Circular 50/2022/TT-BGTVT agencies performing contracts of investment projects in PPP form

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Circular No. 50/2022/TT-BGTVT dated December 30, 2022 of the Ministry of Transport providing for the performance of functions and tasks of the competent agency and agencies signing and performing contracts of investment projects in the form of public-private partnership managed by the Ministry of Transport
Issuing body: Ministry of TransportEffective date:
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Official number:50/2022/TT-BGTVTSigner:Nguyen Duy Lam
Type:CircularExpiry date:Updating
Issuing date:30/12/2022Effect status:
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Fields:Investment , Transport

SUMMARY

Regulations on performing contracts of investment projects in PPP form

Circular No. 50/2022/TT-BGTVT providing for the performance of functions and tasks of the competent agency and agencies signing and performing contracts of investment projects in the form of public-private partnership managed by the Ministry of Transport is issued on December 30, 2022 by the Ministry of Transport.

Accordingly, the Ministry of Transport shall authorize specialized management departments/administrations/authorities or the Vietnam Expressway Authority (for expressway projects) to act as agencies signing PPP project contracts falling under the competence of the Ministry of Transport (below referred to as agencies signing project contracts).

Concurrently, the Vietnam Expressway Authority (for expressway projects) or specialized management departments/administrations/authorities shall organize the performance of functions and tasks of agencies signing project contracts in the stage of construction in accordance with law and project contracts, specifically as follows: appraisal and approval of construction designs to be implemented after basic designs and work construction cost estimates; ground clearance, etc.

This Circular takes effect on March 1, 2023.

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THE MINISTRY OF TRANSPORT

 

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

No. 50/2022/TT-BGTVT

 

Hanoi, December 30, 2022

CIRCULAR

Providing for the performance of functions and tasks of the competent agency and agencies signing and performing contracts of investment projects in the form of public-private partnership managed by the Ministry of Transport[1]

 

Pursuant to the June 18, 2020 Law on Investment in the Form of Public-Private Partnership;

Pursuant to the Government’s Decree No. 35/2021/ND-CP of March 29, 2021, detailing and guiding the implementation of the Law on Investment in the Form of Public-Private Partnership;

Pursuant to the Government’s Decree No. 56/2022/ND-CP of August 24, 2022, defining the functions, tasks, powers and organizational structure of the Ministry of Transport;

At the proposal of the Director of the Planning and Investment Department;

The Minister of Transport promulgates the Circular providing for the performance of functions and tasks of the competent agency and agencies signing and performing contracts of investment projects in the form of public-private partnership managed by the Ministry of Transport.

 

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular provides for the performance of functions and tasks of the competent agency and agencies signing and performing contracts of investment projects in the form of public-private partnership (below referred to as PPP projects) managed by the Ministry of Transport.

Article 2. Subjects of application

This Circular applies to agencies and units that are assigned to carry out a number of activities of the competent agency, agencies signing contracts of, and agencies, organizations and individuals involved in the implementation of, PPP projects managed by the Ministry of Transport.

Article 3. Interpretation of terms

In this Circular, the terms below are construed as follows:

1. Specialized management departments/administrations/authorities include the Department for Roads of Vietnam, the Vietnam Maritime Administration, the Civil Aviation Authority of Vietnam, the Vietnam Railway Authority, and the Vietnam Inland Waterway Administration.

2. PPP project-preparing unit means a specialized management department/administration/authority or project management unit under the Ministry of Transport (below referred to as project management unit).

Article 4. Competent agency

The Ministry of Transport is the competent agency in charge of PPP projects falling within the ambit of its functions, tasks and powers as specified at Point a, Clause 1, Article 5 of the Law on Investment in the Form of Public-Private Partnership (below referred to as the PPP Law).

Article 5. Agencies signing project contracts

1. The Ministry of Transport shall authorize specialized management departments/administrations/authorities or the Vietnam Expressway Authority (for expressway projects) to act as agencies signing PPP project contracts falling under the competence of the Ministry of Transport (below referred to as agencies signing project contracts).

