Law 57/2024/QH15 amending Planning Law, Law on Investment, Law on Investment in the Form of Public-Private Partnership and Bidding Law

LAW

AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE PLANNING LAW, INVESTMENT LAW, LAW ON INVESTMENT IN THE FORM OF PUBLIC-PRIVATE PARTNERSHIP AND BIDDING LAW^[1]

Pursuant to the Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates the Law Amending and Supplementing a Number of Articles of Planning Law No. 21/2017/QH14, which had a number of articles amended and supplemented under 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; Law No. 61/2020/QH14 on Investment, which has a number of articles amended and supplemented under 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; Law No. 64/2020/QH14 on Investment in the Form of Public-Private Partnership, which had a number of articles amended and supplemented under Law No. 03/2022/QH15, Law No. 28/2023/QH15, and Law No. 35/2024/QH15; and Law No. 22/2023/QH15 on Bidding.

Article 1. To amend and supplement a number of articles of the Planning Law

1. To amend and supplement a number of clauses of Article 6 as follows:

a/ To amend and supplement Clause 1 as follows:

“1. The national marine space master plan and national land use master plan must conform with the national overall master plan.

In case the national marine space master plan and national land use master plan are inconsistent with one another, they shall be adjusted to suit the national overall master plan.”;

b/ To amend and supplement Clause 4 as follows:

“4. Technical and specialized master plans must conform with relevant national, regional and provincial master plans under the Government’s regulations.”

2. To amend and supplement Article 9 as follows:

“Article 9. Expenses for planning activities

1. Expenses for the formulation, publicization and adjustment of national, regional and provincial master plans shall come from public investment funds in accordance with the public investment law and other lawful sources; for the national land use master plan, and master plans on land use for national defense and security purposes, the land law shall apply.

2. Expenses for the formulation, appraisal and adjustment of tasks of formulating, national, regional and provincial master plans; appraisal, and appraisal of adjustment of, national, regional and provincial master plans; adjustment of national, regional and provincial master plans according to fast-track order and procedures; evaluation of national, regional and provincial master plans shall come from the source of recurrent expenditures in accordance with the law on the state budget.

3. Expenses for the formulation, appraisal, publicization, evaluation, adjustment of technical and specialized master plans shall come from the source of recurrent expenditures in accordance with the law on the state budget, and other lawful sources.

4. The Government shall detail this Article.”.

3. To amend and supplement Clause 2, Article 15 as follows:

“2. The competence to appraise, approve, and approve the adjustment of, master plan formulation tasks is as follows:

a/ The Government shall appraise, approve, and approve the adjustment of, the tasks of formulating the national overall master plan, national marine space master plan and national land use master plan;

b/ The Prime Minister shall appraise the task of formulating national sectoral master plans and regional master plans; approve, and approve the adjustment of, the task of formulating national sectoral master plans and regional and provincial master plans;

c/ The Ministry of Planning and Investment shall appraise the task of formulating provincial master plans.”.

4. To amend and supplement a number of points and clauses of Article 16 as follows:

a/ To amend and supplement Points b, c, and d, Clause 1 as follows:

“b/ The planning agency shall select planning consultancy organizations; and assume the prime responsibility for, and coordinate with related ministries, ministerial-level agencies and localities in, studying, analyzing, evaluating and forecasting factors, conditions, resources and development context, evaluating the country’s practical socio-economic development, proposing viewpoints, objectives and contents of the master plan; and send them to related ministries, ministerial-level agencies and localities.

c/ Related ministries, ministerial-level agencies and localities shall give their opinions and propose contents of the master plan under their management and send them to the planning agency;

d/ The planning agency shall assume the prime responsibility for, and coordinate with related ministries, ministerial-level agencies and localities in, considering and settling inter-sectoral, inter-regional and inter-provincial issues in order to ensure the consistency, synchronism and effectiveness of the master plan;”;

b/ To amend and supplement Points b, c, and d, Clause 3 as follows:

“b/ The planning agency shall select planning consultancy organizations; and assume the prime responsibility for, and coordinate with related ministries, ministerial-level agencies and localities in, studying, analyzing, evaluating and forecasting factors, conditions, resources and development context, evaluating the practical socio-economic development in the region, proposing viewpoints, objectives and contents of the master plan and send them to related ministries, ministerial-level agencies and localities in the region;

c/ Related ministries, ministerial-level agencies and localities in the region shall give their opinions and propose contents of the master plan under their management and send them to the planning agency;

d/ The planning agency shall assume the prime responsibility for, and coordinate with related ministries, ministerial-level agencies and localities in, considering and settling inter-regional and inter-provincial issues in order to ensure the consistency, synchronism and effectiveness of the master plan;”;

c/ To add Clause 5 below Clause 4 as follows:

“5. The Government shall detail this Article.”

5. To amend and supplement Clause 2, Article 20 as follows:

“2. Higher-level master plans (if any).”.

6. To amend and supplement Point n, Clause 2, Article 22 as follows:

“n/ A projected list of national important projects;”.

7. To amend and supplement Point i, Clause 2, Article 23 as follows:

“i/ A projected list of national important projects;”.

8. To amend and supplement a number of points and clauses of Article 25 as follows:

a/ To amend and supplement Point g, Clause 3 as follows:

“g/ A projected list of national important projects and national infrastructure priority projects;”;

b/ To amend and supplement Point d, Clause 5 as follows:

“d/ A projected list of national important projects and environmental protection priority projects;”;

c/ To amend and supplement the opening paragraph of Clause 6 as follows:

“6. A biodiversity conservation overall master plan must have the following major contents:”;

d/ To amend and supplement Point d, Clause 6 as follows:

“d/ A projected list of national important projects and biodiversity conservation priority projects;”.

9. To amend and supplement Point g, Clause 2, Article 26 as follows:

“g/ A projected list of priority projects in the region;”.

10. To amend and supplement a number of points of Clause 2, Article 27 as follows:

“a/ To amend and supplement Point d as follows:

“d/ Urban and rural system development plans; plans on development of the system of economic zones, industrial parks, export processing zones, hi-tech parks, tourist zones, physical training and sports areas, and research and training quarters; plans on development of conservation zones, areas where historical-cultural relics, natural landscapes and inventoried relics require preservation, embellishment and restoration; plans on development of cottage industry zones; plans on development of centralized agricultural production areas; determination of military and security zones; and plans on development of areas with difficulties or extreme difficulties, and areas seving as dynamic roles;”;

b/ To amend and supplement Point e as follows:

“e/ A plan on development of a power supply network that consists of a power development plan as defined in national and regional master plans in the locality; and a plan on development of the province’s power sources and grid;”;

c/ To amend and supplement Point h as follows:

“h/ A plan on development of hydraulic works and a water supply and drainage system including those specified in national and regional master plans in the locality; and inter-district hydraulic works and water supply and drainage system;”;

d/ To amend and supplement Point o as follows:

“o/ A projected list of the province’s priority projects;”.

11. To amend and supplement Clause 2, Article 34 as follows:

“2. The Prime Minister shall approve national sectoral master plans, regional master plans and provincial master plans.”.

12. To amend and supplement Article 45 as follows:

“Article 45. Plans on implementation of master plans

1. A plan on implementation of a master plan shall be promulgated as soon as the master plan is decided or approved.

The competence to promulgate plans on implementation of master plans is provided in Articles 55 and 56 of this Law. Agencies having the competence to promulgate plans on implementation of master plans are competent to promulgate the adjustment of such plans.

2. A plan on implementation of a master plan must comply with the decision on, or written approval of, the master plan and has the following principal contents:

a/ Public investment projects;

b/ Investment projects using funding sources other than public investment funds;

c/ Determination of resources and use of resources for implementing the master plan.

3. The Government shall specify dossiers, competence and procedures for promulgation or adjustment of, plans on implementation of master plans.”.

13. To amend and supplement Clause 4, Article 47 as follows:

“4. Provincial-level People’s Committees shall, within the ambit of their tasks and powers, arrange resources for implementation of provincial master plans.”.

14. To amend and supplement Clause 1, Article 49 as follows:

“1. The evaluation of the implementation of master plans shall be carried out every five years or on an extraordinary basis according to the evaluation criteria specified by the Government.”.

15. To amend and supplement Article 51 as follows:

“Article 51. Principles of adjustment of master plans

1. Master plans shall be adjusted according to the order and procedures specified in Article 54 of this Law if having one of the grounds specified in Article 53 of this Law.

2. Agencies competent to decide on or approve master plans may decide on or approve the adjustment of such master plans, except the cases specified at Points b and c, Clause 6, Article 54a of this Law.

3. Agencies competent to organize the formulation of master plans may organize the formulation of adjusted master plans.

4. Adjusted master plans may not change their objectives, except the cases specified in Clauses 1, 2, 3, and 4, Article 53 of this Law.

