Decree 377/2026/ND-CP amend Decrees deailing Law on Investment in the Form of Public-Private Partnership

DECREE

Amending and supplementing a number of articles of Decrees detailing a number of articles of the Law on Investment in the Form of Public-Private Partnership

Pursuant to the Law on Organization of the Government No. 63/2025/QH15;

Pursuant to the Law on Investment in the Form of Public-Private Partnership No. 64/2020/QH14;

Pursuant to the 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 No. 57/2024/QH15;

Pursuant to the Law Amending and Supplementing a Number of Articles of the Bidding Law, Law on Investment in the Form of Public-Private Partnership, Law on Customs, Law on Value-Added Tax, Law on Export Duty and Import Duty, Law on Investment, Law on Public Investment, and the Law on Management and Use of Public Property No. 90/2025/QH15;

Pursuant to Resolution No. 254/2025/QH15 prescribing a number of mechanisms and policies for remove difficulties in the implementation of the Land Law;

At the proposal of the Minister of Finance;

The Government hereby promulgates the Decree amending and supplementing a number of articles of Decrees detailing a number of articles of the Law on Investment in the Form of Public-Private Partnership.

Chapter I

AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE GOVERNMENT'S DECREE NO. 180/2025/ND-CP DATED JULY 01, 2025, ON PUBLIC-PRIVATE PARTNERSHIP IN THE FIELDS OF SCIENCE, TECHNOLOGY, INNOVATION AND DIGITAL TRANSFORMATION DEVELOPMENT

Article 1. To amend Clause 1, Article 1

“1. This Decree prescribes the public-private partnership mechanisms and policies in science, technology, innovation and digital transformation activities.”.

Article 2. To amend Point a, Clause 4, Article 3

“a) For technologies and technology products that are at the basic research stage or are in the research and development stage but whose commercialization potential has not yet been determined, priority shall be given to forms of cooperation through ordering or funding in accordance with Article 22 of this Decree;”.

Article 3. To amend and supplement Point c, Clause 3, Article 7

“c) Where data is used for commercialization purposes, the data-managing agency may agree with the partner on data exploitation costs in accordance with the law on fees and charges in order to offset the costs of managing, maintaining, securing, and developing data infrastructure.

Where regulations on fee and charge rates or the collection and payment of fees and charges in the data sector are unavailable, the data-managing agency shall determine data exploitation costs based on the principles for determining fee and charge rates in accordance with the law on fees and charges. In this case, the parties shall agree in the contract or cooperation agreement on adjustment of the cost level for the remaining period if, after the contract is concluded, regulations on fee and charge rates or the collection and payment of fees and charges in the data sector are promulgated; no retrospective collection or refund shall be required for the period of the project contract already performed.”.

Article 4. To add Clause 5 after Clause 4, Article 11

“5. Mixed contracts specified in Clause 3 Article 45 of the Law on Investment in the Form of Public-Private Partnership may be applied to projects that require a combination of different types of contracts to suit the actual conditions of the projects and the characteristics and commercialization potential of the technologies.

A mixed contract may combine one or more types of contracts specified in Clauses 1, 2, 3 and 4 of this Article or other cooperation models in accordance with the law on science, technology and innovation, the law on data, and other relevant laws. The parties shall agree on the combination of contract types and cooperation models, management methods, and investment capital recovery plans.”.

Article 5. To amend Clause 4, Article 12

“4. Order and procedures for investment preparation, investor selection, contract conclusion and performance, and state management of PPP projects shall comply with the law on investment in the form of public-private partnership and this Decree. Technical matters, design requirements, cybersecurity and cyber safety requirements, and other matters specific to the information technology sector shall comply with the law on digital transformation and cybersecurity.”.

Article 6. To amend a number of clauses of Article 13

1. To amend Clause 1 as follows:

“1. Investor appointment in accordance with Article 39 of the Law on Investment in the Form of Public-Private Partnership and Article 55 of the Government’s Decree No. 243/2025/ND-CP of September 11, 2025, detailing a number of articles of the Law on Investment in the Form of Public-Private Partnership.”.

2. To amend Clause 2 as follows:

“2. Investor selection in special cases in accordance with Article 40 of the Law on Investment in the Form of Public-Private Partnership and Article 57 of the Government’s Decree No. 243/2025/ND-CP of September 11, 2025, detailing a number of articles of the Law on Investment in the Form of Public-Private Partnership.”.

Article 7. To amend and supplement a number of clauses of Article 14

1. To amend and supplement Clause 1 as follows:

“1. For projects for investment in, construction, operation, and commercial operation of science and technology infrastructure, the feasibility study report shall include:

a) The investment necessity; the project’s conformity with the overall plan on science, technology and innovation in accordance with the law on science, technology, innovation, and digital transformation;

b) Objectives; scale; location; schedule; project contract term; time of construction of works, for projects with construction components;

c) Description of the technical plan, applied technological solutions, and component projects (if any);

d) Type of PPP project contract; mechanism for sharing revenue shortfalls (if any);

dd) Total investment; plan for organization of operation, commercial operation, and service provision; proposed state capital in the project and the corresponding form of management and use thereof (if any); proposed other funding sources from the state budget (if any).”.

2. To amend Point a, Point b, Clause 2 as follows:

“a) Phasing of research, development, and commercialization of science and technology products into 2 stages, including the stage of performance of science and technology tasks and the stage of commercialization of the results of performance of science and technology tasks;

b) Preliminary description of the science and technology tasks in Stage 1 of the project, including objectives; principal contents and implementation methods; expected results and products; preliminary requirements regarding capacity, human resources, physical facilities and equipment; expected output effectiveness;”.

3. To amend Point c, Clause 4 as follows:

“c) Explanation of the requirements for the plan for management, operation and commercial operation of infrastructure facilities and systems; requirements for the quality of public products and services; demand for resources and human resources; total investment; financial plan; proposed other funding sources from the state budget (if any).”.

Article 8. To amend and supplement Clause 2, Article 17

“2. PPP projects involving the performance of science, technology and innovation tasks may be ordered or funded in part or in full from the state budget as specified in Article 22 of this Decree. Such funding shall not be included in the proportion of state capital participating in PPP projects specified in Clause 1 of this Article. Investors and PPP project enterprises shall organize the management and independent accounting of such funding separately from the state capital participating in PPP projects. Ordering or funding, payment, and finalization shall comply with the law on science, technology and innovation.”.