2. For a project involving two or more departments/administrations/authorities, these departments/administrations/authorities shall reach agreement on reporting to the competent agency for the latter to decide to authorize one of the former to act as the agency signing the project contract.

3. The authorization specified in Clauses 1 and 2 of this Article shall be made in writing, specifically stating the scope, contents and duration of authorization, and responsibilities of the agency authorized to sign and perform the PPP project contract. Authorization documents shall be issued in the law-specified format and must bear seals or digital signatures under regulations.

 

Chapter II

STAGE OF PROJECT PREPARATION

Section 1

PPP PROJECTS FORMULATED BY THE COMPETENT AGENCY

Article 6. Competence to permit the formulation of prefeasibility study reports and select consultants for formulation of prefeasibility study reports        

1. The Minister of Transport shall decide to permit the formulation of prefeasibility study reports for PPP projects falling under his/her management in accordance with the PPP Law.

2. The Planning and Investment Department shall assume the prime responsibility for advising and proposing the Minister of Transport to assign PPP project-preparing units to formulate prefeasibility study reports.

3. PPP project-preparing units assigned to formulate prefeasibility study reports shall perform tasks of project owners and bid solicitors in accordance with law in the course of selection of consultants for formulation of prefeasibility study reports.

Article 7. Formulation and appraisal of prefeasibility study reports, decision on project investment policy

1. For projects subject to investment policy decision by the National Assembly or Prime Minister

a/ PPP project-preparing units assigned to formulate prefeasibility study reports shall formulate prefeasibility study reports in accordance with law, and submit them to the Ministry of Transport for consideration and submission to competent authorities for decision on investment policy;

b/ The Planning and Investment Department shall assume the prime responsibility for advising the Minister of Transport on proposing competent authorities to decide on investment policy.

2. For projects subject to investment policy decision by the Minister of Transport

a/ PPP project-preparing units assigned to formulate prefeasibility study reports shall formulate prefeasibility study reports in accordance with law, and submit them to the Ministry of Transport for appraisal;

b/ The Planning and Investment Department shall assume the prime responsibility for appraising and advising the Minister of Transport on deciding on investment policy.

3. Procedures for appraising and deciding on investment policy must comply with Article 13 of the PPP Law.

Article 8. Modification of prefeasibility study reports

In case of modification of project investment policy under Article 18 of the PPP Law, procedures for proposing competent authorities to decide on modification of PPP project investment policy must comply with Article 7 of this Circular as appropriate to modified contents.

Article 9. Announcement of project information and survey of investor interest

PPP project-preparing units assigned to formulate prefeasibility study reports or feasibility study reports shall announce project information under Article 25 of the PPP Law and survey investor interest in PPP projects under Article 25 of the Government’s Decree No. 35/2021/ND-CP of March 29, 2021, detailing and guiding the implementation of the Law on Investment in the Form of Public-Private Partnership (below referred to as Decree No. 35/2021/ND-CP).

Article 10. Organization of the selection of consultants for formulation of feasibility study reports

PPP project-preparing units shall perform tasks of project owners and bid solicitors in accordance with law.

Article 11. Formulation and appraisal of feasibility study reports and approval of projects

1. Agencies formulating feasibility study reports

a/ The Vietnam Expressway Authority shall assume the prime responsibility for advising and proposing the Minister of Transport to assign PPP project-preparing units to formulate feasibility study reports for expressway projects;

b/ The Transport Construction Investment Management Authority shall assume the prime responsibility for advising and proposing the Minister of Transport to assign PPP project-preparing units to formulate feasibility study reports for projects other than those specified at Point a, Clause 1 of this Article.

