Decree No. 15/2015/ND-CP dated February 14, 2015 of the Government on investment in the form of public-private partnership

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Decree No. 15/2015/ND-CP dated February 14, 2015 of the Government on investment in the form of public-private partnership
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Official number:15/2015/ND-CPSigner:Nguyen Tan Dung
Type:DecreeExpiry date:
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Issuing date:14/02/2015Effect status:
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Fields:Investment

SUMMARY

THE RATIO OF EQUITY OF AN INVESTOR’S PUBLIC-PRIVATE PARTNERSHIP

In accordance with the Decree No. 15/2015/ND-CP dated February 14, 2015 of the Government On investment in the form of public-private partnership. The ratio of equity of an investor must not be lower than 15% of the total investment capital. For a project capitalized at over VND 1,500 billion, the equity ratio shall be determined on the principle of partial progress.

Besides, the Decree also prescribes the Conditions for projects to be selected with the public-private partnership form. Accordingly, A project to be selected for implementation in the form of public-private partnership must fully satisfy the following conditions to be in line with the development master plan and plan of the sector or region and local socio-economic development plan; to be suitable to the investment field; to be capable of attracting and receiving commercial capital, technologies and management experience of investors; to be capable of providing quality products or services in a continuous and stable manner to meet user demands; and to have a total investment capital of at least VND 20 billion, except investment projects under O&M contracts and projects as agricultural and rural infrastructure facilities and services to develop connection between production and processing and consumption of agricultural products.

Similarly, projects proposed by investors must have a total investment capital of at least VND 20 billion; be suitable to the investment field; to be capable of attracting and receiving commercial capital, technologies and management experience of investors……. and investors being state enterprises enter into partnerships with other enterprises for proposing projects.

Also in accordance with this Decree, investors shall be selected in the form of open bidding or contractor appointment; investors may enjoy incentives in the course of bidding for investor selection when having feasibility study reports or project proposals (for group-C projects) approved by ministries, sectors or provincial-level People’s Committees.

This Decree takes effect on April 10, 2015.
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Effect status: Known

THE GOVERNMENT

 
No. 15/2015/ND-CP
THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
 
Hanoi, February 14, 2015
 
 
DECREE
On investment in the form of
public-private partnership
[1]
Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the November 26, 2014 Law on Investment;
Pursuant to the June 18, 2014 Law on Public Investment;
Pursuant to the November 26, 2013 Law on Bidding;
Pursuant to the June 18, 2014 Law on Construction;
Pursuant to the June 17, 2009 Law on Management of Public Debts;
At the proposal of the Minister of Planning and Investment,
The Government promulgates the Decree on investment in the form of public-private partnership.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
This Decree prescribes fields, conditions and procedures for implementation of investment projects in the form of public-private partnership; the mechanism for management and use of the State’s investment capital in the implementation of projects; policies on investment incentives and assurance and state management responsibility for investment projects in the form of public-private partnership.
Article 2. Subjects of application
This Decree applies to competent state agencies, investors, project enterprises, lenders and agencies, organizations and individuals involved in the implementation of investment projects in the form of public-private partnership.
Article 3. Interpretation of terms
In this Decree, the terms below are construed as follows:
1. Investment in the form of public-private partnership (PPP) means a form of investment implemented under a contract between a competent state agency and an investor or a project enterprise for implementation, management and operation of a project on development of infrastructure or provision of public service.
2. Project contract means a contract specified in Clause 3, 4, 5, 6, 7, 8 or 9 of this Article or a similar contract specified in Clause 3, Article 32 of this Decree.
3. Build-operate-transfer contract (BOT contract) means a contract signed between a competent state agency and an investor to build an infrastructure facility. Upon the completion of the facility, the investor has the right to operate it for a specified duration. Upon the expiration of this duration, the investor shall transfer such facility to the competent state agency.
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[1] Công Báo Nos 295-296 (05/3/2015)
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