Article 9. To amend and supplement a number of clauses of Article 18

1. To amend Clause 2 as follows:

“2. For PPP projects involving investment in, construction, operation, and commercial operation of science and technology infrastructure, the contract shall include the contents specified in Article 62 of the Government’s Decree No. 243/2025/ND-CP of September 11, 2025, detailing a number of articles of the Law on Investment in the Form of Public-Private Partnership.”.

2. To amend and supplement Clause 3 as follows:

“3. For PPP projects combining investment in, construction, operation, and commercial operation of science and technology infrastructure with scientific research, technology development, innovation, and commercialization of scientific research and technology development results, competent agencies and investors shall select the contents appropriate to the provisions of Clause 2 of this Article, the contents related to scientific research and technology development activities specified in Clause 2, Article 14 of this Decree, and the following contents for negotiation and inclusion in the contracts:

a) Ownership rights, rights to use and exploit research results, data, software, models, algorithms, designs, technical know-how, intellectual property, and products created from the projects; responsibilities for confidentiality, data security, technology transfer, human resource training, operation, maintenance, and upgrading of products resulting from the performance of science and technology tasks;

b) Management, exploitation, sharing, leasing, transfer, or disposal of assets and data where PPP projects use public assets comprising data, shared infrastructure, or other public assets for the development, testing, and operation of strategic technology products, ensuring compliance with the laws on data, public assets, cybersecurity, protection of state secrets, intellectual property, and other relevant laws;

c) Management and exploitation of research results, data, software, models, algorithms, intellectual property, and shared infrastructure created from PPP projects;

d) Responsibilities for handover, maintenance, servicing, updating, confidentiality, and disposal of the assets and data specified at Point b or Point c of this Clause upon termination of PPP project contracts.”.

Article 10. To amend and supplement a number of clauses of Article 20

1. To amend Point a, Clause 2 as follows:

“a) Ministers, heads of central agencies, and Chairpersons of provincial-level People's Committees shall decide or delegate the authority to decide on approval of schemes concerning public assets at public non-business units under their management, except for the case specified at Point b of this Clause;”.

2. To amend Clause 6 as follows:

“6. Within 7 working days from the date of receipt of a complete and valid dossier, the agency or person competent to approve the scheme specified at Point a, Clause 2 of this Article shall decide to approve the scheme within its competence or issue a written request for completion of the scheme or a written decision not to approve the scheme. For schemes specified at Point b, Clause 2 of this Article, the head of the public non-business unit shall decide on approval of the scheme.”.

Chapter II

AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE GOVERNMENT'S DECREE NO. 243/2025/ND-CP DATED SEPTEMBER 11, 2025, DETAILING A NUMBER OF ARTICLES OF THE LAW ON INVESTMENT IN THE FORM OF PUBLIC-PRIVATE PARTNERSHIP

Article 11. To add Point d after Point c, Clause 3, Article 5

“d) In case of engagement of foreign consultants or a joint name of domestic and foreign consultants, or where no cost norms are available, the estimate of verification costs shall be prepared in accordance with the Government's regulations on the order and procedures for appraisal of nationally important projects and investment monitoring and evaluation.”.

Article 12. To amend Clause 2, Article 6

“2. Ministries, central agencies, other agencies, and provincial-level People's Committees shall issue decisions on delegating authority to agencies, organizations, and units under or attached to ministries, central agencies, other agencies, and provincial-level People's Committees; commune-level People's Committees; and public non-business units under the management of provincial-level People's Committees to act as competent agencies for any of the following projects:

a) PPP projects with a total investment equivalent to group-B or group-C projects as prescribed by the law on public investment;

b) Projects applying the O&M contract type;

For projects other than those specified at Points a and b of this Clause, ministries, central agencies, other agencies, and provincial-level People's Committees shall decide on delegating authority to agencies, organizations, and units under or attached to ministries, central agencies, other agencies, and provincial-level People's Committees; commune-level People's Committees; and public non-business units under the management of provincial-level People's Committees to act as competent agencies for each specific project.”.

Article 13. To amend Clause 4, Article 7

“4. For projects specified in Clause 3, Article 11 of the PPP Law for which procedures for deciding on investment policy are required, such procedures shall be carried out in accordance with Clause 3 of this Article. Ministers, heads of other agencies, provincial-level People's Councils, and provincial-level People's Committees shall be competent to decide on investment policy for projects in this case as prescribed in Clauses 3, 4 and 5, Article 12 of the PPP Law.”.

Article 14. To add Clause 6 after Clause 5, Article 10

“6. Where an Appraisal Council is established in accordance with Clause 2 of this Article, the standing agency of the Appraisal Council shall perform the responsibilities of the project appraisal unit specified in Clauses 4 and 5 of this Article.”.

Article 15. To amend Article 26

1. To amend Clause 1 as follows:

“1. Investors shall send written proposals on implementation of PPP projects to the competent agency according to the following procedures:

a) Investors shall submit written project proposals accompanied by documents clarifying the conditions for project selection in accordance with Clause 1, Article 26 of the PPP Law; legal dossiers and documents establishing their investor status; and other documents (if any);

b) Investors shall submit written proposals for implementation of PPP projects on the Vietnam National Electronic Procurement System according to the roadmap for application of online investor selection specified at Point a, Clause 1, Article 36 of this Decree. Pending implementation on the Vietnam National Electronic Procurement System, investors shall submit written proposals for implementation of PPP projects directly or by post to provincial-level Public Administrative Service Centers (for projects under the provincial-level People's Committees’ competence) or single-window sections of ministries, central agencies, or other agencies (for projects under the competence of ministries, central agencies, or other agencies).

For projects under the provincial-level People's Committees’ competence, the Departments of Finance shall receive investors' project proposal dossiers within 2 working days from the date the dossiers are submitted to provincial-level Public Administrative Service Centers.

For projects under the competence of ministries, central agencies, or other agencies, within 2 working days from the date of receipt of project proposal dossiers, the units in charge of the single-window sections shall report to the competent agencies for assignment of affiliated agencies or units to review the investors' project proposal dossiers.”.

2. To amend and supplement the first paragraph of Clause 2 as follows:

“2. Within 10 working days after receiving the investor’s written proposal, the competent agency shall preliminarily review the conditions for project selection under Clause 1, Article 26 of the PPP Law and other necessary matters, and reply in writing on approval or disapproval of the investor’s preparation of the prefeasibility study report or investment policy proposal report. The written approval of the investor’s project proposal must include the following contents:”.

Article 16. To amend Article 27

1. To amend Clause 1 as follows:

“1. The investors shall submit a written proposal of implementing PPP projects to the competent agencies according to the procedures specified in Clause 1, Article 26 of this Decree. In case of proposing the application of the project implementation procedures specified in Clause 4, Article 11 of the PPP Law, the investor shall give explanations about application grounds.”.

