relevant laws,
provided that the project satisfies the eligibility requirements for PPP
investment laid down in points a, b and c clause 1 Article 14 of this Law.
5. Regarding PPP projects for
which only construction investment economic-technical report is required, the
construction investment economic-technical report shall include the contents
prescribed in the law on construction and those in points a, e, g, h and i
clause 2 of this Article.
6. Project preparation units shall
organize assessment of environmental impacts of the projects subject to
environmental impact assessment requirements or follow procedures for
application for environmental license as prescribed in the law on environmental
protection. The selected investor or PPP project enterprise shall not be
required to carry out assessment of environmental impacts during performance of
PPP project contract.".
9. Clauses
2 and 3 are amended, and Clause 4 is added following Clause 3 Article 21 as
follows:
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a) The projects falling under
their management as prescribed in Clauses 2 and 3 of Article 12 in this Law;
b) The projects applying O&M
contract and falling under their management;
c) The projects applying BT
contract without payment requirements and proposed by investors at other Ministries,
central authorities or other agencies.
3. Chairpersons of Provincial
People’s Committees shall be accorded authority to approve the following PPP
projects:
a) The projects falling under
their management as prescribed in Clauses 2, 4 and 4a Article 12 of this Law;
b) The projects applying O&M
contract and falling under their management;
c) The projects applying BT
contract without payment requirements and proposed by investors in other
provinces.
4. For PPP projects whose total
investment is equivalent to that of Group B or C projects as prescribed by the
Law on public investment and which are not funded by the State capital as
prescribed in Articles 70, 71 and 72 of this Law, Ministers, heads of central
authorities or other agencies, or Chairpersons of Provincial People’s
Committees shall consider approving such projects on the basis of their
feasibility study reports which are prepared and assessed according to Articles
19 and 20 of this Law.".
10. Clause
2 Article 28 is amended as follows:
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a) Draw up a shortlist during
preparation of the feasibility study report on the basis of the investment
policy decision;
b) Organize formulation of bidding
documents during the project preparation as prescribed in Chapter II of this
Law, provided that the approval for bidding documents is given on the basis of
the investment policy decision and/or project approval decision.”.
11. Clause
3 Article 42 is amended as follows:
“3. Financial – commercial
evaluation shall be made adopting the comparison or ranking approach specified
in the bidding documents. The comparison and ranking approach shall be
developed according to financial – commercial evaluation standards, including
one or some of the following standards:
a) Standards for public product
and service prices and charges;
b) Standards for state capital
used for supporting the construction of infrastructure works and systems;
c) Standards for social and state
benefits;
d) Payment value standards.”.
12. Some clauses of Article 45 are
amended as follows:
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“1. The group of project contracts
applying the user-pays principle, or offtake agreement for public products and
services, or another business form, including:”;
b) Clauses 2a and 2b are added
following clause 2 as follows:
“2a. BT contract means a
contract which is signed by and between a competent authority and the investor
or project enterprise (if any) to serve the construction of infrastructure
works or systems and under which the investor shall transfer the BT project to
the competent authority upon completion.
A BT contract is performed in the
following forms:
a) BT contract for which payment
is made using the land area appropriated in accordance with regulations of the
Land Law or managed by a State authority or organization for executing the
counterpart project. Land areas shall be allocated or leased for executing the BT
project works and the counterpart project without conducting auction of land
use rights (LURs) and bidding for selecting investor executing the project
involving land use. Procedures for land allocation or land lease shall be
followed in accordance with regulations of the Land Law. The estimated price of
the land area used as payment for the BT project shall be calculated employing
the land price schedule announced at the time of preparation of the project or
bidding documents. Payment shall be made adopting the mechanism for offsetting
difference between the value of BT project works and the value of the land area
used as payment;
b) BT contract for which payment
is made using state budget-derived funding for public investments or state
budget revenues earned from auction of unoccupied land or public property, and
then is recorded as state budget revenue and expense. 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;
c) BT contract without payment
requirement.
2b. The Government shall elaborate
Points a and b Clause 2a of this Article.”.
13. Clause 1 is amended and clause 1a is added following
clause 1 Article 49 as follows:
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1a.
The project contract which is BT contract without payment requirement shall be
concluded on the basis of the project approval decision and contract
negotiation result.”.