16. To add Article 54a below Article 54 in Section 3, Chapter IV as follows:

“Article 54a. Adjustment of master plans according to the fast-track order and procedures

1. The adjustment of master plans according to the fast-track order and procedures may not change viewpoints and objectives of such master plans and must ensure the connectivity, synchronism, inheritance and stability among master plans.

2. A national, regional or provincial master plan shall be adjusted according to fast-track order and procedures if having one of the following grounds:

a/ The implementation of a resolution of the National Assembly, National Assembly Standing Committee or Government on national defense and security, arrangement of administrative units, or national important projects leads to a change in one or some item(s) of the master plan;

b/ The master plan is contradictory to a higher-level master plan;

c/ The master plan is contradictory to a same-level master plan;

d/ The implementation of an emergency project or urgent task leads to a change in one or some item(s) the master plan’ in accordance with the Government’s regulations.

3. When having one of the grounds specified at Points b and c, Clause 2 of this Article, the Government shall consider and approve the policy on adjustment of the national marine space master plan and national land use master plan.

4. When having one of the grounds specified at Points b and c, Clause 2 of this Article, the Government shall consider and approve the policy on adjustment of national sectoral master plans, and regional and provincial master plans.

5. Agencies organizing the formulation of master plans or planning agencies shall prepare dossiers for adjustment of such master plans, consult related agencies; assimilate opinions, respond to feedback and complete master plan dossiers and submit them to competent authorities for decision or approval of adjusted master plans.        

6. The competence to decide on or approve the adjustment of master plans is as follows:

a/ The National Assembly shall decide on the adjustment of the national overall master plan, national marine space master plan and national land use master plan;

b/ Ministers assigned to formulate national sectoral master plans and regional master plans shall approve the adjustment of such master plans and report to the Prime Minister on the implementation thereof;

c/ Chairpersons of provincial-level People’s Committees shall approve the adjustment of provincial master plans and report to the Prime Minister on the implementation thereof.

7. The Government shall detail Clauses 1, 2, and 5 of this Article; and specify master plan adjustment dossiers according to fast-track order and procedures.”

17. To amend and supplement a number of points and clauses of Article 55 as follows:

a/ To amend and supplement Clause 2 as follows:

“2. The Prime Minister shall promulgate policies and solutions, and arrange resources for the implementation of national sectoral master plans and regional master plans; and plans on implementation of regional master plans.”;

b/ To amend and supplement Point dd, Clause 3 as follows:

“dd/ To promulgate guidance on determination of expenses for planning activities of national, regional and provincial master plans;”;

c/ To amend and supplement Point a, Clause 4 as follows:

“a/ To promulgate plans on implementation of national sectoral master plans; to submit to the Prime Minister for promulgation policies and solutions and arrange resources for implementation of national sectoral master plans; to propose the Prime Minister to establish appraisal councils for national sectoral master plans;”.

18. To amend and supplement Clause 1, Article 56 as follows:

“1. To promulgate plans on implementation of provincial master plans; to promulgate according to their competence, or submit to competent agencies for promulgation, policies and solutions and arrange resources for implementation of provincial master plans;”.

19. To amend and supplement a number of ordinal numbers on the list of national sectoral master plans in Appendix I as follows:

a/ To amend and supplement ordinal number 26 as follows:

b/ To amend and supplement ordinal numbers 29, 32 and 33 as follows:

20. To amend and supplement ordinal number 11 on the list of technical and specialized master plans in Appendix II as follows:

21. To annul 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 ordinal number 31 on the list of national sectoral master plans in Appendix I.

Article 2. To amend and supplement a number of articles of the Investment Law

1. To add Clause 3a below Clause 3, Article 4 as follows:

“3a. In case provisions of Article 36a of the Investment Law are different from those of other laws promulgated before January 15, 2025, Article 36a of the Investment Law shall prevail.”.

2. To add Points i and k below Point h, Clause 1, Article 6 as follows:

“i/ Purchase and sale of national treasures for commercial purposes;

k/ Export of vestiges and antiquities for commercial purposes.”.

3. To add Article 18a below Article 18 as follows:

Article 18a. Investment Support Fund

1. The Government shall establish the Investment Support Fund from top-up corporate income tax revenues under the global anti-base erosion rules and other lawful sources to stabilize the investment environment, encourage and attract strategic investors and multinational conglomerates, and support domestic enterprises in a number of fields prioritized for investment.

2. The Government shall specify operational model, legal status, annual and additional state budget funds for the Fund, forms of support, reimbursement mechanisms, and other specific policies for the Fund, and report them to the National Assembly Standing Committee for opinion before promulgation.”.

4. To amend, supplement and annul a number of points in Clause 1, Article 31 as follows:

a/ To amend and supplement Point d as follows:

“d/ Investment projects to build new harbors or harbor areas with a total investment capital of VND 2.3 trillion or more in special seaports or class-I seaports;”;

b/ To amend and supplement Point g1 as follows:

“g1/ Investment projects that are compliant with the law on cultural heritage, regardless of their land areas or population, within category-I protected areas of relics recognized by competent authorities as special national relics on the List of World Heritages.”;

c/ To annul Point h.

5. To amend and supplement a number of points in Clause 1, Article 32 as follows:

a/ To amend and supplement Point b1 as follows:

“b1/ Investment projects that are compliant with the cultural heritage law regardless of their land areas or populations within category-I and -II protected areas of relics recognized by competent authorities as national relics or special national relics, except category-I protected areas of special national relics on the List of World Heritages; investment projects regardless of their land areas or populations located in areas restricted from development or inner areas of special-grade historical urban centers (as defined in urban planning);”;

b/ To add Points dd and e below Point d as follows:

“dd/ Investment projects on construction and commercial operation of infrastructure of industrial parks or export processing zones;

e/ Investment projects to build new harbors or harbor areas with a total investment capital of under VND 2.3 trillion in special seaports.”.

6. To amend and supplement Point a, Clause 3, Article 33 as follows:

“a/ Assessment of the investment project’s conformity with relevant national, regional and provincial master plans, master plans of urban areas and special administrative-economic units (if any);”.

7. To amend and supplement Point c, Clause 6, Article 34 as follows:

“c/ The investment project’s conformity with relevant national strategies and master plans, regional and provincial master plans, master plans of urban areas and special administrative-economic units (if any);”.

8. To add Article 36a below Article 36 in Section 2, Chapter IV as follows:

“Article 36a. Special investment procedures

1. Except the investment projects specified in Article 30 of this Law, investors may choose investment registration under this Article for investment projects located in industrial parks, export processing zones, hi-tech parks, information technology parks, free-trade zones, and functional quarters of economic zones in the following fields:

a/ Investment in the construction of innovation centers, research and development (R&D) centers; investment in the fields of semiconductor integrated circuit industry, technology for designing and manufacturing integrated circuits (IC) and printed electronics (PE) and microchips, chips and semiconductor materials.

b/ Investment in hi-tech fields prioritized for development investment, manufacturing of products on the list of hi-tech products eligible for development promotion under the Prime Minister’s decision.

2. An investment registration dossier must comprise the documents specified at Points a, b, c, d, dd, g and h, Clause 1, Article 33 of this Law, including a written request for implementation of investment projects that shows commitments to satisfying the conditions, standards and regulations in the construction, environmental protection, and fire prevention and firefighting laws, the investment project proposal which contains identification, forecasts of environmental impacts and measures to minimize negative environmental impacts in substitution for preliminary environmental impact assessment.

3. Dossier evaluation contents include:

a/ The project’s conformity with the investment field specified in Clause 1 of this Article;

b/ The project’s conformity with relevant master plans;

c/ The legal status and experience of the investor;

d/ Land use demand (if any);

dd/ The project implementation schedule;

e/ The investor’s commitments;

g/ Investment incentives and conditions for being entitled to investment incentives (if any).

4. An investment registration dossier shall be sent to the Management Board of the industrial park, export processing zone, hi-tech zone or economic zone. Within 15 days after receiving the dossier, the Management Board shall evaluate it and grant an investment registration certificate.

5. In case two or more investors jointly propose a project that requests the State to lease land or repurpose land in a location, the Management Board of the industrial park, export processing zone, hi-tech zone or economic zone shall consider and grant an investment registration certificate to the first investor with a valid dossier and notify such in writing to the remaining investor(s). If the first investor is refused to be granted an investment registration certificate, the Management Board shall carry out procedures for grant of the certificate on the principles of examining dossiers of subsequent investors one by one. Foreign investors may establish economic organizations to implement investment projects before making investment registration.