2. To amend Clause 2 as follows:

“2. Within 10 working days after receiving the investor’s written proposal, the competent agency shall preliminarily review the conditions for project selection under Clause 1, Article 26 of the PPP Law and other necessary matters, and reply in writing on approval or disapproval of the investor’s preparation of the feasibility study report. The written approval of the investor’s project proposal must include the contents specified in Clause 2, Article 26 of this Decree.”.

Article 17. To amend and supplement Point d, Clause 2, Article 28

“d) The competent agency shall organize the appraisal of the project proposal dossier under Points a, b and dd, Clause 1 and Clause 3, Article 22 of this Decree. The number of dossier sets for appraisal is specified in Clause 2, Article 21 of this Decree;”.

Article 18. To amend and supplement a number of clauses of Article 29

1. To amend Point b, Clause 4 as follows:

“b) The investor participating in the bidding for PPP projects and the consultancy contractor performing one of the consultancy jobs specified in Clauses 1 and 2 of this Article have no parent company-subsidiary relation from the time of distribution of bidding dossiers or from the time the consultancy contractor signs a contract on performance of consultancy jobs, whichever comes first;”.

2. To amend Clause 7 as follows:

“7. For projects applying the form of investor appointment under Clause 1, Article 39 of the PPP Law, or the form of investor selection in special cases as prescribed in Clause 1, Article 40 of the PPP Law, investors shall not be required to satisfy the competition assurance conditions specified at Point a, Clause 2, Clause 4 and Clause 5 of this Article.”.

Article 19. To add Clause 5 after Clause 4, Article 34

“5. For projects applying BT contracts without payment requirements, investors and PPP project enterprises shall provide contract performance security before the contracts take effect. The contract performance security amount shall be set at 1% of the total investment of the project.”.

Article 20. To amend and supplement Article 36

“Article 36. Roadmap for application of online investor selection

1. Roadmap for application of online investor selection:

a) From January 01, 2027: Submission of written PPP project proposals shall be carried out in accordance with Point a, Clause 1, Article 26 and Clause 1, Article 27 of this Decree on the Vietnam National Electronic Procurement System;

b) From September 01, 2027: Online investor selection shall be carried out for PPP projects subject to domestic open bidding on the Vietnam National Electronic Procurement System;

c) For PPP projects subject to competitive negotiation, investor appointment or investor selection in special cases, online investor selection is not applied, but it is required to disclose information on investor selection on the Vietnam National Electronic Procurement System under Clause 1, Article 9 of the PPP Law.

2. Procedures for online investor selection:

a) Online bid invitation and distribution of bidding dossiers;

b) Modification and clarification of E-BiDs;

c) Submission, modification, replacement and withdrawal of E-BDs;

d) Opening bids and evaluation of E-BDs;

dd) After evaluating E-BDs, the investor selection results shall be approved and publicized on the Vietnam National Electronic Procurement System;

e) For online selection of investors, if the investors make petitions on investor selection, they shall submit a petition on the Vietnam National Electronic Procurement System according to the roadmap specified in Clause 1 of this Article. During the period on which online selection of investors has not yet been applied, investors shall file petitions to the administrative departments of the persons competent to resolve petitions.

3. National database on investors on the Vietnam National Electronic Procurement System includes:

a) Information about investors’ legal status;

b) Information on the investors’ capacity, including financial statements or documents evidencing financial capacity (if any);

c) History of suspension or termination of investment activities of the investor in the province or centrally run city where the project is implemented (if any);

d) Information on the handling of violations of the law on investment in the form of public-private partnership by investors and project enterprises (if any);

dd) Information on the contract performance results by investors and project enterprises, including contract performance progress; contract violations, contract termination, and reasons therefor;

e) Other information on investors and project enterprises (if any).

4. The investors shall register on the Vietnam National Electronic Procurement System before the investor selection results are approved and posted, and regularly update and take responsibility for the accuracy of the information specified at Points a and b, Clause 3 of this Article. The order for registration and updating of the information about the investors performing PPP projects on the Vietnam National Electronic Procurement System shall be the same as those applicable to contractors under the Government's Decree detailing a number of articles and measures to implement the Bidding Law regarding investor selection.

5. The information specified at Points c and d, Clause 3 of this Article shall be published and updated on the Vietnam National Electronic Procurement System by Departments of Finance or agencies, organizations, or units assigned by Ministers, heads of central agencies or other agencies to perform state management tasks concerning investment activities in the PPP form.

6. The information specified at Point dd, Clause 3 of this Article shall be published and updated on the Vietnam National Electronic Procurement System by contracting agencies.

7. The national database on investors specified in Clause 3 of this Article shall be made publicly available on the Vietnam National Electronic Procurement System for investors to access and use in preparing bid dossiers, and shall serve as a basis for competent agencies to organize investor selection and supervise investor selection activities.”.

Article 21. To amend and supplement Point c, Clause 1, Article 42

“c) Environmental and safety standards, including requirements on plans on environmental protection and safety for investors in accordance with the law on environmental protection; priority given to investors proposing solutions to reduce waste generation and promote environmentally friendly products and services, and investors mobilizing loans from green finance sources or other lawful funding sources to serve environmental protection and green transition objectives in accordance with law; priority given to the transfer and application of strategic, advanced, high, new, and environmentally friendly technologies and best available techniques (for projects classified as posing a high risk of adverse environmental impacts in accordance with the law on environmental protection);”.

Article 22. To amend and supplement Clause 1, Article 43

“1. Financial and commercial evaluation shall be based on the comparison and ranking method as stated in bidding dossiers. A bidding dossier must specify one standard, several standards or a combination of standards on product prices and public service charges; state capital amount as support for the construction of infrastructure facilities and systems; social benefits and state benefits as specified at Points a, b and c, Clause 3, Article 42 of the PPP Law for comparison and ranking of investors that satisfy financial-commercial requirements.

For projects applying mixed contracts, the bidding dossier shall specify one or several evaluation standards, or a combination thereof, ensuring consistency with the contract type, financial plan, and investment capital recovery plan of the investor.”.

Article 23. To amend and supplement a number of points of Clause 3, Article 57

1. To amend and supplement Point b as follows:

“b) Projects requiring immediate implementation to ensure the connection and synchronicity of technical infrastructure among works of the projects as directed in resolutions of the National Assembly, the National Assembly Standing Committee and the Government; decisions, directives and notices of opinions of the Government’s leaders to meet requirements for synchronous and continuous management, exploitation and operation efficiency;”.