14. Some clauses of Article 52 are
amended as follows:
a)
Clause 2a and Clause 2b are added following Clause 2 as follows:
“2a. The investor or PPP
project enterprise shall be entitled to payment of costs in the following case
of early termination:
a) The case prescribed in point a,
b or dd clause 2 of this Article where the contracting authority is burdened
with the responsibility to make payment for the project contract; or
b) The case prescribed in point d
clause 2 of this Article which occurs through the fault of the contracting
authority.
2b. Amounts of compensations and
costs associated with early termination paid to the investor or PPP project
enterprise as prescribed in clause 2a of this Article must be duly audited by
the State audit office to form the basis for making payment to the investor or
PPP project enterprise. The contracting authority and the investor or PPP
project enterprise may reach an agreement on audit of these costs by hired
independent auditing organization.”;
b) Clause 6 is amended and clause
6a is added following clause 6 as follows:
“6. In the case of early
termination of the PPP project contract prescribed in clause 2a of this
Article, funding for covering costs of acquisition of the PPP project
enterprise or compensation and other costs associated with the early
termination of contract shall be derived from state budget as prescribed by
laws. In the case of early termination occurring at the investor’s fault as
prescribed in point c or d clause 2 of this Article where the contracting
authority and lender have successfully selected a substitute investor, the
existing investor shall be responsible for transferring shares or contributed
capital portions to the selected substitute investor.
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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 point b clause 2 Article
89, 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 following 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 point b clause 2
Article 89, 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 provincial-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.”.
15. Clause 1 Article 57 is amended as
follows:
“1. Based on the feasibility study
report and the provisions of the PPP project contract, the PPP project
enterprise must perform one, some or all of the following tasks:
a) Making the construction design
after the basic design of the infrastructure works or system of the PPP project
in accordance with regulations of law on construction, except the case
specified in point c of this clause;
b) Making the design of the
infrastructure system of the PPP project in accordance with relevant
regulations of law, for a project without construction components, except the
case specified in point c of this clause;
c) For a PPP project using public
investment capital by splitting into sub-projects, the PPP project enterprise
shall make the construction design after the basic design of the infrastructure
works or system using the investor’s capital; make construction drawing of the
infrastructure works or system of the sub-project using public investment
capital according to the approved technical design;
d) For a PPP project using public
investment capital by aligning capital with specific items, in addition to the
tasks specified in points a and b of this clause, the PPP project enterprise
shall also make cost estimate for the item using public investment capital, and
send it to the construction-specialized authority in accordance with regulations
of law on construction, for a project with construction components, or a
specialized authority in accordance with other relevant regulations of law, for
a project without construction components, for assessment purposes.".
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a) Point b clause 1 is amended as
follows:
“b) Paying the PPP project
enterprise for its provision of public products and services under the BTL or
BLT contract; paying the investor or PPP project enterprise under the BT contract
for which payment is made using state budget-derived funding;”;
b) Point d Clause 1 is amended as
follows:
“d) Compensating for the reduced
revenue; paying compensation and costs associated with early termination of the
contract;";
c) Clause 2 is amended, and
clauses 2a and 2b are added following Clause 2 as follows:
“2. The proportion of state
capital participating in a PPP project as prescribed in Points a and c Clause 1
of this Article must not exceed 50% of the project's preliminarily estimated
total investment or total investment, except the case specified in clause 2a of
this Article.
2a. The proportion of state
capital participating in a PPP project may be higher than the one prescribed in
clause 2 of this Article but shall not exceed 70% of the project's
preliminarily estimated total investment or total investment if the PPP project
satisfies one, some or all of the following conditions:
a) The project’s costs prescribed
in point c clause 1 of this Article exceed 50% of its preliminarily estimated
total investment or total investment;
b) The project is executed in an
area facing socio-economic difficulties or extreme socio-economic difficulties,
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;
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2b. Where the PPP project
satisfies one, some or all of the conditions set out in clause 2a of this
Article, the competent authority issuing the investment policy decision shall
decide the proportion of state capital participating in the project according
to the following provisions:
a) If the PPP project is not split
into sub-projects, the proportion of state capital participating in the project
shall not exceed 70% of its preliminarily estimated total investment or total
investment;
b) If the PPP project is split
into PPP sub-projects, the proportion of state capital participating in the
project shall not exceed 70% of the preliminarily estimated total investment or
total investment of each sub-project;
c) If the PPP project is split
into sub-projects which include public investment sub-project and PPP
sub-project, the proportion of state capital participating in the project shall
not exceed 70% of the preliminarily estimated total investment or total
investment of the PPP sub-project. Where these tasks of the project, including
compensation, land clearance, support, resettlement and support for
construction of temporary works, are split to create an independent sub-project
using public investment capital, the PPP sub-project may be eligible for the
proportion of state capital of not exceeding 70% of its preliminarily estimated
total investment or total investment if it meets the conditions set out in points
b and c clause 2a of this Article.”.