6. The adjustment of projects’ operation objectives must comply with Clause 4 of this Article.

7. Projects registering investment under this Article shall not be required to carry out procedures for investment policy approval or technology appraisal and make environmental impact assessment reports and detailed plans or being granted construction permits, and other procedures for appraisal, approval and permission in the fields of construction and fire prevention and fighting.

8. Before commencing the construction, the investor shall submit to the local competent state agency in charge of construction order management and the Management Board of the industrial park, export processing zone, hi-tech zone or economic zone a notice of construction commencement together with the following documents:

a/ A construction investment economic-technical report that is formulated, appraised, and approved by the investor presenting the contents specified in the construction law;

b/ A report on results of the verification of the construction investment economic-technical report carried out by organizations or individuals meeting the law-specified conditions in terms of work safety, environmental protection, fire prevention and fighting, and conformity with technical standards and regulations.

9. The investment registration certificate shall serve as the basis for land lease, land repurposing, performance of administrative procedures, inspection, examination, monitoring, evaluation and handling of administrative violations and state management of the project.

10. The management boards of industrial parks, export processing zones, hi-tech parks and economic zones shall examine, supervise and evaluate the project implementation in accordance with law; settle according to their competence or notify to agencies competent for settlement arising issues of projects.

11. The Minister of Planning and Investment shall issue forms and dossiers for project implementation under this Article.

12. The Government shall detail this Article.”.

9. To amend and supplement Point dd, Clause 2, Article 47 as follows:

“dd/ The investor fails to properly comply with the written approval of investment policy or investment registration certificate and relapses into violations though having been administratively sanctioned, except the case of failing to comply with the schedule stated in the written approval of investment policy or investment registration certificate or the written approval of the modification of investment policy or the modified investment registration certificate.”.

10. To add Point a1 below Point a, Clause 2, Article 48 as follows:

“a1/ Past 24 months from the end of the implementation schedule of operational objectives of the investment project or each phase (if any) stated in the written approval of investment policy, investment registration certificate, written approval of the modification of investment policy or the modified investment registration certificate, if the investor fails to achieve such operational objectives or falls into cases eligible for schedule adjustment under regulations, except the case specified at Point d of this Clause;”.

11. To amend and supplement a number of ordinal numbers on the list of sectors and trades subject to conditional business investment in Appendix IV as follows:

a/ To amend and supplement ordinal number 50 as follows:

b/ To amend and supplement ordinal numbers 115, 193, 194, 201 and 202 as follows:

c/ To add ordinal numbers 90a, 90b, and 90c below number 90, and ordinal numbers 230, 231 and 232 below number 229 as follows:

d/ To annul ordinal number 11.

Article 3. To amend and supplement a number of articles of the Law on Investment in the Form of Public-Private Partnership

1. To add Point e1 below Point e, Clause 16, Article 3 as follows:

“e1/ Build-Transfer (BT) contract;”;

2. To amend and supplement Article 4 as follows:

“Article 4. Fields of investment in the PPP form and classification of PPP projects

1. Fields of investment in the PPP form include:

1. PPP investment projects shall be implemented in public investment fields and sectors in order to invest in and build infrastructure facilities and systems and provide public products and services, except the following projects:

a/ Projects falling under the state’s monopoly in accordance with law;

b/ Projects in the fields and sectors of national defense and security, social order and safety as specified in the public investment law.

3. PPP projects shall be classified based on the competence to decide on investment policy, including:

a/ Projects with investment policy to be decided by the National Assembly;

b/ Projects with investment policy to be decided by the Prime Minister;

c/ Projects with investment policy to be decided by ministers or heads of central agencies or other agencies as specified in Clause 1, Article 5 of this Law;

d/ Projects with investment policy to be decided by provincial-level People’s Councils.

dd/ Projects with investment policy to be decided by provincial-level People’s Committees.

e/ Projects not subject to investment policy decisions, including those specified in Clauses 2a, 2b and 2c, Article 11 of this Law.”.

3. To amend and supplement Points b and c, Clause 1, Article 6 as follows:

“b/ Interdisciplinary appraisal councils, which shall appraise prefeasibility study reports of PPP projects with investment policy to be decided by the Prime Minister;

c/ Grassroots-level appraisal councils, which shall appraise feasibility study reports of PPP projects with investment policy to be decided by the Prime Minister, prefeasibility study reports and feasibility study reports of PPP projects with investment policy to be decided by ministers, heads of central agencies or other agencies, or provincial-level People’s Councils or provincial-level People’s Committees, feasibility study reports of PPP projects not subject to investment policy decisions that are specified in Clauses 2a, 2b and 2c, Article 11 of this Law, unless the appraisal task is assigned to units attached to the competent agencies specified in Clause 3 of this Article.”.

4. To amend and supplement a number of clauses of Article 11 as follows:

a/ To amend and supplement the opening paragraph of Clause 1 as follows:

“1. Except the cases specified in Clauses 2, 2a, 2b, and 2c of this Article, the implementation of a PPP project is as follows:”;

b/ To add Clauses 2a, 2b and 2c below Clause 2 as follows:

“2a. The process of implementing a PPP project that has the total investment amount equal to that of group-B and group-C projects as specified by the public investment law and is not funded by the state budget under Articles 70, 71 and 72 of this Law is as follows:

a/ Preparing and appraising a feasibility study report or construction investment economic-technical report, for PPP projects that require the formulation of a construction investment economic-technical report;

b/ Approving the project based on the feasibility study report or construction investment economic-technical report, announcing the project;

c/ Selecting the investor;

d/ Establishing a PPP project enterprise and signing a PPP project contract;

dd/ Performing the PPP project contract.

2b. The process of implementing a PPP project under an O&M contract is as follows:

a/ Formulating and appraising the feasibility study report, approving and announcing the project;

b/ Selecting the investor;

c/ Establishing a PPP project enterprise and signing a PPP project contract;

dd/ Performing the PPP project contract.

2c. The process of implementing a PPP project under a non-payment BT contract is as follows:

a/ The investor proposes the project, formulate a feasibility study report together with the draft contract;

b/ The competent agency appraises the feasibility study report, and approves the project and the draft contract;

c/ Establishing a PPP project enterprise if so requested by the investor;

d/ Signing the PPP project contract;

dd/ Organizing the performance of the project contract; supervising the construction and acceptance testing of the completed works in accordance with the construction law’s provisions similar to those applicable to public investment projects.

Projects specified in this Clause are not required to select investors under Chapter III and to implement the contents related to the implementation of project contracts specified in Articles 53, 54, 55, 58, 59, 61, 62, 63, 64, 65 and 66 of this Law.”;

c/ To amend and supplement Clause 5 as follows:

“5. The Government shall detail this Article.”.

5. To amend and supplement a number of points and clauses of Article 12 as follows:

a/ To amend and supplement Point a, Clause 1 as follows:

“a/ Using public investment funds each valued at VND 30 trillion or more;”;

b/ To amend and supplement Point b, Clause 2 as follows:

“b/ Projects each with a total investment amount equal to that of group-A projects as specified by the public investment law using public investment funds of VND 10 trillion or more managed by ministries or central agencies; projects implemented under BT contracts with payment from state budget revenues collected from the auction of land funds and public assets with an original value of VND 500 billion or more in account books”;

c/ To amend and supplement Point d, Clause 2 as follows:

“d/ Projects conformable with the cultural heritage law, regardless of their land areas or populations within the category-I protected areas of relics recognized by competent authorities as special national relics on the List of World Heritages.”;

d/ To amend and supplement Clauses 3 and 4; and  add Clause 4a below Clause 4 as follows:

“3. Ministers or heads of central agencies or other agencies shall decide on investment policy for the following PPP projects:

a/ Projects under their management, except those specified in Clauses 1 and 2 of this Article;

b/ Projects under their management implemented under BT contracts with payment from state budget revenues from the auction of land funds and public assets with an original accounting book value of under VND 500 billion;”;

4. Provincial-level People’s Councils shall decide on investment policy for the following PPP projects:

a/ Projects under local management each having a total investment amount equal to that of group-A projects as specified by the public investment law, except the projects specified in Clauses 1 and 2 of this Article;

b/ Projects specified in Clause 3, Article 5 of this Law assigned by the Prime Minister to localities for acting as the competent agency entitled to a total investment amount equal to that of group-A projects as specified by the public investment law, except for projects specified in Clauses 1 and 2 of this Article.”

4a. Provincial-level People’s Committees shall decide on investment policy for the following PPP projects:

a/ Projects under local management, except for projects specified in Clauses 1, 2 and 4 of this Article;

b/ Projects specified in Clause 3, Article 5 of this Law that are assigned by the Prime Minister to localities for acting as competent agencies with a total investment amount equal to that of group-B and group-C projects as specified by the public investment law;

c/ Projects implemented under the BT contracts with payment from state budget revenues collected from the auction of land funds and public assets, for land funds and public assets under local management.”.

