Investment under PPP contracts
1. Legal foundation: Decree No. 15/2015/ND-CP dated February 14, 2015, on investment in the form of public-private partnership
2. Investors and project management companies shall sign PPP contracts with competent authorities to execute an investment project to build new infrastructural works, to improve, upgrade, expand, manage, and operate infrastructural works, or to provide public services.
2. Investors and project management companies shall sign PPP contracts with competent authorities to execute an investment project to build new infrastructural works, to improve, upgrade, expand, manage, and operate infrastructural works, or to provide public services.
3. Authority to issue, adjust and revoke the investment registration certificate
3.1. Ministry of Planning and Investment is in charge of the issuance, adjustment and revocation of the investment registration certificate of:
a) The projects of national importance;
b) The projects that are signed by a Ministry, a regulatory body or an authorized agency;
c) The projects that involve multiple provinces.
3.2. Provincial People's Committees is in charge of the issuance, adjustment and revocation of the investment registration certificate of the projects other than those specified in Clause 3.1.
3.3 The procedures for the issuance of investment registration certificate do not apply to group C projects.
a) The projects of national importance;
b) The projects that are signed by a Ministry, a regulatory body or an authorized agency;
c) The projects that involve multiple provinces.
3.2. Provincial People's Committees is in charge of the issuance, adjustment and revocation of the investment registration certificate of the projects other than those specified in Clause 3.1.
3.3 The procedures for the issuance of investment registration certificate do not apply to group C projects.
4. Application, procedures for issuance, adjustment and revocation of investment registration certificate
4.1. Application for the investment registration certificate shall include:
a) A written request for the investment registration certificate;
b) The investment agreement and a draft project contract;
c) A feasibility study report and decision on the project approval;
d) A written approval to use the State funding (if any);
dd) A joint-venture contract and a draft of project enterprise’s charters (if any);
e) Decision on investor selection.
4.2. Number of application sets: 5 copies, including 01 original copy
4.3. Time – limit for processing project file: 25 days from the date of receipt of a valid application.
a) A written request for the investment registration certificate;
b) The investment agreement and a draft project contract;
c) A feasibility study report and decision on the project approval;
d) A written approval to use the State funding (if any);
dd) A joint-venture contract and a draft of project enterprise’s charters (if any);
e) Decision on investor selection.
4.2. Number of application sets: 5 copies, including 01 original copy
4.3. Time – limit for processing project file: 25 days from the date of receipt of a valid application.
5. Establishment of project enterprises
5.1. After being issued with the investment registration certificate, investors shall establish a project enterprise to execute the project according to the target, scope as agreed upon in the project contract. Documents and procedures for the establishment of project enterprise shall adhere to the regulations pertaining enterprises.
5.2. With regard to the projects carried out under the BT contract or the group C project, investors shall establish a project enterprise according to the regulation in Clause 5.1 or directly execute the project, but shall be required to carry out independent management and make accounting report on the capital and project-related activities.
5.2. With regard to the projects carried out under the BT contract or the group C project, investors shall establish a project enterprise according to the regulation in Clause 5.1 or directly execute the project, but shall be required to carry out independent management and make accounting report on the capital and project-related activities.