2. To amend and supplement Point d as follows:

“d) Projects in sectors or fields serving social order and safety assurance as prescribed in the law on public investment; projects not using state capital in the fields of healthcare, education, and environmental protection implemented in localities with difficult or particularly difficult socio-economic conditions according to the List of localities eligible for investment incentives under the law on investment.”.

Article 24. To amend and supplement a number of points and clauses of Article 62

1. To amend Points b and c, Clause 1 as follows:

“b) Scope and requirements on technique, technology and quality assessment indicators for infrastructure facilities and systems, and to-be-provided public products and services;

c) Total investment; structure of funding sources; financial option, including a financial arrangement plan and investment capital recovery plan; product prices and public service charge rates, including method and formula for formulating or adjusting them; state capital amount in the PPP project and corresponding form of management and use thereof (if any); payment deduction mechanism where investors or project enterprises (if any) fail to satisfy the requirements concerning quality assessment indicators for infrastructure facilities and systems, and public products and services (applicable to BTL and BLT contracts);”.

2. To add Clause 3 after Clause 2 as follows:

“3. The parties may negotiate and agree on the implementation of a mixed contract combining one or several contract types specified in Clauses 1, 2 and 2a, Article 45 of the PPP Law to suit the actual conditions, management methods, and investment capital recovery plan of the project. In this case, the basic contents of the mixed contract shall be negotiated and agreed upon by the parties on the basis of Clause 1 of this Article.”.

 Article 25. To add Point c after Point b, Clause 5, Article 64

 “c) For projects in the construction phase where investors have not yet commenced construction of infrastructure facilities and request conversion to the form of business investment, the competent agency shall report to the competent authority specified in Clause 2, Article 93 and Clause 3, Article 94 of the PPP Law for consideration and termination of the PPP project contract.

 The written approval of termination of the PPP project contract shall also serve as the document terminating the investment policy under the PPP form. The competent agency shall consider continuing implementation of the project in the form of business investment in accordance with the law on investment;”.

 Article 26. To amend Clause 4, Article 68

 “4. For projects applying BT contracts without payment requirements:

 a) After infrastructure facilities and systems have been accepted and qualified for being put into operation and use in accordance with the law on construction, the investor or project enterprise (if any) shall prepare a dossier of request for transfer of infrastructure facilities and systems under Clause 3, Article 60, and submit it to the contracting agency;

 b) The contracting agency shall sign the minutes of receipt of transferred assets and make a dossier for reporting to the competent agency for the latter to identify the agency or unit assigned to operate, commercially operate and maintain the infrastructure facilities and systems.

 Where quality inspection of the infrastructure facilities is necessary, the contracting agency may engage quality inspection consultants in accordance with Clause 3, Article 59 of the Law on Investment in the Form of Public-Private Partnership.

 c) Within 30 days after receiving the dossier of request, the contracting agency shall assume the prime responsibility for, and coordinate with the specialized state management agency in charge of assets, the finance agency, and other relevant agencies (if necessary) in, performing the following jobs:

 c1) Organizing the assessment of the quality, value, and condition of the BT project works in accordance with the principles and conditions agreed upon in the project contract;

 c2) Preparing a list of assets to be transferred;

 c3) Preparing minutes identifying any damage to the assets (if any) to request investors and project enterprises (if any) to repair and maintain the assets.

 d) Where the infrastructure facilities satisfy the requirements, the contracting agency shall sign the minutes of receipt of transferred assets.

 dd) At least 90 days before the date of acceptance of the completed infrastructure facilities as specified in the contract, the contracting agency shall prepare a plan for receipt of the infrastructure facilities and systems, covering the following contents:

 dd1) Reporting to the competent agency on the assignment of an agency or unit to manage, operate, and maintain the infrastructure facilities in accordance with Clause 2, Article 67 of this Decree;

 dd2) Coordinating with the agency or unit assigned to manage, operate, and maintain the infrastructure facilities in requesting the State Audit Office of Vietnam to audit the value of assets of the BT project without payment requirements, as a basis for recording an increase in assets in accordance with the law on management and use of public assets;

 dd3) Other contents.

 e) The assigned agency or unit shall manage, operate and exploit the infrastructure facilities.

 g) In case it is required to transfer one or more than one component or work item of PPP project works without payment requirement in accordance with law, the investor shall carry out the transfer of such components or work items in accordance with the relevant provisions of this Clause.”.

 Article 27. To amend and supplement a number of clauses of Article 72

 1. To amend Clause 2 as follows:

 “2. In addition to the monitoring responsibility specified in Clause 1 of this Article, contracting agencies shall ensure that investors and project enterprises (if any) fully perform their obligations and responsibilities under the signed contracts, and satisfy the requirements on projects’ schedule, quality and investment efficiency. To be specific:

 a) Supervising the quality of infrastructure facilities and systems in the course of construction under Clause 2, Article 59 of the PPP Law;

 b) Supervising the quality of products or public services provided by investors and project enterprises under Clauses 2 and 3, Article 66 of the PPP Law;

 c) Supervising the mobilization of investment capital for project implementation, including state capital, equity capital, and loans of investors and PPP project enterprises. Where necessary, the competent agency shall reach an agreement with investors and PPP project enterprises on engaging an independent audit firm to audit the financial statements of investors and project enterprises. The costs of engaging an independent audit firm specified at this Point shall be handled in the same manner as the costs of engaging quality inspection consultants specified in Clause 4 Article 59 of the PPP Law.”.

 2. To add Clauses 3 and 4 after Clause 2 as follows:

 “3. Departments of Finance or agencies, organizations, or units assigned by Ministers, heads of central agencies or other agencies to perform management tasks concerning investment activities in the PPP form (independent of bid solicitors and expert teams) shall supervise investor selection activities for the following projects:

 a) Projects subject to investor appointment specified in Article 55 of this Decree;

 b) Projects subject to investor selection in special cases as specified in Article 57 of this Decree;

 c) Projects other than those specified at Points a and b of this Clause for which the head of the competent agency decides to conduct supervision (if necessary).

 4. For projects specified in Clause 3 of this Article, in addition to the supervision contents prescribed by the Government's regulations on the processes and procedures for appraisal of nationally important projects and investment monitoring and evaluation, supervision shall cover the following:

 a) Status, progress, and results of the application of investor selection methods;

 b) Evaluation of the results of applying investor appointment and investor selection in special cases;

 c) Evaluation of the project implementation process by investors and project enterprises (if any), ensuring compliance with commitments under project contracts.”.