6. To amend, supplement and annul a number of points and clauses of Article 13 as follows:

a/ To amend and supplement Point c, Clause 1 as follows:

“c/ The State Appraisal Council shall appraise the prefeasibility study report;”;

b/ To add Clause 4a below Clause 4 as follows:

“4a. Procedures for deciding on investment policy for a PPP project falling within the competence of a provincial-level People’s Committee is prescribed as follows:

a/ The PPP project preparation unit prepares a prefeasibility study report for submission to the provincial-level People’s Committee for consideration and decision;

b/ The grassroots-level appraisal council or unit assigned the appraisal task appraises the prefeasibility study report;

c/ The grassroots-level appraisal council or unit assigned the appraisal task finalizes and sends the appraisal report to the PPP project preparation unit;

d/ The PPP project preparation unit finalizes the dossier and submits it to the provincial-level People’s Committee for consideration and decision;

dd/ The provincial-level People’s Committee decides on investment policy for the project.”;

c/ To annul Points d and dd, Clause 2; Point c, Clause 3; and Point c, Clause 4, of this Article.

7. To amend and supplement a number of points and clauses of Article 14 as follows:

a/ To amend and supplement Clause 1 as follows:

“1. Ministries, central agencies, other agencies, and provincial-level People’s Committees shall select suitable projects for investment in the PPP form based on the following conditions:

a/ The necessity for making investment;

b/ The compliance with the sectors and fields specified in Clause 1, Article 4 of this Law;

c/ Not to overlap with projects for which an investment policy decision or project approval decision has been issued;

d/ To have more advantages than other forms of investment based on comparative factors regarding expenses for investment preparation; capacity to attract funding sources, technology and management skills of investors; competent agencies’ capability to implement projects and fulfilment of contractual obligations;

dd/ It is possible to allocate state capital in case the project needs state capital or it is possible to allocate state budget funds, land funds for payment in case projects implemented under the BT contract are paid either by land funds or by the state budget.”;

b/ To amend and supplement Points d, dd and e, Clause 3 as follows:

“d/ Preliminary evaluation of socio-economic benefits of the project; preliminary assessment of environmental impacts in accordance with the environmental protection law as for a public investment project;

dd/ Preliminarily estimated total investment amount; preliminary evaluation of the project’s financial plan; projected use of state capital in the project (if any); expected method of payment for investors, for projects implemented under BTL or BLT contracts or BT contracts to be paid by the state budget or by land funds which clearly determines locations, areas and projected value of land funds for payment.

e/ Projected form of PPP project contract; investment incentives and guarantees; and mechanisms for sharing decreased amounts in turnover (if any).”.

8. To amend and supplement a number of points and clauses of Article 19 as follows:

a/ To amend and supplement Clause 1 as follows:

“1. The PPP project preparation unit shall prepare a feasibility study report based on the contents specified in Clause 2 of this Article. The feasibility study report may be formulated in the course of appraisal and approval of the investment policy but the project approval must be based on the investment policy decision.”;

b/ To amend and supplement the opening paragraph of Clause 2 as follows:

“2. Except in the cases specified in Clauses 3 and 4 of this Article, the feasibility study report must have the following principle contents:”;

c/ To amend and supplement Point i, Clause 2 as follows:

“i/ The project’s socio-economic efficiency.”;

d/ To add Clauses 3, 4, 5, and 6 below Clause 2 as follows:

“3. For projects implemented under O&M contracts, a feasibility study report must have the following principal contents:

a/ The necessity for implementing the project; advantages of application of the O&M contract form compared to other forms of investment; impacts of project implementation in the PPP form on the local community within the project area based on the assimilation of opinions of the provincial-level People’s Council and People’s Committee, and chapter of the Vietnam Fatherland Front of the locality where the project is to be implemented, and professional associations related to investment fields;

b/ Objectives; location; assessment of the practical state of infrastructure facilities and systems and machinery and equipment of works and the infrastructure system;

c/ Commentaries about requirements on plans on organization of management, operation, commercial operation of infrastructure facilities and systems; requirements on quality of public products and services;

d/ Information on the project contract, including contract term, risk analysis and risk management measures for the project;

dd/ Forms of investment incentives and guarantees;

e/ Total investment amount; the project’s financial plan; capacity to raise funds for project implementation;

g/ Socio-economic efficiency of the project;

4. For projects implemented under non-payment BT contracts, feasibility study reports shall be formulated in accordance with the construction law and other relevant laws, ensuring that the projects satisfy the conditions for selection of a PPP project specified at Points a, b, and c, Clause 1, Article 14 of this Law.

5. For PPP projects that only require a construction investment economic-technical report, the content of such a report shall be formulated in accordance with the construction law and Points a, e, g, h, and i, Clause 2 of this Article.

The project preparation unit shall perform environmental impact assessment for projects subject to the performance of environmental impact assessment or the procedures for applying for an environmental license in accordance with the environmental protection law. The bid-winning investor and PPP project enterprise are not required to perform environmental impact assessment for a PPP project contract.”.

9. To amend and supplement Clauses 2 and 3; to add Clause 4 below Clause 3 of Article 21 as follows:

“2. Ministers and heads of central agencies or other agencies shall approve the following PPP projects:

a/ Projects under their management specified in Clauses 2 and 3, Article 12 of this Law;

b/ Projects under their management implemented under O&M contracts;

c/ Projects implemented under BT contracts that do not require payment and their implementation in ministries, central agencies or other agencies are proposed by investors.

3. Chairpersons of provincial-level People’s Committees shall approve the following PPP projects:

a/ Projects under their management specified in Clauses 2, 4, and 4a, Article 12 of this Law;

b/ Projects under their management implemented under O&M contracts;

c/ Projects implemented under BT contracts that do not require payment and their implementation in localities are proposed by investors.

4. Ministers, heads of central agencies or other agencies and chairpersons of provincial-level People’s Committees shall approve PPP projects that have total investment capital amounts equal to those of group-B and group-C projects as specified by the public investment law and are not funded by the state budget under Articles 70, 71 and 72 of this Law, based on feasibility study reports formulated and appraised under Articles 19 and 20 of this Law.”.

10. To amend and supplement Clause 2, Article 28 as follows:

“2. Based on specific conditions of each project, a competent agency shall concurrently:

a/ Draw up a shortlist during the formulation of the feasibility study report based on the investment policy decision; and,

b/ Make a bidding dossier during the preparation of the project as specified in Chapter II of this Law, ensuring that the approval of the bidding dossier is based on the investment policy decision and project approval decision.”.

11. To amend and supplement Clause 3, Article 42 as follows:

“3. Financial and commercial evaluation shall be carried out by the comparison and ranking method as stated in bidding dossiers. The comparison and ranking method shall be developed based on one, several or all of the following financial and commercial evaluation criteria:

a/ Criterion on public product and service prices and charges;

b/ Criterion on state capital provided in support of construction of infrastructure facilities and systems;

c/ Criterion on social and state interests.

d/ Criterion of payment value.”.

12. To amend and supplement a number of clauses of Article 45 as follows:

a/ To amend the opening paragraph of Clause 1 as follows:

“1. Group of project contracts applying the mechanism of collecting charges directly from users or organizing public product and service factoring, or other business forms as specified by law, includes:”;

b/ To add Clauses 2a and 2b below Clause 2 as follows:

“2a. BT contract, which means a contract signed between a competent agency and an investor or a project enterprise (if any) to build infrastructure facilities and systems; once completion, the investor shall transfer such infrastructure facilities and systems of BT project to the competent agency.

A BT contract shall be performed in the following forms:

a/ Payment by the recovered land fund under the land law or by the land fund managed by state agencies or organizations for implementing counterpart projects. The allocation or lease of land for the implementation of BT works and counterpart projects means the allocation or lease land without auction of land use rights or without bidding for selection of investors to implement land-using projects. The order and procedures for land allocation and land lease must comply with the land law. The projected land price of the land fund for payment for BT projects shall be calculated based on the land price list upon the formulation of the project and bidding dossier. The payment shall be made under the mechanism of offsetting the difference between the value of the BT works and the value of the land fund used for payment;

b/ Payment by the state budget from public investment funds or from state budget revenues from the auction of land funds and public assets that are recorded as state budget revenues or expenditures. The value of BT project works consists of the works’ total construction investment amount determined in accordance with the construction law and other post-construction expenses, including post-construction loan interests and the investor’s rational profits;

c/ Non-payment.

2b. The Government shall detail Points a and b, Clause 2a of this Article.”.