17. Clause
4 Article 70 is amended as follows:
“4. State capital used for
supporting the construction of infrastructure works or system shall be derived
from public investment capital as prescribed in the law on public investment.”.
18. Some clauses of Article 73 are
amended as follows:
a) Clause 1 is amended as follows:
“1. Project preparation costs of
competent authorities, PPP project preparation units; expenses for the
assessment conducted by PPP Project Assessment Boards and the units assigned to
the task of assessing PPP projects; expenses for organization of the investor
selection or signing of contracts by competent authorities or bid solicitors
shall be covered by public investment capital, funding for covering recurrent
expenditures, and other lawful capital sources, and shall be included in the
total investment in each project.”;
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“3. Expenses for project
implementation after signing a contract by a competent authority or a contracting
authority shall be covered by their funding for covering recurrent expenditures
and other lawful capital sources.”.
19. Clause
3 is amended and clause 3a is added following clause 3 Article 82 as follows:
“3. The mechanism for sharing of
the reduced revenue specified in Clause 2 of this Article must be determined
according to the investment policy decision. Based on actual situations of each
sector or locality 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:
a) Annual central- and local-government budget’s reserves for development
investment expenditures. Procedures for formulation and approval for the
project funded by annual central- and
local-government budget’s reserves for development investment expenditures
shall be followed in accordance with regulations of the law on public
investment and the law on state budget;
b) The increase in revenues and
decrease in expenditures of central- and
local-government budgets for development investment expenditures. Procedures for formulation and approval for the
project funded by the increase in revenues and decrease in expenditures
as prescribed in this point shall be followed in
accordance with regulations of the law on public investment and the law on
state budget;
c) Central- and local-government
budget’s general provisions for medium-term public investment plan. Procedures
for formulation and approval for the project funded by the general provisions
as prescribed in this point shall be followed in accordance with regulations of
the law on public investment.
Expenses for dealing with the
revenue reduction sharing mechanism prescribed in this clause are specified in
the project contract.
3a. For projects falling
under the authority to grant investment policy 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
grant investment policy decisions of Provincial People’s Councils or Provincial
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 People’s
Committee that acts as the competent authority as assigned by the Prime
Minister shall determine and include the responsibility of each provincial
government to compensate the reduced revenue in the project’s investment policy
decision”.”
20. Article
86 is amended as follows:
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1. State regulatory authorities in
charge of PPP investments at the central level shall supervise the processes
for implementation of PPP projects prescribed at Point a, b and c of Clause 2
Article 4 of this Law and other projects assigned by the National Assembly and
the Prime Minister.
2. State regulatory authorities in
charge of PPP investments at the local level shall supervise the processes for
implementation of PPP projects prescribed at Points d, dd and e Clause 2
Article 4 of this Law.”.
21. Clause
1 Article 91 is amended as follows:
“1. Issue, within their
jurisdiction, or request competent authorities to issue, legislative documents
regarding financial management mechanisms to be applied to PPP investments, and
payment and settlement mechanisms to be applied to projects applying BT
contract.”.
22. Some Points and Clauses of
Article 101 are amended and abrogated as follows:
a) Clause 4 is amended as follows:
“4. Except projects applying BT
contract, PPP project contracts signed before January 01, 2021 shall still
remain valid; if any modifications which need to be made to the project
contract but for which regulations of law in force at the time of contract
conclusion are not available, the parties to the contract may reach agreement
on making such modifications in accordance with provisions of this Law and
relevant laws in force at the time of modification.”;
b) Point d Clause 5 is abrogated.
Article 4. Amendments to Law on
Bidding
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a) Clause 5 is amended as follows:
“5. The selection of contractors
for projects which are funded by the official development assistance (ODA)
funds/foreign concessional loans under international conventions to which the
Socialist Republic of Vietnam is a signatory (hereinafter referred to as
“international conventions") or foreign loan agreements shall comply with
such international conventions or foreign loan agreements. If the international
convention or foreign loan agreement does not provide for the contractor
selection or states that the contractor selection is subject to the domestic
law of Vietnam, this Law shall apply.