 Article 28. To amend and supplement a number of clauses of Article 75

 1. To amend Clause 1 as follows:

 “1. Within 10 working days after receiving the first investor's written proposal for project implementation, if the competent agency receives the written proposal for project implementation from another investor with the same project objective(s) and location while ensuring conformity with the master plan of the project:

 a) The competent shall assign its subordinate or affiliated agency, unit or organization to consider and evaluate criteria for project selection conditions under Clause 2, Article 26 or Clause 2, Article 27 of this Decree; technical and financial feasibility and socio-economic efficiency of the project; and project preparation capacity of the investor, and other relevant matters, in order to determine the investor to be assigned to prepare the prefeasibility study report or feasibility study report within 15 working days. Where necessary, it shall require investors that have submitted written proposals for project implementation to provide additional documents explaining their project implementation plans;

 b) Beyond the period of 10 working days after receiving the first investor's written proposal for project implementation, the competent agency may not accept written proposal for project implementation from another investor and return it in its original state to the investor.”

 2. To add Clauses 1a and 1b after Clause 1 as follows:

 “1a. For projects specified in Clause 4, Article 11 of the PPP Law, where an investor fails to satisfy the requirements concerning its ability to arrange capital, the project appraisal unit shall report to the competent agency on the disapproval of the project and return the project proposal dossier to the investor.

 1b. For investor-proposed projects, where the name of the investor proposing the project is changed, the investor after such change shall continue to exercise the rights, perform the obligations and responsibilities, and enjoy the incentives during the investor selection process. The provisions of this Clause shall not apply where the lead member of a joint-name investor is changed.”.

 Article 29. To amend and supplement Clause 13, Article 80

 “13. PPP project contracts signed before January 01, 2021, shall continue to be implemented under the project contract terms; when it is necessary to revise and supplement the project contract’s contents which are not regulated by the law at the time of signing or to revise or supplement the project contract to ensure the project’s efficiency, the parties may agree to revise or supplement the contract in accordance with the PPP Law (as amended and supplemented under Law No. 57/2024/QH15 and Law No. 90/2025/QH15), this Decree, and relevant laws effective at the time of contract revision or supplementation. The contract revision or supplementation to ensure the project's efficiency specified in this Clause shall be considered in any of the following cases:

 b) The project contract revision or supplementation expected to bring about higher financial and socio-economic benefits for the project;

 b) Continued performance of the contract without revision or supplementation would seriously affect the lawful rights and interests of any of the contracting parties;

 c) The project contract revision or supplementation brings about other benefits for the project as assessed by the contracting parties;

 d) For the cases specified at Points b and c of this Clause, the competent agency shall consider and decide on the revision or supplementation, ensuring that no additional state capital is required for the PPP project.”.

 Article 30. To amend and supplement Clauses 3 and 4, Article 82

 “3. When necessary, ministries and ministerial-level agencies shall, based on the specific conditions (if any) of the sectors and fields under their management, provide guidance on socio-economic efficiency indicators, the return-on-equity framework for investors, quality assessment indicators, and depreciation periods for infrastructure facilities and systems in the prefeasibility study reports, feasibility study reports; the project contracts’ contents and other necessary contents as directed by the Government and the Prime Minister.

 In case the guidance specified in this Clause is not available yet, the competent agencies shall organize the project preparation, investor selection, and signing and implementation of PPP project contracts in accordance with the PPP Law, this Decree and relevant laws.

 4. Ministers, heads of ministerial-level agencies and other agencies, chairpersons of People’s Committees of provinces and centrally-run cities shall, within their ambit of functions and powers, implement this Decree. Where ministries, central agencies, other agencies, or provincial-level People's Committees delegate authority to agencies, organizations, or units attached or subordinate to ministries, central agencies, other agencies, or provincial-level People's Committees; commune-level People's Committees; or public non-business units under the management of provincial-level People's Committees to act as competent agencies in accordance with Clause 2, Article 6 of this Decree, such ministries, central agencies, other agencies, or provincial-level People's Committees shall issue decisions on administrative procedures for implementation by the attached or subordinate agencies, organizations, and units.”.

 Article 31. To amend and replace Appendices to Decree No. 243/2025/ND-CP

 1. To replace Appendix I with Appendix I to this Decree.

 2. To replace Appendix II with Appendix II to this Decree.

 3. To amend Clause b, Section II.8, Form No. 01 provided in Appendix III as follows:

 “b) Legal grounds for the allocation of public investment capital in medium-term and annual public investment plans.”.

 Chapter III

 AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE GOVERNMENT’S DECREE NO. 257/2025/ND-CP DATED OCTOBER 08, 2025, DETAILING THE IMPLEMENTATION OF PROJECTS APPLYING BUILD-TRANSFER CONTRACTS

 Article 32. To amend Clause 3, Article 1

 “3. The financial management mechanism for projects and loan interest after the construction period applicable to BT projects with payment made in land funds shall be the same as those applicable to BT projects with payment made from the state budget in accordance with the Government’s regulations on the financial management mechanism for investment projects in the form of public-private partnership and the payment and finalization mechanism for projects applying BT contracts.”.

 Article 33. To add Clauses 6a after Clause 6, Article 3

 “6a. The value of BT project works shall include compensation, support, and resettlement expenses (if any); construction costs; equipment costs (if any); project management costs; construction consultancy costs; other costs; contingency costs; and interest on loans mobilized for investment. The determination of the above costs shall comply with the law on construction investment and relevant laws. Loan interest shall apply only to the portion of capital borrowed by investors; no interest shall be calculated on investors' equity. The value of BT project works with payment made in land funds shall exclude profits on investors' equity.”.

 Article 34. To amend and supplement a number of clauses of Article 4

 1. To amend Clause 5 as follows:

 “5. The competent agency shall carry out procedures for appraisal and approval of construction designs following approval of investment projects and cost estimates for BT project works (hereinafter referred to as construction designs and cost estimates) specified at Point c, Clause 1, Point c, Clause 2, Point b, Clause 3, and Point b, Clause 4 of this Article. These procedures shall be carried out concurrently with the investor selection process, provided that BT project contracts are signed on the basis of approved construction designs and cost estimates, except for projects specified in Clause 5a of this Article.”.

 2. To add Clause 5a after Clause 5 as follows:

 “5a. For BT projects with a total investment of VND 20,000 billion or more for which the competent authority approves construction designs and cost estimates for each work or work item under the project, or BT projects involving complex work items with high requirements for design, aesthetics, or new technologies, or difficult construction conditions requiring the application of special cost norms, unit prices, or investment capital rates determined in accordance with the law on construction, the competent agency and the BT project investor may sign the contract on the basis of the total investment specified in the project approval decision.