13. To amend and supplement Clause 1 of, and add Clause 1a below Clause 1, Article 49 as follows:

“1. Except projects implemented under non-payment BT contracts, a PPP project contract may be signed on the basis of a decision approving the investor selection result, contract negotiation result, valid bid dossier, information on capacity of investors updated by the time of contract signing, and bidding dossier. In case a PPP project has a component project using public investment capital and falling into the category of three-step design construction works as specified by the construction law, the competent agency shall formulate, appraise and approve the technical design and cost estimates of the component project using public investment capital in the course of investor selection so as to ensure that the contract is signed based on its approved technical design and cost estimates.

1a. Projects implemented under non-payment BT contracts shall be signed based on project approval decisions and the contract negotiation results.”.

14. To amend and supplement a number of clauses of Article 52 as follows:

a/ To add Clauses 2a and 2b below Clause 2 as follows:

“2a. Investors and PPP project enterprises shall have their expenses refunded in the following cases of premature termination of contracts:

a/ The cases specified at Points a, b, and dd, Clause 2 of this Article and project contracts that are determined to fall under the payment obligation of contract-signing agencies;

b/ The cases specified at Point d, Clause 2 of this Article due to faults of the contract-signing agencies;

2b. Compensation expenses for premature termination of contracts for investors and PPP project enterprises specified in Clause 2a of this Article shall be audited by the State Audit Office of Vietnam to serve as a basis for payment to the investors and PPP project enterprises. The contract-signing agencies, investors and PPP project enterprises may reach agreement on hiring independent auditors to audit such expenses.”;

b/ To amend and supplement Clause 6 and add Clause 6a below Clause 6 as follows:

“6. In case a PPP project contract is terminated ahead of schedule under Clause 2a of this Article, funds for acquisition of the PPP project enterprise or compensation expenses for premature termination of the contract shall be covered by the state funds in accordance with law. In case of termination of a PPP project contract due to the fault of the investor as specified at Point c or d, Clause 2 of this Article and the contract-signing agency and lender select a replacement investor, the investor shall transfer its/his/her shares and contributed capital amount to the replacement investor.

6a. Public investment funds used for compensation for premature termination of a contract are specified as follows:

a/ In case a project contract is terminated during the construction stage, based on the decision of the competent agency specified at Point b, Clause 2, Article 89; Clause 2, Article 93; and Clause 3, Article 94 of this Law, the competent agency shall formulate a project using public investment funds including construction investment expenses for remaining works and compensation expenses for contract termination for the investor and project enterprise. The order and procedures for making investment policy decisions and project investment decisions specified at this Point must comply with the public investment law.

In case a competent authority decides not to continue investing in or constructing the uncompleted infrastructure facilities and systems, the competent agency shall carry out the procedures for making payment to the investor and PPP project enterprise under Point b of this Clause;

b/ In case a project contract is terminated during the operation and commercial operation phases, based on the decision of the competent agency specified at Point b, Clause 2, Article 89; Clause 2, Article 93; and Clause 3, Article 94 of this Law, the competent agency shall report to the competent authority on the addition of funding sources to medium-term and annual public investment plans or addition of expense estimates to plans on central and local budget funds in accordance with the public investment and state budget laws. Activities specified at this Point shall be carried out according to the order and procedures for separate funding sources in accordance with the public investment and state budget laws.”.

15. To amend and supplement Clause 1, Article 57 as follows:

“1. Based on feasibility study reports and provisions of PPP project contracts, PPP project enterprises shall carry out one, several or all of the following activities:

a/ Making construction designs following basic designs of infrastructure facilities and systems of PPP projects in accordance with the construction law, except the case specified at Point c of this Clause;

b/ Making designs of infrastructure systems of PPP projects in accordance with relevant laws, for projects without construction components, except the case specified at Point c of this Clause;

c/ For PPP projects using public investment funds by the method of dividing projects into component projects, PPP project enterprises shall make construction designs following basic designs of infrastructure facilities and systems using investors’ capital; construction drawing designs for infrastructure facilities and systems of component projects using public investment funds based on approved technical designs;

d/ For PPP projects using public investment funds to be arranged for specific project items, in addition to the responsibilities specified at Points a and b of this Clause, the PPP project enterprise shall formulate expense estimates for items using public investment funds and send them to the specialized construction agency in accordance with the construction law, for projects with construction components or specialized agencies in accordance with other relevant laws, for projects without construction components, for appraisal.”.

16. To amend and supplement a number of points and clauses of Article 69 as follows:

a/ To amend and supplement Point b, Clause 1 as follows:

“b/ Payment to PPP project enterprises providing public products and services under BTL and BLT contracts; payment to investors and PPP project enterprises under BT contracts funded by the state budget;”;

b/ To amend and supplement Point d, Clause 1 as follows:

“d/ Payment for offsetting decreased turnover; expenses for compensation for premature termination of contracts;”;

c/ To amend and supplement Clause 2; to add Clauses 2a and 2b below Clause 2 as follows:

“2. The ratio of state capital amount in a PPP project mentioned at Point a or c, Clause 1 of this Article must not exceed 50% of the project’s preliminary total investment fund or total investment fund, except the case specified in Clause 2a of this Article.

2a. The ratio of state capital amount in a PPP project is higher than that mentioned in Clause 2 of this Article but must not exceed 70% of the project’s preliminary total investment fund or total investment fund in case the PPP project satisfies one, several or all of the following conditions:

a/ The project’s expenses as specified at Point c, Clause 1 of this Article exceed 50% of the project’s preliminary total investment fund or total investment fund;

b/ The project is implemented in areas with difficult or extremely difficult socio-economic conditions and needs higher state funds than the ratio specified in Clause 2 of this Article to ensure the project’s financial feasibility;

c/ The project requires the receipt of a transferred high technology, new technology or advanced technology from private investors and needs higher state funds than the ratio specified in Clause 2 of this Article to ensure the project’s financial feasibility;

2b. In case a project satisfies one, several or all of the conditions specified in Clause 2a of this Article, the authority competent to decide on investment policy shall decide on the applicable ratio of state capital amount in a PPP project as follows:

a/ For a PPP project that is not divided into component projects, the applicable ratio of state capital amount must not exceed 70% of the project’s preliminary total investment fund or total investment fund;

b/ For a PPP project with PPP component projects, the ratio of state capital amount must not exceed 70% of preliminary total investment fund or total investment fund of each component project;

c/ For a project that is divided into component projects, including a public investment project and PPP project, the ratio of state capital amount must not exceed 70% of preliminary total investment fund or total investment fund of the PPP project. In case the payment of compensation for ground clearance, support and resettlement; and support for the construction of makeshift works is separated into an independent component project using public investment funds, the PPP component project may apply the ratio of state capital amount equal up to 70% of preliminary total investment fund or total investment fund if satisfying the conditions specified at Points b and c, Clause 2a of this Article.”.

17. To amend and supplement Clause 4, Article 70 as follows:

“4. State capital amounts provided as support for the construction of infrastructure facilities and systems shall be allocated from public investment funds in accordance with the public investment law.”.

18. To amend and supplement a number of clauses of Article 73 as follows:

a/ To amend and supplement Clause 1 as follows:

“1. Expenses for project preparation by competent agencies or PPP project preparation units; expenses for organization of appraisal by PPP project appraisal councils and units assigned to appraise PPP projects; and expenses for investor selection and contract signing by competent agencies and bid solicitors shall be allocated from public investment funds, recurrent expenditures and other lawful funding sources and included in total investment amounts of projects.”;

b/ To amend and supplement Clause 3 as follows:

“3. Expenses for project implementation after contract signing by competent agencies and contract-signing agencies shall be allocated from recurrent expenditures of such agencies and other lawful funding sources.”.

19. To amend and supplement Clause 3 and add Clause 3a below Clause 3, Article 82 as follows:

“3. The mechanism for sharing decreased turnover provided in Clause 2 of this Article shall be determined in investment policy decisions. Based on the practical situation of the sectors and localities regarding the availability of funding sources and the priority degree of state budget expenditures in each period, the competent agency of the project shall determine feasible funding sources to cover decreased turnover and report thereon to the competent authority under regulations applicable to different funding sources. The order of priority for funding sources is as follows:

a/ The central budget’s and local budgets’ annual provisions for development investment. The order and procedures for formulation and approval of projects using such provisions must comply with the public investment and the state budget laws;

b/ Increased revenues and saved expenditures of the central budget and increased revenues and saved expenditures of local budgets for development investment. The order and procedures for formulation and approval of projects using increased revenues and saved expenditures under this Point must comply with the public investment and the state budget laws;

c/ The central budget’s and local budgets’ general provisions for medium-term public investment plans. The order and procedures for formulation and approval of projects using such provisions must comply with the public investment law.

Expenses for applying the decreased turnover-sharing mechanism mentioned in this Clause must be stated in project contracts.