Before entering into the
international convention or foreign loan agreement containing specific
regulations on bidding which are different from those of this Law or are not
included in this Law, the authority in charge of negotiation tasks shall submit
a report requesting the Government to consider and decide to apply regulations
adopted by the donor or international organization of which the State or
Government of the Socialist Republic of Vietnam is a member.”;
b) Point d Clause 7 is amended as
follows:
“d) Selection of contractors
supplying goods, consulting services and non-consulting services for ensuring
uninterrupted business and production, and for procurements for maintaining
regular activities funded by business budget of state-owned enterprises or
wholly state-owned enterprises; selection of contractors for executing the
packages of the investment projects specified in Clause 3 Article 2 of this
Law; selection of suppliers of goods, consulting services and non-consulting
services which are directly used for executing the packages for which contracts
have been signed with public sector entities;”.
2. Point a
Clause 1 Article 5 is amended as follows:
“a) A domestic bidder or
investor must be an enterprise, cooperative, cooperative union, artel, public
sector entity, foreign-invested business organization or another organization
that is duly established and operating under the law of Vietnam. A foreign
bidder or investor must be duly established and operating under the law of
their home country;”.
3. Some points and clauses of
Article 6 are amended as follows:
a) Point d Clause 1 is amended as
follows:
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b) Point d Clause 4 is amended as
follows:
“d) None of the bidder and
consultants for the same package holds shares or stakes of each other; the
bidder and any of these consultants do not jointly hold more than 20% of shares
or stakes of another entity, except the case prescribed in clause 4a of this
Article.”;
c) Clause 4a is added following
clause 4 as follows:
“4a. Parent companies,
subsidiaries and associate companies of the same state-owned corporation or
group may bid for the package of each other if the goods and services of this
package are included in the main business lines of that state-owned corporation
or group. For a mixed package in which a state-owned corporation or parent
company, subsidiary or associate company of that state-owned corporation acts
as the employer or the procuring entity, none of the bidder and the consultants
for formulation and verification of comprehensive technical design, feasibility
study report (if formulation of comprehensive technical design is not
required), or technical-economic report (if neither of feasibility study report
and comprehensive technical design is required by the law on construction)
holds shares or stakes of each other; the bidder and any of these consultants
do not jointly hold more than 30% of shares or stakes of another entity.”.
4. Clause
9 Article 16 is amended as follows:
“9. The contractor selection is
conducted before determining funding sources as prescribed in Clause 3 Article
39 of this Law, except cases of bidding in advance as prescribed in Article 42
of this Law.".
5. Point e
is added following point dd clause 1 Article 17 as follows:
“e) Bid cancellation is made
according to provisions of Clause 5 Article 42 of this Law.”.
6. Clause
1 Article 19 is amended as follows:
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a) The employer establishes or
assigns tasks to the expert team in case of contractor selection;
b) The EOI requester or procuring
entity establishes or assigns tasks to the expert team in case of investor
selection;
c) The consultant establishes the
expert team in case a consultant is employed to provide consultancy on
preparation of EOI request, prequalification document, bidding documents or
RFP; evaluation of EOIs, prequalification applications, bids, proposals or
applications for execution of investment project.”.
7. Some Points and Clauses of
Article 23 are amended as follows:
a) Point c clause 1 is amended as
follows:
“c) Packages for supply of
consulting services, non-consulting services, drugs, chemicals, test equipment,
medical devices, spare parts, accessories, facilities, construction, plant
protection chemicals, crop seeds, chemical disinfectants or supplies which need
to be executed immediately to serve epidemic and disease prevention and combat;
packages for supply of consulting services, non-consulting services, goods or
construction to maintain operation of health facilities in urgent cases so as
to avoid causing harm to the life and health of people; packages for purchase
of drugs, chemicals, test equipment, medical devices, spare parts, accessories
used in giving emergency aid to patients as prescribed in the Law on Medical
Examination and Treatment in case health facilities lack such drugs, chemicals,
test equipment, medical devices, spare parts, accessories; packages for
purchase of drugs or medical devices which can be manufactured by the only one
manufacturer in the market;”;
b) Point g Clause 1 is amended as
follows:
“g) Consulting service packages
for preparation of feasibility study reports or construction engineering which
are designated to the authors of work architecture designs that win the bidding
or are selected when they satisfy relevant capacity requirements laid down in
the Law on construction; packages for construction or reconstruction of
monuments, relief, grant murals and artistic works subject to copyright from
the stage of creation to the stage of construction; consulting service packages
for preparation of urban and rural plannings which are designated to the
authors of urban and rural planning initiatives that have been successful in
the urban and rural planning competition; consulting service packages for
archaeological exploration and excavation; packages for consultancy on or
execution of renovation or restoration of national-level monuments, special
national-level monuments and world cultural heritage sites;”;
c) Point m Clause 1 is amended as
follows:
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d) Point a Clause 3 is amended as
follows:
“a) There is a decision on
investment in the project, except consulting service packages for project
preparation; there is a decision on approval for planning tasks, for packages
of consultancy on formulation of plannings and other packages for formulation
of plannings, except those packages which need to be executed before planning
tasks are approved and cases where approval for planning tasks is not required
as prescribed by the Law on planning;”.