 After the construction designs and cost estimates for works or work items under the BT project are approved in accordance with the law on construction, the competent agency and the BT project investor shall sign a contract appendix to update the value of the BT project works, ensuring that it does not exceed the approved total investment.”.

 3. To amend Clause 6 as follows:

 “6. Where BT projects specified in Clauses 3 and 4 of this Article require procedures for deciding on investment policy, the preparation and appraisal of investment policy proposal reports and decisions on investment policy shall comply with Point a, Clause 2 of this Article. The competence to decide on investment policy for BT projects in this case shall be the same as that applicable to BT projects with payment made from the state budget.”.

 Article 35. To amend and supplement a number of points and clauses of Article 5

 1. To amend Point c, Clause 3 as follows:

 “c) Preliminary design plan in accordance with the law on construction; preliminary explanation of technical and technological plans; preliminary plan for investment phasing and division of the project into component projects (if any) in accordance with the Law on Investment in the Form of Public-Private Partnership and the law on construction;”.

 2. To amend Point d, Clause 7 as follows:

 “d) Proposed type of BT project contract and corresponding payment method, including the contents specified at Point e, Clause 3 or Clause 4 of this Article;”.

 Article 36. To amend and supplement a number of points and clauses of Article 6

 1. To amend and supplement Point d, Clause 3 as follows:

 “d) The estimated value of the land fund used for payment shall be determined as follows:

 For the land fund area subject to land allocation by the State:

 The estimated value of the land fund used for payment shall equal (=) the area subject to land use levy multiplied by (×) the land price for the new land use purpose specified in the land price table issued in accordance with the land law, multiplied by (×) the land price adjustment coefficient prescribed by the land law.

 For the land fund area subject to land lease by the State:

 The estimated value of the land fund used for payment shall equal (=) the area subject to land rental multiplied by (×) the land price for the new land use purpose specified in the land price table issued in accordance with the land law, multiplied by (×) the land price adjustment coefficient prescribed by the land law.

 Where the area subject to land use levy or land rental has not yet been determined, the estimated value of the land fund used for payment shall be determined based on the entire land fund area.

 The competent agency or the investor proposing the project shall coordinate with the provincial-level agency in charge of state management of land in deciding on the application of a land price adjustment coefficient, ensuring its consistency with market fluctuations, master plans, and other factors affecting local land prices;”.

 2. To add Clause 8 after Clause 7 as follows:

 “8. After the investment policy for a BT project is decided, the project is approved, or the investment policy decision or project approval decision is adjusted, the competent agency shall assign the commune-level People's Committee of the locality where land is expected to be recovered to form the land fund intended for payment to the investor implementing the BT project to disclose information or adjusted information (if any) on the location and area of the land fund intended for payment at the headquarters of the commune-level People's Committee, except where such information constitutes state secrets, national defense or security secrets, or where disclosure is prohibited by law.”.

 Article 37. To amend and supplement a number of clauses of Article 8

 1. To add Clause 4a after Clause 4 as follows:

 “4a. Where a component project is a BT project, the feasibility study report or techno-economic report on construction investment shall be prepared, appraised, and approved according to the order and procedures specified in this Decree.”.

 2. To amend Point d, Clause 7 as follows:

 “d) Type of BT project contract and corresponding payment method, including the contents specified at Point g, Clause 2 or Clause 3 of this Article;”.

 3. To amend Clause 8 as follows:

 “8. For BT projects not subject to investment policy decisions that are implemented in two or more provincial-level administrative units, or projects under the management of ministries, central agencies, other agencies, and provincial-level People's Committees, before carrying out project approval procedures in accordance with Clauses 1, 2, 3, 4, 5, 6 and 7 of this Article, the agencies and provincial-level People's Committees shall consult and reach agreement on project implementation regarding the contents specified in Clause 8, Article 5 of this Decree.”.

 Article 38. To amend Point d and Point dd, Clause 4, Article 9

 “d) Projects requiring immediate implementation to ensure the connection and synchronicity of technical infrastructure among works of the projects as directed in resolutions of the National Assembly, the National Assembly Standing Committee and the Government; decisions, directives and notices of opinions of the Government’s leaders to meet requirements for synchronous and continuous management, exploitation and operation efficiency;

 dd) Projects in sectors or fields serving social order and safety assurance as prescribed in the law on public investment; projects not using state capital in the fields of healthcare, education, and environmental protection implemented in localities with difficult or particularly difficult socio-economic conditions according to the List of localities eligible for investment incentives under the law on investment.”.

 Article 39. To amend and supplement Article 16

 1. To amend Clause 3 as follows:

 “3. For projects with total investment equivalent to Group A or Group B projects in accordance with the law on public investment, the competent agency shall consider and decide whether to apply the lump-sum payment method specified in Clause 2 of this Article or the method of payment in land funds in multiple installments corresponding to the percentage (%) of the accepted volume of BT project works or the accepted value of completed work items.

 Where payment in land funds is made in multiple installments corresponding to the percentage (%) of the accepted volume of BT project works, the parties shall agree in the contract on the percentage (%) of the accepted volume of BT project works for each payment installment, the number of installments, the payment schedule, and the area of the land fund expected to be used for each payment installment corresponding to the percentage (%) of the accepted volume of BT project works.

 Where payment in land funds is made in multiple installments corresponding to the accepted value of completed work items, the parties shall agree in the contract on the work items, the value of each work item, the number of installments, the payment schedule, the milestones for completion of the work items, and the area of the land fund expected to be used for payment corresponding to such work items.”.

 2. To amend the first paragraph and Point a, Clause 4 as follows:

 “4. For independent BT projects with a total investment of VND 20,000 billion or more, or component BT projects of projects with a total investment of VND 20,000 billion or more, or related BT projects closely connected with nationally important projects or national key projects under Resolutions of the National Assembly or the Government, after the project contracts are signed, investors and project enterprises (if any) may receive payment of the entire land fund in a single installment or according to the land clearance progress of the land fund, thereby facilitating investors' mobilization of investment resources for construction of project works to ensure connectivity and synchronized infrastructure exploitation. The order and procedures for land allocation or lease to investors and project enterprises (if any) shall comply with the land law.

 The land fund used for payment must satisfy the conditions for land allocation or land lease in accordance with the land law. Investors and project enterprises shall submit to the competent agency a guarantee issued by a commercial bank, deposit money into an escrow account opened by the competent agency at a bank or the State Treasury, or use a combination of both forms. The value of the guarantee, the amount deposited into the escrow account, or the total value of the guarantee and the amount deposited into the escrow account must be at least equal to the value of the BT project works specified at Point a of this Clause, ensuring that the bank guarantee or escrow account takes effect before the competent agency allocates the land fund used for payment to the investor.