3a. For projects falling within the investment policy-deciding competence of the National Assembly, Prime Minister, ministers or heads of central agencies and other agencies, the central budget shall be used first of all for covering decreased revenues. For projects falling within the investment policy-deciding competence of provincial-level People’s Councils or People’s Committees, local budgets shall be used for covering decreased revenues. For projects each implemented in two or more provincial-level administrative units, provincial-level People’s Committees assigned by the Prime Minister as competent agencies shall agree on responsibilities of respective localities for covering decreased revenues in projects’ investment policy decisions.”.

20. To amend and supplement Article 86 as follows:

“Article 86. Monitoring of investment in the PPP form by state management agencies

1. The central state management agency in charge of investment in the PPP form shall monitor the process of PPP project implementation specified at Points a, b and c, Clause 2, Article 4 of this Law and other projects as assigned by the National Assembly or Prime Minister.

2. Local state management agencies in charge of investment in the PPP form shall monitor the process of PPP project implementation specified at Point d, dd and e, Clause 2, Article 4 of this Law.”.

21. To amend and supplement Clause 1, Article 91 as follows:

“1. To promulgate according to its competence, or submit to competent authorities for promulgation, legal documents on financial management mechanisms for PPP investment projects, and mechanisms for payment and finalization of projects implemented under BT contracts.”.

22. To amend, supplement and annul a number of points and clauses of Article 101 as follows:

a/ To amend and supplement Clause 4 as follows:

“4. Except projects implemented under BT contracts, PPP project contracts signed before January 1, 2021, may continue to be performed in accordance with their terms. When it is necessary to modify or supplement contents of a project contract that is not provided by law at the time of contract signing, the concerned parties may agree on contract modification or supplementation in accordance with this Law and relevant laws that are effective at the time of contract modification or supplementation.”;

Article 4. To amend and supplement a number of articles of the Bidding Law

1. To amend and supplement a number of points and clauses of Article 3 as follows:

a/ To amend and supplement Clause 5 as follows:

“5. The selection of contractors for projects funded by official development assistance (ODA) or foreign concessional loans under treaties to which the Socialist Republic of Vietnam is a contracting party (below referred to as treaties) or foreign loan agreements must comply with the provisions of these treaties or loan agreements. In case a treaty or loan agreement does not provide or provides that Vietnam’s law must apply, this Law’s provisions shall prevail.

Before concluding a treaty or loan agreement that contains bidding provisions different from those of, or not yet contained in, this Law, agencies in charge of negotiation shall report thereon to the Government for consideration and decision the application under regulations of donors or international organizations in which the State or Government of the Socialist Republic of Vietnam is a member.”;

b/ To amend and supplement Point d, Clause 7 as follows:

“d/ Selection of contractors for supply of goods or provision of consultancy services or non-consultancy services in order to ensure continuity of production and business activities and for procurement in order to maintain regular operation using production and business capital by state enterprises and enterprises with 100% of their charter capital held by state enterprises; selection of contractors to implement bidding packages under business investment projects specified in Clause 3, Article 2 of this Law; selection of contractors to supply goods or provide consultancy services and non-consultancy services to directly serve bidding packages for which public non-business units have signed contracts;”.

2. To amend and supplement Point a, Clause 1, Article 5 as follows:

“a/ For a domestic contractor or investor: being an enterprise or a cooperative, union of cooperatives, cooperative group, public non-business unit, foreign-invested economic organization or another organization registered for establishment and operation in accordance with Vietnam’s law; for a foreign contractor or investor: having made registration for establishment and operation in accordance with foreign law;”.

3. To amend and supplement a number of points and clauses of Article 6 as follows:

a/ To amend and supplement Point d, Clause 1 as follows:

“d/ The project owner and bid solicitor, except the case in which contractors are public non-business units of state management agencies with their assigned functions and tasks conforming with the nature of bidding packages of such state management agencies, and the cases specified in Clause 4a of this Article.”;

b/ To amend and supplement Point d, Clause 4 as follows:

“d/ Not holding shares of, or capital contributions to, each of others; not holding over 20% shares of, or capital contributions to, the same organization or individual, for contractors participating in the bidding for a bidding package and the contractor providing consultancy for such bidding package, except the cases specified in Clause 4a of this Article.”;

c/ To add Clause 4a below Clause 4 as follows:

“4a. Parent companies, subsidiaries and member companies of state economic groups and state corporations may participate in each other’s bidding packages if products and services of such bidding packages fall into the main production and business lines of such state economic groups or state corporations. For mixed bidding packages in which state economic groups or parent companies, subsidiaries or member companies of state economic groups act as project owners, bid solicitors, contractors participating in bidding, contractors providing consultancy for formulation and verification of front-end engineering designs, feasibility study reports (in case front-end engineering designs are not formulated), techno-economic reports (in case feasibility study reports and front-end engineering designs are not formulated in accordance with the construction law) may not hold shares or capital contributions from each other, not hold shares of, or capital contributions to, each of others, not hold over 30% shares of, or capital contributions to, the other organization or individual.”.

4. To amend and supplement Clause 9, Article 16 as follows:

“9. Organizing contractor selection while the funding source has not yet been determined under Clause 3, Article 39 of this Law, except cases of bidding in advance specified in Article 42 of this Law.”.

5. To add Point e below Point dd, Clause 1, Article 17 as follows:

“e/ Bid cancellation under Clause 5, Article 42 of this Law.”.

6. To amend and supplement Clause 1, Article 19 as follows:

“1. An expert group composed of qualified and experienced individuals shall perform one or more than one task, namely formulation of the dossier of invitation for expression of interest, dossier of invitation to prequalification, bidding dossier or dossier of requirements; evaluation of dossier of expression of interest, dossier for participation in prequalification, bid dossier, dossier of proposals and dossier of registration for implementation of the business investment project; and performance of other tasks in the course of contractor or investor selection. The expert group shall be established as follows:

a/ Being established or assigned tasks by the project owner, for contractor selection;

b/ Being established or assigned tasks by the party inviting expression of interest or bid solicitor, for investor selection;

c/ Being established by the bidding consultancy unit, in case of hiring consultants for formulation of the dossier of invitation for expression of interest, dossier of invitation to prequalification, bidding dossier or dossier of requirements; evaluation of dossier of expression of interest, dossier for participation in prequalification, bid dossier, dossier of proposals and dossier of registration for implementation of the business investment project.”.

7. To amend and supplement a number of points and clauses of Article 23 as follows:

a/ To amend and supplement Point c, Clause 1 as follows:

“c/ Consultancy service and non-consultancy service provision bidding packages, bidding packages for supply of drugs, chemicals and supplies for tests, medical equipment, components, spare parts or means, construction, pesticides, plant seeds, antiseptics and supplies that need to be immediately used to serve epidemic prevention and control; consultancy service and non-consultancy service bidding packages, goods supply and construction bidding packages to maintain the operation of medical examination and treatment establishments in case of emergency, preventing harms to the people’s life and health; bidding packages for procurement of drugs, chemicals and supplies for tests, medical equipment, components and spare parts for giving first aid to patients in emergency situations in accordance with the Law on Medical Examination and Treatment in case medical examination and treatment establishments have insufficient drugs, chemicals and supplies for tests, medical equipment, components and spare parts; and bidding packages for procurement of drugs and medical equipment with the sole manufacturer available in the market;”;

b/ To amend and supplement Point g, Clause 1 as follows:

“g/ Bidding packages for provision of consultancy services for the formulation of feasibility study reports or construction designs that are designated to authors of selected architecture designs, provided that the authors are fully capable as specified by the construction law; bidding packages for construction and restoration of monuments, bas-reliefs, grand murals and artistic works subject to copyright protection from the stage of creation to the stage of construction; bidding packages for provision of consultancy services for the formulation of urban and rural master plans that are designated to authors of urban and rural planning ideas selected through contests; bidding packages for provision of consultancy services for construction, renovation and restoration of national relics, special national relics and world cultural heritage sites;”.

c/ To amend and supplement the first paragraph of Point m, Clause 1 as follows:

“m/ Bidding packages under procurement expense estimates without project formation that have a price of up to VND 300 million; biding packages under investment projects that have a price of up to VND 500 million for consultancy service bidding packages, or up to VND 1 billion for non-consultancy service, good procurement, construction and mixed bidding packages; bidding packages for formulation of planning tasks that have a price of up to VND 500 million.”;

d/ To amend and supplement Point a, Clause 3 as follows:

“a/ Having the project approval decision, except bidding packages for provision of project preparation consultancy; having the planning task approval decision for bidding packages for provision of planning consultancy and bidding packages serving planning work, except cases in which the bidding package needs to be executed before the planning task is approved and cases in which the planning task is not required to be approved in accordance with the planning law;”.