8. Article
29 is amended as follows:
“Article 29. Contractor
selection in special circumstances
1. Contractor selection in special
circumstances shall apply to packages or projects or procurement cost estimates
that have one or some specific requirements regarding contractor selection
criteria and procedures, and contract signing and execution or, when executed,
must meet strict national defense and security, external affairs, border and
territorial security requirements, or packages for performance of national
political tasks which cannot be executed adopting any of the contractor
selection methods prescribed in Articles 21 through 28 of this Law.
2. The Government shall elaborate
this Article.”.
9. Point a
Clause 1 Article 30 is amended as follows:
“a) Competitive bidding or limited
bidding for consulting service, procurement, construction or mixed packages; A
package which meets the requirement laid down in point b clause 1 Article 31 of
this Law may be executed adopting either single-stage one-envelope procedure or
single-stage two-envelope procedure;”.
10. Point
b clause 1 Article 31 is amended as follows:
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11. Clause
3 is added following clause 2 Article 34 as follows:
“3. Investor selection in
special circumstances.”.
12. Article
34a is added following Article 34 as follows:
“Article 34a. Investor
selection in special circumstances
1. Investor selection in special
circumstances shall apply to investment projects that have one or some specific
requirements regarding investment procedures; procedures for land allocation or
land lease or allocation of sea areas; investor selection procedures, methods
and criteria, and contents of investment project contract, or must meet strict
national defense and security, external affairs, border and territorial
security, and national interest requirements, or projects for performance of
national political tasks which cannot be executed adopting any of the investor
selection methods prescribed in clauses 1 and 2 Article 34 of this Law.
2. The Government shall elaborate
this Article.”.
13. Point
a Clause 1 Article 38 is amended as follows:
“a) The project approval decision
and relevant documents, except packages which need to be executed before the
project is approved; decision on approval for planning tasks and relevant
documents, for packages of consultancy on formulation of plannings and other
packages for formulation of plannings, except those packages which need to be
executed before planning tasks are approved and cases where approval for
planning tasks is not required as prescribed by the Law on planning. In case a
package needs to be executed before the project is approved, the decision
issued by the head of the entity acting as the project employer or the head of
the unit tasked with preparing the project, if the project employer is not yet
identified, shall be used;”.
14. Article
42 is amended as follows:
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1. Bidding in advance means
performance of some procedures before concluding an international convention or
foreign loan agreement, for a project funded by ODA or foreign concessional
loan, or before the project is approved with the aim of accelerating the
project execution schedule, except packages which need to be executed before
the project is approved.
2. Bidding in advance may be
applied to the following packages:
a) Procurement package of which
the scope of supply and technical requirements have been clearly determined;
b) Consulting service,
non-consulting service, procurement or construction packages which serve
performance of compensation, land clearance, relocation of technical
infrastructure facilities, mine action, planning or resettlement tasks;
c) Packages for consultancy on
project management in respect of tasks performed after the project is approved,
preparation of technical design and construction drawings, and construction
supervision;
d) Packages of projects funded by
ODA or foreign concessional loans in which bidding in advance is a requirement
imposed by the foreign donor. If bidding in advance is not required by the
foreign donor, the bidding in advance for packages of a project funded by ODA
or foreign concessional loan may be carried out in accordance with provisions
of points a, b and c of this clause.