 The competent agency shall assign the contracting agency to negotiate and finalize the contract with the investor based on the principal contents of PPP project contracts prescribed by the Government's regulations detailing a number of articles of the Law on Investment in the Form of Public-Private Partnership, Points a, c and d Clause 1 of this Article, and the following contents:

 a) The value of the BT project works at the time of land allocation to the investor or project enterprise (if any) shall be the value of the BT project works specified in the decision approving the cost estimate for the BT works (hereinafter referred to as the value of the BT project works under the decision approving the cost estimate for the BT works), including construction costs; equipment costs (if any); project management costs; construction consultancy costs; other costs; contingency costs; compensation, support, and resettlement costs of the BT project advanced by the investor or project enterprise (if any); and interest on loans mobilized for investment.

 The determination of the value of the BT project works specified at this Point shall adhere to the principle that the total investment must not increase throughout the effective term of the BT contract. The finalized value of the BT project works shall not exceed the value of the BT project works specified at this Point;”.

 3. To add Point b1 after Point b, Clause 4 as follows:

 “b1) Investors and project enterprises (if any) may have the value of the guarantee or the amount deposited in the escrow account reduced by an amount corresponding to the accepted value of completed BT project works.”.

 Article 40. To amend Point c, Clause 1, Article 19

 “c) The time for determining the land price for the land area used for payment under a BT contract shall be the time when the State decides on land allocation or land lease. Once determined, the value of the land fund used for payment shall remain unchanged from that time, specifically:

 Where the State allocates land with land use levy payment, the value of the land fund used for payment shall be the land use levy payable for the land area used for payment, determined in accordance with the land law.

 Where the State leases land, the value of the land fund used for payment shall be the land rental payable in a lump sum for the entire lease term for the land area used for payment, determined in accordance with the land law.

 Where the land fund used for payment includes land areas eligible for exemption from or reduction of land use levy or land rental, the value of the land fund used for payment to the investor shall exclude the amount of land use levy or land rental exempted or reduced in accordance with the land law.

 Where the land fund used for payment includes land areas for the construction of social, healthcare, education and training, cultural, physical training and sports facilities, specialized green spaces, and other works eligible for incentives for socialization, the investor may choose to pay land rental annually, and the land rental for such land areas shall not be included in the value of the land fund used for payment. The investor shall pay annual land rental for such land areas into the state budget in accordance with the land law.

 Where the State delays land allocation or land lease for payment, the investor shall be entitled to an additional amount calculated at the average interest rate of commercial banks organized as joint stock companies in which the State holds more than 50% of charter capital, applied to the value of the accepted work items or works. The period for calculating such additional amount shall run from the date of acceptance testing upon completion of work items or BT project works to the date of issuance of the land allocation or land lease decision;”.

 Article 41. To amend Point a, Clause 3, Article 23

 “a) Where the accepted value or the accepted value of completed BT project work items is lower than the actual value of the land fund used for payment, the investor or project enterprise (if any) shall pay the actual difference into the state budget at each payment installment.”.

 Article 42. To add Clause 3 to Article 29

 “3. Every 3 months, the contracting agency shall report to the competent authority on the progress of construction of infrastructure facilities and systems under the signed contract; land use, land clearance, compensation, support, resettlement, compliance with the law on environmental protection, safety of irrigation works and dikes, natural disaster prevention and control, monitoring and supervision activities, and contract breaches (if any); arising difficulties and problems (if any) and solutions thereto, to ensure that investors and project enterprises fulfill their commitments concerning the progress of construction, payment, and transfer of BT project works.”.

Article 43. To amend Clauses 1 and 2, Article 30

“1. After the BT project works have been accepted and qualified for being put into operation and use in accordance with the law on construction, the investor or project enterprise (if any) shall prepare a dossier of request for transfer of the BT project works and submit it to the contracting agency. The dossier of request for transfer of the works shall comply with the Government’s regulations detailing a number of articles of the Law on Investment in the Form of Public-Private Partnership.

2. The contracting agency shall sign the minutes of receipt of transferred assets and make a dossier for reporting to the competent agency for the latter to identify the agency or unit assigned to operate, commercially operate and maintain the BT project works.

Where quality inspection of the BT project works is necessary, the contracting agency may engage quality inspection consultants in accordance with Clause 3, Article 59 of the Law on Investment in the Form of Public-Private Partnership.”.

Article 44. To replace a number of phrases of Decree No. 257/2025/ND-CP

1. To replace the phrase “total investment of BT project works” in Articles 5, 6, 8, 12, 16, 18 and 20 with the phrase “total investment of BT projects”.

2. To replace the phrase “technical designs (in the case of three-step design) or construction drawing designs (in the case of two-step design) and cost estimates” at Point c, Clause 1, Point c, Clause 2, Point b, Clause 3, and Point b, Clause 4, Article 4, and Point e, Clause 2, Point c, Clause 3, and Point e, Clause 4, Article 10 with the phrase “construction designs and cost estimates”.

Chapter IV

AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE GOVERNMENT'S DECREE NO. 312/2025/ND-CP DATED DECEMBER 06, 2025, PROVIDING THE FINANCIAL MANAGEMENT MECHANISM APPLICABLE TO INVESTMENT PROJECTS IN THE FORM OF PUBLIC-PRIVATE PARTNERSHIP, AND THE PAYMENT AND FINALIZATION MECHANISM FOR PROJECTS APPLYING BT CONTRACTS

Article 45. To add Point d after Point c, Clause 1, Article 33

“d) For BT projects combining payment in land funds and payment from the state budget: The period for allocation of public investment capital and state budget funds collected from auctions of land funds and public assets to pay for project work items funded from the state budget, calculated from the date such work items are completed and handed over to the State, shall not exceed 3 years for work items with a value equivalent to the scale of Group A projects, 2 years for work items with a value equivalent to the scale of Group B projects, and 1 year for work items with a value equivalent to the scale of Group C projects in accordance with the law on public investment.”.