2. Formulation and appraisal of feasibility study reports for projects subject to approval by the Prime Minister

a/ PPP project-preparing units assigned to formulate feasibility study reports shall formulate feasibility study reports in accordance with law, and submit them to the Ministry of Transport for consideration and further submission to competent authorities for project approval;

b/ The Vietnam Expressway Authority shall assume the prime responsibility for appraising, and advising the Minister of Transport on proposing competent authorities to approve, expressway projects;

c/ The Transport Construction Investment Management Authority shall assume the prime responsibility for appraising and advising the Minister of Transport on proposing competent authorities to approve projects other than those specified at Point b, Clause 2 of this Article.

3. Formulation and appraisal of feasibility study reports and approval of projects, for projects subject to approval by the Minister of Transport

a/ PPP project-preparing units assigned to formulate feasibility study reports shall formulate feasibility study reports in accordance with law, and submit them to the Ministry of Transport for appraisal;

b/ The Vietnam Expressway Authority shall assume the prime responsibility for appraising and advising the Minister of Transport on approving expressway projects;

c/ The Transport Construction Investment Management Authority shall assume the prime responsibility for appraising and advising the Minister of Transport on approving projects other than those specified at Point b, Clause 3 of this Article.

4. Procedures for appraising and approving PPP projects must comply with Articles 19, 20, 22 and 23 of the PPP Law.

Article 12. Modification of feasibility study reports

In case of adjustment of projects under Article 24 of the PPP Law, procedures for appraisal and approval of PPP project adjustments must comply with Article 11 of this Circular as appropriate to adjusted contents.

Section 2

PROJECTS PROPOSED BY INVESTORS

Article 13. Tasks of agencies and units toward projects proposed by investors

1. The Ministry of Transport shall assign the Vietnam Expressway Authority, for expressway projects, or a specialized management department/administration/authority to examine and review project proposal documents of investors.

2. Departments/administrations/authorities assigned to examine and review project proposal documents mentioned in Clause 1 of this Article shall send reports to the Ministry of Transport, stating their opinion on approval or disapproval of investors’ formulation of prefeasibility study reports. Such a report must have the contents specified in Article 22 of Decree No. 35/2021/ND-CP.

3. Based on reports of departments/administrations/authorities assigned to examine and review project proposal documents, the Planning and Investment Department shall assume the prime responsibility for advising the Ministry of Transport on issuing documents on approval or disapproval of investors’ formulation of prefeasibility study reports under Point b, Clause 1, Article 27 of the PPP Law and assigning project-preparing units to assume the prime responsibility for receiving, examining and reviewing project proposal dossiers.

4. The appraisal of prefeasibility study reports and decision on project investment policy must comply with Clause 2, Article 27 of the PPP Law and Clause 2, Article 7 of this Circular.

5. The appraisal of feasibility study reports and approval of projects must comply with Clause 3, Article 27 of the PPP Law and Clause 2, Article 11 of this Circular.

6. The announcement of projects must comply with Clause 4, Article 27 of the PPP Law and Article 9 of this Circular.

 

Chapter III

SELECTION OF INVESTORS AND SIGNING OF PROJECT CONTRACTS

Article 14. Selection of investors

1. The Minister of Transport is the competent person as defined in the law on investment in the form of public-private partnership and other relevant laws.

2. For expressway projects, project management units have the following tasks:

a/ To perform responsibilities and obligations of bid solicitors, and organize the selection of investors in accordance with the law on investment in the form of public-private partnership and other relevant laws; to perform other tasks of bid solicitors in accordance with law;

b/ To announce the information specified at Point b, Clause 1, Article 9 of the PPP Law.

3. For projects other than those specified in Clause 2 of this Article, specialized management departments/administrations/authorities have the following tasks:

a/ To perform responsibilities and obligations of bid solicitors, and organize the selection of investors in accordance with the law on investment in the form of public-private partnership and other relevant laws; to perform other tasks of bid solicitors in accordance with law;

b/ To announce the information specified at Point b, Clause 1, Article 9 of the PPP Law.