3. Regarding the package specified
in clause 2 of this Article, these procedures may be followed before the
project is approved or before concluding the relevant international convention
or foreign loan agreement:
a) Preparation, appraisal and
submission of the contractor selection plan for approval;
b) Shortlisting (if any);
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d) Evaluation of bids or
proposals;
dd) Consideration for contract
award, determination of successful bidder.
The signing of contract shall be
carried out only after the project is approved; the contract for a package of
the project funded by ODA or foreign concessional loan may be signed before the
international convention or foreign loan agreement is concluded but after such
signing must occur after the project is approved.
4. In case of bidding in advance,
bidders shall not be required to furnish bid securities as prescribed in
Article 14 of this Law but must include commitments on participation in bidding
in their bids.
5. EOI request, prequalification
document, RFP or bidding documents must clearly determine responsibilities of
bidders and of the employer in bidding in advance as prescribed in this
Article.
Where the application for project
approval is refused or the conclusion of the international convention or
foreign loan agreement is unsuccessful and no available fund can be used for
executing the project, the employer shall follow bid cancellation procedures
without reimbursing bidders for their costs incurred during participating in
bidding.
6. The employer or head of the
unit tasked with preparing the project may establish a package for one or some
of the following tasks, including construction survey, preparation of
pre-feasibility study report or report on proposal for investment guidelines,
detailed construction planning, feasibility study report, technical - economic
report, technical design and construction drawings, and construction
supervision, for organizing contractor selection. Preparation of technical
design and construction drawings, and construction supervision shall be carried
out only after the project is approved.
7. The tasks mentioned in this
Article shall be performed following the procedures in Clause 1 Article 43 of
this Law. The grounds in clause 1 Article 38 of this Law may be disregarded
during the preparation of contractor selection plans for the packages to which
bidding in advance applies.
15. Point
d clause 1 Article 43 is amended as follows:
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With regard to procurement,
construction or non-consulting service package to be executed adopting the
international bidding method, a mixed package or a package to be executed
adopting limited bidding method as prescribed in clause 1 Article 22 of this
Law, the procuring entity may conduct contract negotiation with the
first-ranked bidder if it is deemed necessary;”.
16. Point b and Point dd
Clause 1 Article 45 are amended as follows:
a) Point b is amended as follows:
“b) In case of competitive bidding
or limited bidding, the minimum period between the first date on which the
bidding documents are issued and the deadline for submission of bids which is
given for bidders to prepare their bids shall be 18 days for domestic bidding
or 35 days for international bidding. In case of a construction or mixed
package whose price does not exceed VND 20 billion or a procurement or
non-consulting service package whose price does not exceed VND 10 billion, this
period shall be 09 days for domestic bidding or 18 days for international
bidding. In case of an uncomplicated consulting service package or a consulting
service package whose price does not exceed VND 500 million or an urgent
consulting service package which needs to be executed immediately to meet
execution schedule requirements, this period shall be at least 07 days for
domestic bidding;”;
b) Point dd is amended as follows:
“dd) The amendment of bidding
documents must be made at least 10 days before the deadline for submission of
bids. In case of a construction or mixed package whose price does not exceed
VND 20 billion, or a procurement or non-consulting service package whose price
does not exceed VND 10 billion, an uncomplicated consulting service package or
a consulting service package whose price does not exceed VND 500 million, or an
urgent consulting service package which needs to be executed immediately to
meet execution schedule requirements, bidding documents may be amended at least
03 days before the deadline for submission of bids. The amendment of EOI
request or prequalification document must be made at least 03 days before the
deadline for submission of bids.”.
17. Clause
2 Article 55 is amended as follows:
“2. Regarding the procurement of
drugs and medical devices which will be then retailed at pharmacies within the
precincts of public health facilities, or procurement of vaccines used in
providing on-demand vaccination services, health facilities shall themselves
decide their procurement in a manner that ensures openness, transparency,
economic efficiency and accountability.”.
18. Point
a Clause 3 Article 58 is amended as follows:
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19. Clauses 4 and 10
Article 78 are amended as follows:
a) Clause 4 is amended as follows:
“4. Decide to establish the
procuring entity with personnel that are qualified to perform contractor
selection tasks; employ qualified consultant to act as the procuring entity or
to perform certain tasks of the procuring entity in case qualified personnel
are not available; 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.”;
b) Clause 10 is amended as
follows:
“10. Cancel bidding process in the
cases specified Points a and e Clause 1 Article 17 of this Law.”.
20. Point
b Clause 1 Article 79 is abrogated.