8. To amend and supplement Article 29 as follows:

“Article 29. Contractor selection in special cases

1. Contractor selection in special cases may be applied to bidding packages of procurement projects or expense estimates that have one or more than one particular condition on contractor selection order, procedures and criteria, and contract signing and performance conditions, or in case a bidding package is implemented, there is a requirement for assurance of national defense, security, foreign affairs, territorial borders, and performance of political tasks of the country, for which one of the forms of contractor selection specified in Articles 21 thru 28 of this Law cannot be applied.

2. The Government shall detail this Article.”.

9. To amend and supplement Point a, Clause 1, Article 30 as follows:

“a/ Open bidding and restricted bidding for non-consultancy service, procurement, construction and mixed bidding packages. For bidding packages satisfying the conditions specified at Point b, Clause 1, Article 31 of this Law, they may choose to apply single-stage single-envelope method or single-stage two-envelope method;”.

10. To amend and supplement Point b, Clause 1, Article 31 as follows:

“b/ Open bidding for mixed bidding packages subject to international bidding specified at Point b, Clause 1, Article 11, or restricted bidding for bidding packages specified in Clause 1, Article 22 of this Law.”.

11. To add Clause 3 below Clause 2, Article 34 as follows:

“3. Investor selection in special cases.”.

12. To add Article 34a below Article 34 as follows:

“Article 34a. Investor selection in special cases

1. Investor selection in special cases may be applied to investment projects that have one or more than one particular requirement or condition on investment procedures; procedures for land allocation, land lease and sea area allocation; procedures, methods and criteria for investor selection, and contents of investment project contracts or requirements for assurance of national defense, security, foreign affairs, territorial borders, national interests, and performance of national political tasks for which one of the forms of investor selection specified in Clauses 1 and 2, Article 34 of this Law cannot be applied.

2. The Government shall detail this Article.”.

13. To amend and supplement Point a, Clause 1, Article 38 as follows:

“a/ The project approval decision and relevant documents, except cases in which a bidding package needs to be executed before the project is approved; the planning task approval decision and relevant documents, for planning consultancy bidding packages and bidding packages serving planning work, except bidding packages that need to be executed before the planning tasks are approved and cases in which planning tasks are not required to be approved under the planning law; in case a bidding package that needs to be executed before the project is approved, the decision of the head of the project owner or the head of the unit assigned to prepare the project in case the investor is not yet identified;”.

14. To amend and supplement Article 42 as follows:

“Article 42. Bidding in advance

1. Bidding in advance means the performance of a number of procedures before a treaty or foreign loan agreement is concluded, for projects funded with ODA or foreign concessional loans or before the project is approved for investment for the purpose of accelerating the project implementation, except the bidding package that needs to be executed before the project is approved.

2. Bidding in advance may be carried out for:

a/ Goods procurement bidding packages that have the scope of provision and technical requirements identified;

b/ Consultancy service, non-consultancy service, goods procurement and construction bidding packages that serve the payment of compensation for ground clearance, relocation of technical infrastructure facilities, mine clearance, planning, and resettlement;

c/ Project management consultancy bidding package, for jobs performed after the project is approved, and technical design dossier and construction drawing design and construction supervision dossier are formulated; and,

d/ Bidding packages of projects funded with ODA or foreign concessional loans in which bidding in advance is mandatory at the request of donors. In case it is not required by donors, bidding packages of projects funded with ODA or foreign concessional loans may carry out bidding in advance under Points a, b and c of this Clause.

3. For bidding packages specified in Clause 2 of this Article, procedures to be carried out before the project is approved or a treaty or foreign loan agreement is concluded include:

a/ Formulation, appraisal and approval of a contractor selection plan;

b/ Identification of a shortlist (if any);

c/ Formulation, appraisal and approval of the bidding dossier;

d/ Evaluation of bid dossiers;

dd/ Consideration and approval of bid winners and identification of bid-winning contractors.

Contract signing may only be carried out after the project investment is approved; for bidding packages of projects funded with ODA or foreign concessional loans, the contract signing may be carried out before the conclusion of a treaty or foreign loan agreement in accordance with foreign donors’ regulations but after the project investment is approved.

4. For bidding packages entitled to bidding in advance, contractors are not required to take bid security measures specified in Article 14 of this Law but shall make commitments in bidding dossiers regarding the bidding participation responsibility.

5. Dossiers of invitation for expression of interest, dossiers of invitation to prequalification and bidding dossiers must clearly define the responsibility of contractors and project owners to carry out bidding in advance under this Article.

In case projects are not approved or treaties or foreign loan agreements are not concluded and other funding sources cannot be arranged, project owners may cancel bidding and are not required to reimburse expenses related to contractors’ bidding participation.

6. Project owners and heads of units assigned to prepare projects may form bidding packages that include one or more than one job, namely construction survey, formulation of prefeasibility study reports or investment policy proposal reports, formulation of construction detailed plans, feasibility study reports, techno-economic reports, formulation of technical design dossiers or construction drawing design dossiers, and construction supervision, in order to organize the contractor selection. The formulation of technical design and construction drawing design dossiers and construction supervision may only be performed after projects are approved.

7. The activities specified in this Article shall be carried out in accordance with the order and procedures specified in Clause 1, Article 43 of this Law. The formulation of contractor selection plans for bidding packages entitled to bidding in advance are not required to be based on the contents specified in Clause 1, Article 38 of this Law.”.

15. To amend and supplement Point d, Clause 1, Article 43 as follows:

“d/ Contract negotiation, for consultancy service bidding packages;

For goods procurement, construction and non-consultancy service bidding packages subject to international bidding, mixed bidding packages and bidding packages subject to restricted bidding specified in Clause 1, Article 22 of this Law, in case of necessity, bid solicitors may negotiate contracts with first-ranked contractors;”.

16. To amend and supplement Points b and dd, Clause 1, Article 45 as follows:

a/ To amend and supplement Point b as follows:

“b/ The time limit for preparation of bid dossiers for open bidding or restricted bidding is 18 days, for domestic bidding, or 35 days, for international bidding, counted from the first date of distribution of the bidding dossier to the date of bid closing; for a construction bidding package or mixed bidding package with a price not exceeding VND 20 billion, or a goods procurement or non-consultancy service bidding package with a price not exceeding VND 10 billion, the time limit for preparation of bid dossiers is 9 days, for domestic bidding, or 18 days, for international bidding; for a simple consultancy bidding package or consultancy bidding package with a price not exceeding VND 500 million or urgent consultancy bidding package that needs to be executed due to progress requirements, the time limit for preparation of bid dossiers is 7 days, for domestic bidding;”.

b/ To amend and supplement Point dd as follows:

“dd/ The modification of the bidding dossier shall be carried out at least 10 days before the date of bid closing; for a construction bidding package or mixed bidding package with a price not exceeding VND 20 billion, goods procurement or non-consultancy service bidding package with a price not exceeding VND 10 billion, simple consultancy bidding or consultancy bidding package with a price not exceeding VND 500 million or urgent consultancy bidding package that needs to be executed due to progress requirements, the modification of the bidding dossier shall be carried out at least 3 working days before the date of bid closing. The modification of the dossier of invitation for expression of interest or dossier of invitation to prequalification shall be carried out at least 3 working days before the date of bid closing.”.

17. To amend and supplement Clause 2, Article 55 as follows:

“2. For the procurement of drugs and medical equipment for retail sale at pharmacies within the premises of public healthcare establishments, and procurement of vaccines for on-demand vaccination services, healthcare establishments may themselves decide on the procurement on the basis of ensuring publicity, transparency, economic efficiency and accountability.”.

18. To amend and supplement Point a, Clause 3, Article 58 as follows:

“a/ The combined technique-and-price method may be applied to the bidding packages specified at Point b, Clause 1, Article 31 of this Law;”;

19. To amend and supplement Clauses 4 and 10, Article 78 as follows:

a/ To amend and supplement Clause 4 as follows:

“4. To decide to establish bid solicitors with staffs meeting contractor selection requirements. In case of unqualified staffs, to select consultancy contractors to act as bid solicitors or perform some tasks of bid solicitors; to decide to form expert teams under Article 19 of this Law in case no consultancy units are hired to formulate dossiers of invitation for expression of interest, dossiers of invitation to prequalification, bidding dossiers or dossiers of requirements; evaluation of dossiers of expression of interest, dossiers for participation in prequalification, bid dossiers, dossiers of proposals.”;

b/ To amend and supplement Clause 10 as follows:

“10. To cancel bidding, for the cases specified at Points a and e, Clause 1, Article 17 of this Law.”.

20. To annul Point b, Clause 1, Article 79.

21. To replace the phrase “concessional loans of foreign donors” specified in Article 3; Point a, Clause 7, Article 3; Point dd, Clause 1, Article 38; and Clause 3, Article 39, with the phrase “foreign concessional loans”.