4. In case of preparing bidding dossiers for selection of investors based on designs to be implemented after basic designs and cost estimates under Point e, Clause 1, Article 49 of Decree No. 35/2021/ND-CP, bid solicitors shall organize the selection of consultants and prepare dossiers based on designs to be implemented after basic designs and cost estimates. The appraisal and approval shall be organized according to delegated powers or by the Ministry of Transport under regulations before the selection of investors.

5. The Ministry of Transport shall authorize bid solicitors to approve:

a/ Dossiers of invitation to prequalification under Point d, Clause 3, Article 38 of Decree No. 35/2021/ND-CP;

b/ Prequalification results under Clause 4, Article 42 of Decree No. 35/2021/ND-CP;

c/ Dossiers of invitation to negotiation under Point d, Clause 3, Article 43 of Decree No. 35/2021/ND-CP; 

d/ Lists of investors that meet technical requirements under Clause 2, Article 57 of Decree No. 35/2021/ND-CP.

6. The Vietnam Expressway Authority, for the projects specified in Clause 2 of this Article, or the Transport Construction Investment Management Authority, for the projects specified in Clause 3 of this Article, shall assume the prime responsibility for appraising and advising the Ministry of Transport on approving:

a/ Bidding dossiers under Clause 5, Article 49 of Decree No. 35/2021/ND-CP.

b/ Investor selection results under Clause 2, Article 62 of Decree No. 35/2021/ND-CP.

7. Dossiers to be submitted for appraisal, and appraisal contents and reports must comply with Articles 71 and 72 of Decree No. 35/2021/ND-CP.

Article 15. Negotiation on project contracts  

1. The Vietnam Expressway Authority, for expressway projects, and specialized management departments/administrations/authorities shall negotiate and finalize contracts under Clauses 1, 2, 3, 4 and 6, Article 64 of Decree No. 35/2021/ND-CP.

2. In case of failure of contract negotiation and finalization

a/ For expressway projects: Based on reports of bid solicitors, the Vietnam Expressway Authority shall assume the prime responsibility for advising the Ministry of Transport on considering and deciding to cancel investor selection results and invite next-ranked investors to contract negotiation and finalization;

b/ For projects other than those specified at Point a, Clause 2 of this Article: Based on reports of bid solicitors, the Transport Construction Investment Management Authority shall assume the prime responsibility for advising the Ministry of Transport on considering and deciding to cancel investor selection results and invite next-ranked investors to contract negotiation and finalization.

3. In case of failure of contract negotiation and finalization with investors on shortlists and non-satisfaction of requirements of bidding dossiers

a/ For expressway projects: Based on reports of bid solicitors, the Vietnam Expressway Authority shall assume the prime responsibility for advising the Ministry of Transport on considering and deciding on bid cancellation under Point a, Clause 1, Article 34 of the PPP Law;

b/ For projects other than those specified at Point a, Clause 3 of this Article: Based on reports of bid solicitors, the Transport Construction Investment Management Authority shall assume the prime responsibility for advising the Ministry of Transport on considering and deciding on bid cancellation under Point a, Clause 1, Article 34 of the PPP Law.

Article 16. Signing of project contracts

1. Project contracts shall be signed between agencies signing project contracts and investors or project enterprises in accordance with the law on investment in the form of public-private partnership and other relevant laws.

2. Agencies signing project contracts shall publicize information on project contracts under Clauses 2, 3 and 4, Article 65 of Decree No. 35/2021/ND-CP.

 

Chapter IV

ORGANIZATION OF PERFORMANCE OF PROJECT CONTRACTS   

Article 17. Tasks of agencies signing project contracts in the stage of construction

The Vietnam Expressway Authority (for expressway projects) or specialized management departments/administrations/authorities shall organize the performance of functions and tasks of agencies signing project contracts in the stage of construction in accordance with law and project contracts, specifically as follows:

1. For project enterprises’ selection of contractors to participate in project implementation

a/ To examine requirements on capacity and experience of contractors in bidding dossiers or dossiers of requirements, and examine contractor selection results for bidding packages of projects (if any);

b/ To perform tasks in accordance with law and project contracts.