21. The
phrase “vốn vay ưu đãi của nhà tài trợ nước ngoài” (“concessional loans granted
by foreign donors”) is replaced with the phrase “vốn vay ưu đãi nước ngoài”
(“foreign concessional loans”) in heading of Article 3, point a clause 7
Article 3, point dd clause 1 Article 38 and clause 3 Article 39.
Article 5. Effect
1. Article 39 and Article 40 of
the Law on the Capital No. 39/2024/QH15 are abrogated.
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3. Provisions on BT contracts for
which payment is made using unoccupied land areas or state budget-derived
funding in point b clause 12 Article 3 of this Law come into force from July
01, 2025.
4. Provisions of Point clause 19
and clause 20 Article 1; clause 2 Article 2; points b, c and d clause 11
Article 2 of this Law come into force from July 01, 2025.
Article 6. Transition
1. Transitional provisions on
amendments to the Law on Planning:
a) Funding for covering planning
costs allocated before the effective date of this Law shall continue to be used
in accordance with regulations of relevant laws in force at the time of funding
allocation;
b) Adjustments to plannings which
are made under the Resolution No. 61/2022/QH15 dated June 16, 2022 of the
National Assembly and have been submitted to relevant Ministries and
ministerial agencies for their opinions before the effective date of this Law
shall continue to be made in accordance with provisions of this Resolution No.
61/2022/QH15;
c) Ministries, ministerial
agencies and provincial People's Committees shall consider promulgating the
plans for implementation of national sector plannings and provincial plannings
which have been submitted to the Prime Minister before the effective date of
this Law but are yet to be promulgated in accordance with provisions of clauses
17 and 18 Article 1 of this Law.
Any adjustments to the plans for
implementation of national sector plannings and provincial plannings which have
been promulgated by the Prime Minister before the effective date of this Law
must comply with provisions of clauses 12, 17 and 18 Article 1 of this Law.
d) If the implementation of a
resolution of the National Assembly, the Standing Committee of National
Assembly, or the Government or a Provincial People’s Council causes changes in
one or some contents concerning implementation phasing, parameters and
information of a national, regional or provincial planning for the 2021 - 2030
period which has been decided or approved by a competent authority before the
effective date of this Law but causes no change in viewpoints and objectives of
the planning, adjustments to the planning may be made following simplified
procedures in clause 16 Article 1 of this Law.
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a) From the effective date of this
Law, processing of the applications for approval for or adjustment to
investment guidelines of investment projects on construction
and commercial operation of infrastructure facilities in industrial zones or
export processing zones; investment projects on construction of ports and
wharves of special seaports in which total investment is less than VND 2.300
billion; investment projects that comply with the provisions of the Law on
cultural heritage, regardless of their size of land used and population, within
the protected zones I and II of the monument recognized by competent
authorities as a national-level monument or a special national-level monument,
except protected zones I of special national-level monuments on the list of
world heritage sites, which have been submitted before the effective date of
this Law and are considered valid but not yet processed shall be subject to the
following provisions:
a.1) If the project has been
submitted to the Prime Minister for considering and giving approval for its
investment guidelines 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 and Law No. 43/2024/QH15 (hereinafter
referred to as “Law No. 61/2020/QH14”) shall apply;
If requirements or conditions for
approval for the project’s investment guidelines or adjustments thereto laid
down in the Law No. 61/2020/QH14 are yet to be satisfied, the Ministry of
Planning and Investment of Vietnam shall transfer the project dossier,
appraisal opinions and reports to the relevant provincial People’s Committee
for processing within its jurisdiction prescribed in this Law on the basis of
opinions given by the Prime Minister;
a.2) If the project is yet to be
submitted to the Prime Minister for considering and giving approval for its
investment guidelines or adjustments thereto before the effective date of this Law, the Ministry of Planning and
Investment of Vietnam shall transfer the project dossier and appraisal opinions
(if any) to the relevant provincial People’s Committee for processing within
its jurisdiction prescribed in this Law;
a.3) The provincial People’s
Committee shall be allowed to use the project dossier, appraisal opinions and
reports as the basis for considering and giving approval for the project’s
investment guidelines or adjustments thereto in the cases prescribed in
sub-points a.1 and a.2 point a of this clause;
b) Regarding investment projects on construction and commercial
operation of infrastructure facilities in industrial zones or export processing
zones, investment projects on construction of ports and wharves of special
seaports, and investment projects within the protected zones of monuments for
which investment guidelines have been approved by the Prime Minister before the
effective date of this Law but for which the approval for investment guidelines
falls under the jurisdiction of provincial People’s Committees as prescribed in
clause 5 Article 2 of this Law, provincial People’s Committees shall have the
power to consider approving adjustments to investment guidelines for these
projects;
c) Regarding the investment
projects prescribed in clause 8 Article 2 of this Law to which approval for
investment guidelines or investment registration certificates have been issued before the effective date of this Law, investors may
follow special investment procedures as follows:
c.1) The investor submits an
application for investment registration as prescribed in clause 8 Article 2 of
this Law which must be accompanied with a report on project execution by the
date of application submission to the management board of the relevant
industrial park, export-processing zone, hi-tech zone or economic zone.