Article 5. Implementation provisions

1. To annul Articles 39 and 40 of Law No. 39/2024/QH15 on the Capital.

2. This Law takes effect on January 15, 2025, except Clauses 3 and 4 of this Article.

3. The implementation of BT contracts receiving land as payment and BT contracts receiving state budget payment specified at Point b, Clause 12, Article 3 of this Law takes effect on July 1, 2025.

4. The provisions of Point a, Clause 19, and Clause 20, Article 1; Clause 2, Article 2; and Points b, c and d, Clause 11, Article 2, of this Law take effect on July 1, 2025.

Article 6. Transitional provisions

1. Transitional provisions of the provisions amending and supplementing the Planning Law:

a/ Funds for planning activities allocated before the effective date of this Law may continue to be used in accordance with relevant laws at the time of fund allocation;

b/ Master plans that are adjusted under the National Assembly’s Resolution No. 61/2022/QH15 of June 16, 2022, and are sent to ministries, ministerial-level agencies and concerned agencies for opinion before the effective date of this Law may continue to be adjusted under the National Assembly’s Resolution No. 61/2022/QH15 of June 16, 2022;

c/ For plans on implementation of national sectoral master plans and provincial master plans that are submitted to the Prime Minister before the effective date of this Law but have yet to be promulgated, ministries, ministerial-level agencies and provincial-level People’s Committees shall consider and promulgate them under Clauses 17 and 18, Article 1 of this Law.

In case of necessity to adjust plans on implementation of national sectoral master plans and provincial master plans that are submitted to the Prime Minister before the effective date of this Law, such plans shall be adjusted under Clauses 12, 17 and 18, Article 1 of this Law;

d/ In case the implementation of resolutions of the National Assembly, National Assembly Standing Committee, Government or provincial-level People’s Councils leads to a change in one or more than one content of national master plans, regional master plans or provincial master plans for the 2021-2030 period that have been decided or approved by competent authorities before the effective date of this Law concerning implementation phases, parameters and information but does not change viewpoints and objectives of such master plans, such master plans shall be adjusted according to fast-track procedures specified in Clause 16, Article 1 of this Law.

2. Transitional provisions of the provisions amending and supplementing the Investment Law:

a/ From the effective date of this Law, valid dossiers of request for approval or adjustment for investment policy for investment projects on construction and commercial operation of infrastructure of industrial parks or export processing zones; investment projects on construction of new harbors or harbor areas with a total investment capital of under VND 2.3 trillion of special seaports; investment projects in conformity with the law on cultural heritage, regardless of land area and population within protected areas of category I and category II of relics recognized by competent authorities as national relics or special national relics, except category-I protected areas of special national relics on the World Heritage List that have been received before the effective date of this Law but have yet to receive processing results, shall be processed as follows:

a.1/ In case the projects have been submitted to the Prime Minister for consideration, approval and adjustment of investment policy before the effective date of this Law, they shall continue to be implemented in accordance with Investment Law No. 61/2020/QH14, which has a number of articles amended and supplemented under 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 (below referred to as Law No. 61/2020/QH14);

For projects that have yet to meet the requirements and conditions for investment policy approval and adjustment specified in Law No. 61/2020/QH14, the Ministry of Planning and Investment shall transfer project dossiers, appraisal opinions and appraisal reports to provincial-level People’s Committees for handling according to competence as specified in this Law based on the Prime Minister’s opinions;

a.2/ In case the projects have not been submitted to the Prime Minister for investment policy consideration, approval or adjustment before the effective date of this Law, the Ministry of Planning and Investment shall transfer project dossiers and appraisal opinions (if any) to provincial-level People’s Committees for handling according to competence specified in this Law;

a.3/ Provincial-level People’s Committees may continue to use project dossiers, appraisal opinions and appraisal reports to consider, approve or adjust investment policy in the cases specified at Items a.1 and a.2, Point a of this Clause;

b/ For investment projects on construction and commercial operation of infrastructure of industrial parks or export processing zones; investment projects to construct new harbors or harbor areas of special seaports; and investment projects in protected areas of relics that have investment policy approved by the Prime Minister before the effective date of this Law and now are subject to investment policy approval by provincial-level People’s Committees as specified in Clause 5, Article 2 of this Law, provincial-level People’s Committees are competent to approve investment policy adjustment;

c/ For investment projects specified in Clause 8, Article 2 of this Law that have investment policy approved or investment registration certificates granted before the effective date of this Law, investors may select to apply special investment procedures as follows:

c.1/ An investor shall submit an investment registration dossier specified in Clause 8, Article 2 of this Law, together with a report on project implementation by the time of dossier submission, to the industrial park, export processing zone, hi-tech park or economic zone management board.

For an investment project consisting of multiple phases, the investor may choose to apply special investment procedures for each phase;

c.2/ The industrial park, export processing zone, hi-tech park or economic zone management board shall carry out the procedures specified in Clause 8, Article 2 of this Law for grant or renewal of an investment registration certificate;

c.3/ An investment registration certificate shall specify contents of the investment project registered under Item c.1, Point c of this Clause;

An investor may implement an investment project under the investment registration certificate granted or renewed under Item c.2, Point c of this Clause;

d/ For projects that have investment policy decided or approved or are approved for investment and granted investment registration certificates before the effective date of this Law, the 24-month time limit for investment registration agencies to terminate or partially terminate activities of investment projects as specified in Clause 10, Article 2 of this Law shall be counted from January 15, 2025, if the  realization of the project’s main objectives specified in the document on investment policy decision or approval, or investment approval, investment registration certificate or document on adjustment of investment policy decision, approval of investment policy adjustment or adjusted investment registration certificate is completed before January 15, 2025.

3. Transitional provisions of the provisions amending and supplementing the Law on Investment in the Form of Public-Private Partnership:

a/ For a PPP project for which a prefeasibility study report or an adjusted prefeasibility study report has been formulated but has yet to be submitted for appraisal, or for which an appraisal council has yet to be established, the competence, order and procedures for project preparation or investment policy adjustment must comply with this Law. In case the appraisal council has been established and investment policy has been appraised, the order, procedures and competence for appraisal of and decision on investment policy or investment policy adjustment may continue to comply with the law on investment in the form of public-private partnership that takes effect before the effective date of this Law;

b/ For a PPP project that has investment policy decided by the Prime Minister and for which a feasibility study report or an adjusted feasibility study report is being formulated, but by the effective date of this Law, has yet to be submitted for appraisal or for which an inter-sectoral appraisal council has yet to be established, the competence, order and procedures for project preparation or feasibility study report adjustment must comply with this Law. In case the inter-sectoral appraisal council has been established and the feasibility study report has been appraised, the order, procedures and competence for appraisal and approval of the project or adjustment of the feasibility study report shall continue to comply with the law on investment in the form of public-private partnership that takes effect before the effective date of this Law;

c/ For a PPP project that has investment policy decided and is approved by a competent authority but for which, by the effective date of this Law, investor selection has yet to be organized, investment policy shall be reviewed and adjusted or feasibility study report shall be adjusted to be compliant with this Law;

d/ For a PPP project that is implemented under the National Assembly’s Resolution No. 98/2023/QH15 of June 24, 2023, on the pilot implementation of a number of particular mechanisms and policies for development of Ho Chi Minh City; the National Assembly’s Resolution No. 136/2024/QH15 of June 26, 2024, on the organization of urban administration and pilot implementation of a number of particular mechanisms and policies for development of Da Nang city; and the National Assembly’s Resolution No. 137/2024/QH15 of June 26, 2024, on additional pilot implementation of a number of particular mechanisms and policies for development of Nghe An province, the provincial-level People’s Council shall decide to continue implementing the PPP project in accordance with such Resolutions or apply this Law. In case of deciding to apply this Law, it shall apply transitional provisions of Points a, b and c of this Clause to continue implementing such project.

4. Transitional provisions of the provisions amending and supplementing the Bidding Law:

a/ For bidding packages on contractor selection for which dossiers of invitation for expression of interest, dossiers of invitation to prequalification, bidding dossiers or dossiers of requirements are approved and issued before the effective date of this Law, shortlist selection, contractor selection, contract signing and management of contract performance must continue to comply with Bidding Law No. 22/2023/QH15 and documents detailing and guiding its implementation;

b/ For bidding packages that have their contractor selection plans approved but for which, by the effective date of this Law, dossiers of invitation for expression of interest, dossiers of invitation to prequalification, bidding dossiers or dossiers of requirements have yet to be issued and their approved contractor selection plans are in contravention of this Law, such contractor selection plans shall be adjusted to be compliant with this Law.

This Law was passed on November 29, 2024, by the 15^th National Assembly of the Socialist Republic of Vietnam at its 8^th session.-

Chairman of the National Assembly
TRAN THANH MAN