2. Regarding the appraisal and approval of construction designs to be implemented after basic designs and work construction cost estimates

a/ Based on the construction law and project contracts, to examine and review outlined tasks and estimates of costs of bidding packages on consultancy, and then submit them to specialized agencies in charge of construction for appraisal;

b/ For construction works under component PPP projects using public investment funds: To examine, review and submit to specialized agencies in charge of construction for appraisal or appraisal of modifications of technical design dossiers in case of 3-step designing, or construction drawing design dossiers in case of 2-step designing, and work construction cost estimates under Article 82 of the Construction Law; Point a, Clause 5, Article 13 of the Government’s Decree No. 10/2021/ND-CP of February 9, 2021, on management of construction investment costs, regarding contents of the appraisal of construction cost estimates for construction works under PPP projects, and relevant regulations; to receive and review design dossiers and work construction cost estimates approved by project enterprises, and promptly handle differences or inconsistencies, if any, compared to results of the appraisal by specialized agencies in charge of construction;

3. Regarding ground clearance

a/ To coordinate with investors, enterprises and owners of projects requiring ground clearance, and related agencies in carrying out ground clearance and resettlement in accordance with project contracts and law;

b/ To examine and report on the implementation of regulations on compensation, support and resettlement to competent authorities for timely settlement of relevant contents in accordance with the land law;

c/ To monitor and urge investors, and enterprises and owners of projects requiring ground clearance to perform management, payment and account-finalization of funds for ground clearance under regulations;

d/ To coordinate with localities in completing account-finalization of funds for ground clearance and examining and reviewing the value of the final accounts before submitting it to competent authorities for inclusion in the value of final accounts of construction investment projects.

4. Regarding management and supervision of the performance of project contracts   

a/ To check and examine dossiers of appendices of modifications and supplementations (if any) to project contracts;

b/ To monitor and supervise the performance of project contracts by investors and project enterprises in the stages of investment and warranty in accordance with law and project contracts. In case investors and project enterprises show signs of violation of project contracts and law, to promptly take measures to handle the violations or report thereon to the Ministry of Transport in case such violations fall beyond their competence;

c/ To examine the lawfulness of contracts, and manage investors in providing security for project performance in accordance with law; to monitor the term of contract performance security in conformity with the project implementation progress under regulations.

5. Regarding management of funding sources of projects

a/ To formulate annual funding plans, for state budget funds and other lawful funding sources for projects, for reporting to the Ministry of Transport; to monitor and regularly report on the fund raising and disbursement progress of projects;

b/ For state funds allocated for projects: To receive state funds allocated for projects and make payment in accordance with law and project contracts; to urge and guide investors and project enterprises in refunding investment preparation support expenses and other expenses (if any) in accordance with law and project contracts;

c/ For investors’ and project enterprises’ funds for project implementation: To examine the progress of financial arrangement for project implementation regarding equity, loans and other lawful funding sources in conformity with schedules stated in project contracts; to examine and review, and give opinions on, the observance of regulations on funding sources and financial plans as stated in project contract and prescribed by law.

6. Regarding work quality management      

a/ To perform the jobs specified in Article 59 of the PPP Law; Points b, c, d and dd, Clause 8, Article 19 of the Government’s Decree No. 06/2021/ND-CP of January 26, 2021, detailing a number of provisions on quality management, construction and maintenance of construction works (below referred to as Decree No. 06/2021/ND-CP);

b/ To examine the construction process and quality of works in accordance with project contracts and law;

c/ To examine the compliance with processes, standards and technical regulations applicable to works and technical rules of design dossiers in the course of work construction in accordance with project contracts;

d/ To examine and urge the implementation of measures to ensure environmental sanitation, occupational safety, work safety and traffic safety in the course of construction in accordance with project contracts;

dd/ In case of necessity, to report to the Ministry of Transport for approval of inspection of construction and testing of load-bearing capacity of work structures under Point c, Clause 2, Article 5 of Decree No. 06/2021/ND-CP.