The investor may follow special
investment procedures for each stage of the project which has multiple stages;
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c.3) The investment registration
certificate includes the registered information on the investment project as
prescribed in sub-point c.1 point c of this clause;
The investor is allowed to
commence the investment project under the investment registration certificate
or its replacement issued as prescribed in sub-point c.2 point c of this
clause;
d) Regarding a project to which a
decision on investment guidelines, approval for investment guidelines, approval
for investment or investment registration certificate has been issued before
the effective date of this Law, the 24-month period used as the basis for the
investment registration authority to decide termination of the investment
project in part or in full as prescribed in clause 10 Article 2 of this Law
shall be counted from January 15, 2025 if the end of the schedule for
fulfillment of the main operational objectives of the project indicated in the
issued decision on investment guidelines, approval for investment guidelines,
approval for investment, investment registration certificate or written
adjustment to decision on investment guidelines, approval for adjustments to
investment guidelines or modified investment registration certificate falls
before January 15, 2025.
3. 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 the PPP project is yet to be submitted for assessment or the PPP
Project Assessment Board is yet to be established by the effective date of this
Law, the authority and procedures for project preparation or modification of
investment policy shall comply with provisions of this Law. In case the Project
Assessment Board has been established and the assessment of the investment
policy has been carried out, the procedures and authority to carry out
assessment and issue decision on investment policy or modify 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 the preparation of the
feasibility study report or adjusted feasibility study report for a PPP project
to which a decision on investment policy has been issued by the Prime Minister
is taking place but such feasibility study report or adjusted feasibility study
report is yet to be submitted for assessment or the Interdisciplinary
Assessment Board is yet to be established by the effective date of this Law,
the authority and procedures for approval for the project or adjustments to the
feasibility study report shall comply with provisions of this Law. In case the
Interdisciplinary Assessment Board has been established and the assessment of
the feasibility study report has been carried out, the procedures and authority
to carry out assessment and approval for the project or adjustments to the
feasibility study report shall be subject to regulations of law on
public-private partnership investment in force before the effective date of
this Law;
c) If the selection of investor
for a PPP project to which a decision on investment policy or project approval
has been issued by a competent authority is yet to be organized by the
effective date of this Law, review and adjustment of its investment policy or
adjustment of its feasibility study report may be carried out to serve the
application of provisions of this Law to this project;
d) Regarding PPP projects which
have been being executed under provisions of the Resolution No. 98/2023/QH15
dated June 24, 2023 of the National Assembly on pilot application of some
specific mechanisms and policies to development of Ho Chi Minh City, the
Resolution No. 136/2024/QH15 dated June 26, 2024 of the National Assembly
prescribing organization of urban government and pilot application of some specific
mechanisms and policies to development of Da Nang City, and the Resolution No.
137/2024/QH15 dated June 26, 2024 of the National Assembly on amendments to
pilot application of some specific mechanisms and policies to development of
Nghe An province, the continued execution of these PPP projects under
provisions or the abovementioned Resolutions or provisions of this Law shall be
subject to decision of provincial People's Councils. If provisions of this Law
apply, transitional provisions in points a, b and c of this clause shall apply
to these projects.
4. Transitional provisions on
amendments to the Law on Bidding:
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b) 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 and the approved contractor selection plan is
unconformable with provisions of this Law, approval for modifications to the
contractor selection plan is required to make it conformable with provisions of
this Law.
This Law is ratified by the 15th
National Assembly of the Socialist Republic of Vietnam during its 8th
session held on November 29, 2024.
CHAIRMAN OF THE
NATIONAL ASSEMBLY OF VIETNAM
Tran Thanh Man