Circular No. 19/2019/TT-BGTVT dated May 23, 2019 of the Ministry of Transport on guiding in detail investment fields and contents of feasibility study reports of investment projects in the form of public-private partnership in the transport sector

CIRCULAR

Guiding in detail investment fields and contents of feasibility study reports of investment projects in the form of public-private partnership in the transport sector^[1]

Pursuant to Construction Law No. 50/2014/QH13 of June 18, 2014;

Pursuant to November 26, 2014 Law No. 67/2014/QH13 on Investment;

Pursuant to the Government’s Decree No. 63/2018/ND-CP of May 4, 2018, on investment in the form of public-private partnership;

Pursuant to the Government’s Decree No. 12/2017/ND-CP of February 10, 2017, defining the functions, tasks, powers and organizational structure of the Ministry of Transport;

At the proposal of the Director of the Public-Private Partnership Department;

The Minister of Transport promulgates the Circular guiding in detail investment fields and contents of feasibility study reports of investment projects in the form of public-private partnership in the transport sector.

Chapter 1

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular guides in detail investment fields and contents of feasibility study reports of investment projects in the form of public-private partnership in the transport sector.

Article 2. Subjects of application

1. This Circular applies to agencies, organizations and individuals involved in the implementation of investment projects in the form of public-private partnership (below referred to as the PPP form) in the transport sector.

2. This Circular does not apply to build-transfer contracts under which land is used to make payment to investors.

Article 3. General provisions on feasibility study reports

1. A feasibility study report of an investment project in the PPP form must comprise the principal contents prescribed in Clause 1, Article 29 of the Government’s Decree No. 63/2018/ND-CP of May 4, 2018, on investment in the form of public-private partnership (below referred to as Decree No. 63/2018/ND-CP) and this Circular. In addition, a feasibility study report must have the contents prescribed in the Minister of Planning and Investment’s Circular No. 09/2018/TT-BKHDT of December 28, 2018 (below referred to as Circular No. 09/2018/TT-BKHDT).

2. For a project having construction components, a feasibility study report must contain a base design in accordance with the construction law.

Article 4. Investment in the transport sector

Investment projects on construction, renovation, operation, commercial operation and management of infrastructure facilities, and provision of public services in the following fields:

1. Road transport;

2. Railway transport;

3. Inland waterway transport;

4. Maritime transport;

5. Aviation.

Chapter 2