7. Regarding pre-acceptance testing in the stage of construction and pre-acceptance testing of as-built work items and works before being commissioned

a/ To participate in the pre-acceptance testing in the stage of construction or parts of construction works (if any) and pre-acceptance testing of as-built work items and works before being commissioned under Articles 22 and 23 of Decree No. 06/2021/ND-CP and the construction law;

b/ To examine dossiers and documents provided by project enterprises, evaluate the quality of construction works, and report thereon to the Ministry of Transport to serve the examination by state agencies competent to examine pre-acceptance testing of construction works, for the jobs of pre-acceptance testing and commissioning of construction works under Article 123 of the Construction Law and Article 24 of Decree No. 06/2021/ND-CP;

c/ To sign minutes of pre-acceptance testing of as-built construction work items and works before being commissioned under Clause 7, Article 23 of Decree No. 06/2021/ND-CP.

8. Regarding work warranty   

To examine and supervise the performance of the construction work warranty responsibility by project enterprises and contractors in accordance with law and project contracts.

9. Regarding account-finalization investment capital for works

a/ In case public investment funds for PPP projects are managed and used under Point a, Clause 5, Article 70 and Clause 2, Article 72 of the PPP Law, to make account-finalization of such public investment funds under Point a, Clause 1, Article 60 of the PPP Law, and Chapter IV of the Government’s Decree No. 28/2021/ND-CP of March 26, 2021, providing for the financial management mechanism applicable to investment projects in the form of public-private partnership (below referred to as Decree 28/2021/ND-CP;

b/ In case public investment funds for PPP projects are managed and used under Point b, Clause 5, Article 70 of the PPP Law, to sum up the value disbursed for PPP project enterprises and audited by independent audit firms for use as a basis for making account-finalization of such public investment funds under Point a, Clause 1, Article 60 of the PPP Law, and Chapter IV of Decree No. 28/2021/ND-CP.

10. To perform other tasks in accordance with law and project contracts.

11. In case of encountering problems that fall beyond their competence, to report thereon to the Ministry of Transport for consideration and solution or reporting to competent authorities.

Article 18. Tasks of agencies signing project contracts in the stage of commercial operation

1. The Vietnam Expressway Authority (for expressway projects) or specialized management departments/administrations/authorities shall organize the performance of functions and tasks of agencies signing project contracts in the stage of commercial operation of projects in accordance with law and project contracts.

2. In case of encountering problems that fall beyond their competence, agencies signing project contracts shall report thereon to the Ministry of Transport for consideration and solution or reporting to competent authorities.

Article 19. Tasks of agencies signing project contracts in the stages of handover and receipt of project works and contract liquidation

The Vietnam Expressway Authority (for expressway projects) or specialized management departments/administrations/authorities shall organize the performance of functions and tasks of agencies signing project contracts in the stages of handover and receipt of project works and contract liquidation, covering:

1. Certification of completion of works and infrastructure systems: To check works and infrastructure systems and issue completion certifications to project enterprises under Article 61 of the PPP Law and Article 76 of Decree No. 35/2021/ND-CP.

2. Handover and receipt of works and infrastructure systems

a/ For PPP projects applying BOT or BLT contracts: To carry out the procedures for handover and receipt of works and infrastructure systems specified in Clause 1, Article 78 of Decree No. 35/2021/ND-CP;

b/ For PPP projects applying BTO or BTL contracts: To carry out the procedures for handover and receipt of works and infrastructure systems specified in Clause 2, Article 78 of Decree No. 35/2021/ND-CP.

3. Termination of project contracts under agreements in contracts

a/ At least 1 year before the date of termination of a PPP project contract as stated in such contract, to coordinate with investors and project enterprises in reviewing and implementing the contents specified in Clause 2, Article 80 of Decree No. 35/2021/ND-CP;

b/ To report to the Ministry of Transport the contents specified in Clause 4, Article 80 of Decree No. 35/2021/ND-CP.

4. Premature termination of project contracts

a/ If having grounds for premature termination of project contracts as specified in Clause 2, Article 52 of the PPP Law, to report thereon to the Ministry of Transport, clearly stating reasons, conditions and solutions for premature termination of project contracts, rights exercised and not yet exercised, and obligations performed and not yet performed;

b/ To reach agreement on conditions for premature termination of project contracts under Clause 2, Article 81 of Decree No. 35/2021/ND-CP;

c/ To perform other jobs in accordance with law and project contracts.

5. Liquidation of project contracts: To implement the contents specified in Article 68 of the PPP Law and promptly report on problems (if any) that fall beyond their competence in the course of implementation to the Ministry of Transport.

Chapter V

RESPONSIBILITIES OF AGENCIES AND UNITS

Article 20. Responsibilities of agencies and units assigned to prepare prefeasibility study reports or feasibility study reports and receive dossiers of projects proposed by investors

1. To take responsibility for the order and procedures for preparation, and accuracy of data and contents of dossiers of prefeasibility study reports and dossiers of feasibility study reports; designs to be implemented after basic designs and cost estimates (if any); tasks and powers of project owners and bid solicitors in accordance with the law on investment in the form of public-private partnership and other relevant laws in the selection of contractors in the stage of project preparation, and of bid solicitors in the selection of investors.

2. To examine and review, and coordinate with project-proposing investors in formulating, tasks and estimates of costs for formulation of project proposals and costs for formulation of feasibility study reports.

3. To perform their functions and tasks and exercise their powers in accordance with law and this Circular.

Article 21. Responsibilities of specialized management departments/administrations/authorities and the Vietnam Expressway Authority

1. To perform their functions and tasks and exercise their powers in accordance with law and this Circular.

2. To take responsibility before competent agencies and law for performing their authorized jobs upon exercising rights and performing obligations of agencies signing contracts.

 

Chapter VI

IMPLEMENTATION PROVISIONS

Article 22. Transitional provisions  

1. Projects with project contracts signed before the effective date of this Circular must continue to comply with the signed project contracts. For project contracts signed before the effective date of this Circular, the signing of contract appendices after the effective date of this Circular must comply with this Circular.

2. Projects already assigned, authorized or transferred to competent state agencies or agencies signing contracts before the effective date of this Circular may continue to be implemented under the Ministry of Transport’s documents on such assignment, authorization or transfer.

3. For projects not yet authorized before the effective date of this Circular, the Vietnam Expressway Authority shall assume the prime responsibility for reviewing and drawing up a list thereof for submission to the Ministry of Transport for authorization in accordance with this Circular.

Article 23. Effect

1. This Circular takes effect on March 1, 2023.

2. This Circular replaces the Minister of Transport’s Circular No. 50/2018/TT-BGTVT of September 11, 2018, providing for the organization of performance of functions and tasks of state agencies competent to sign and perform contracts of investment projects in the form of public-private partnership managed by the Ministry of Transport.

3. In case the legal documents referred to in this Circular are amended, supplemented or replaced, the amending, supplementing or replacing legal documents shall prevail.

Article 24. Organization of implementation

The Chief of the Office, the Chief of the Inspectorate, departmental directors, the Director of the Transport Construction Investment Management Authority, the Director of the Department for Roads of Vietnam, the Director of the Vietnam Expressway Authority, the Director of the Vietnam Maritime Administration, the Director of the Civil Aviation Authority of Vietnam, the Director of the Vietnam Railway Authority, and the Director of the Vietnam Inland Waterway Administration under the Ministry of Transport, heads of related agencies and organizations, and related individuals shall implement this Circular.-

For the Minister of Transport
Deputy Minister
NGUYEN DUY LAM

[1] Công Báo Nos 221-222 (28/01/2023)

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