Article 46. To add Clause 5 after Clause 4, Article 35

“5. For BT projects without payment requirements, the following provisions shall apply:

a) The time limit for preparing dossiers for finalization of investment capital for infrastructure facilities and systems of BT projects without payment requirements shall comply with Clause 4, Article 24 of this Decree.

b) The agency signing PPP project contract and investor or PPP project enterprise (in case of establishment of project enterprises) shall reach an agreement on selection of independent audit firm that is capable and experienced to audit investment costs of infrastructure facilities and systems under Clause 3, Article 60 of the PPP Law.

c) The PPP project enterprise or investor (where no project enterprise is established) shall prepare and submit one set of dossiers for finalization of investment capital for completed PPP project infrastructure facilities and systems, comprising:

A written request for approval of the finalization value of investment capital for completed infrastructure facilities and systems, made by the PPP project enterprise or investor (original). A document clearly stating the agreed contents, inconsistencies and reasons for inconsistency between the PPP project enterprise or investor and the auditing agency or unit.

An audit report issued by the State Audit Office of Vietnam or an independent audit firm on the investment capital for completed PPP project infrastructure facilities and systems (certified copy or copy from the original register).

Inspection conclusions issued by inspection agencies, inspection records issued by examining agencies, and investigation results of competent state agencies where the PPP project enterprise or investor violates the law and is investigated by the competent state agency (certified copies or copies from the original register) (if any).

A report on compliance with audit reports, inspection conclusions, and inspection records, made by the PPP project enterprise or investor (original).

d) Based on the dossier provided by the PPP project enterprise or investor in accordance with Point c of this Clause, the PPP project contracting agency shall review and approve the finalization of investment capital for completed PPP project infrastructure facilities and systems (Form No. 08) within 1 month from the date of receipt of the complete dossier provided by the PPP project enterprise or investor as prescribed.

dd) Where dossiers are submitted electronically, all dossier components must bear digital signatures in accordance with regulations.”.

Article 47. To add Point dd after Point d, Clause 5, Article 44

“dd) For BT project contracts signed under the transitional provisions specified at Point b, Clause 5, Article 101 of the PPP Law by the effective date of this Decree, the finalization of investment capital for completed BT projects shall comply with Point d of this Clause.”.

Article 48. To replace phrases of Decree No. 312/2025/ND-CP

To replace the phrase “copy certified as true to the original” in Clause 3, Article 20, Clause 4, Article 21, Clause 5, Article 29, and Clause 3, Article 34, and the phrase “copy bearing a stamp certifying it as true to the original” in Clauses 2, 3 and 5, Article 25 and Clause 4, Article 27 with the phrase “certified copy or copy from the original register”.

Chapter V

IMPLEMENTATION PROVISIONS

Article 49. Transitional provisions

1. For Decree No. 180/2025/ND-CP, Decree No. 243/2025/ND-CP, and Decree No. 257/2025/ND-CP:

a) PPP projects for which investment policies have been decided by the competent authority but which have not yet been approved by the effective date of this Decree may have their investment policies reviewed and adjusted, and procedures for preparation and appraisal of feasibility study reports and project approval shall be carried out in accordance with this Decree;

b) PPP projects for which investment policies have been decided and project approval has been granted by competent authorities but, by the effective date of this Decree, for which bidding dossiers or dossiers of requirements have not yet been issued, or for which bidding dossiers or dossiers of requirements have been issued but no investor has been selected, may have their investment policies reviewed and adjusted or their feasibility study reports adjusted to apply the provisions of this Decree;

c) For projects proposed by multiple investors, where agencies, units, or organizations attached or subordinate to competent agencies are developing criteria for selecting the most feasible and efficient project proposal dossier but such selection criteria have not yet been approved by the effective date of this Decree, the competent agencies shall consider approving the criteria as a basis for investor selection or applying the provisions of this Decree to determine the investor to be assigned to prepare the prefeasibility study report or feasibility study report;

d) For PPP projects for which bidding dossiers are being prepared or appraised, or dossiers of requirements are being prepared, but such dossiers have not yet been approved by the effective date of this Decree, or have been approved but not yet issued, bid solicitors shall organize the preparation or modification of bidding dossiers or dossiers of requirements in accordance with this Decree, provided that such preparation or modification does not result in adjustments to the approved investment policies and feasibility study reports;

dd) For PPP projects for which bidding dossiers or dossiers of requirements have been issued but bids have not yet been opened by the effective date of this Decree, bid solicitors shall report to competent persons for consideration of whether to proceed with bid opening and evaluation of bid dossiers and dossiers of proposals based on the issued dossiers, or to extend the bid closing time to amend and supplement bidding dossiers or dossiers of requirements in accordance with this Decree, provided that such amendments and supplements do not result in adjustments to the approved investment policies and feasibility study reports;

e) For projects of which the investor selection results have been approved, if by the effective date of this Decree the contract negotiation, finalization and conclusion have not yet been conducted, competent agencies shall organize negotiation, finalization, conclusion and management of the contract performance based on the investor selection results, bid dossiers, dossiers of proposals, bidding dossiers, and dossiers of requirements that have been issued, and detailing and guiding documents;

g) PPP project contracts signed under Decree No. 180/2025/ND-CP, Decree No. 243/2025/ND-CP, and Decree No. 257/2025/ND-CP before the effective date of this Decree shall continue to be implemented. In case it is necessary to modify or supplement the contract but the law applicable at the time of contract conclusion has no provisions thereon, the concerned parties may agree on modifications and supplements under the Law on Investment in the Form of Public-Private Partnership (as amended and supplemented under Law No. 57/2024/QH15 and Law No. 90/2025/QH15), this Decree and relevant laws in effect at the time of contract modification or supplementation;

h) Pending the effective date or pending the amendment or supplementation of guiding documents for this Decree, related organizations and individuals may apply guiding documents detailing the Law on Investment in the Form of Public-Private Partnership (as amended and supplemented under Law No. 57/2024/QH15 and Decree No. 90/2024/ND-CP), and Decree No. 180/2024/ND-CP, Decree No. 243/2025/ND-CP, Decree No. 257/2025/ND-CP to formulate, modify and supplement bidding dossiers, dossiers of requirements and relevant dossiers and documents during the investment preparation and investor selection for implementation of PPP projects in accordance with the Law on Investment in the Form of Public-Private Partnership (as amended and supplemented under Law No. 57/2024/QH15 and Decree No. 90/2024/ND-CP) and this Decree;

2. For Decree No. 312/2025/ND-CP:

a) For BT projects combining payment in land funds and payment from the state budget for which BT contracts were signed before the effective date of this Decree, the period for allocation of state budget funds for payment to investors and project enterprises (if any) shall comply with the signed BT contracts. Where it is necessary to amend or supplement the period for allocation of state budget funds, the parties may make such amendments or supplements in accordance with this Decree, ensuring that they do not result in an increase in the state budget funds or the value of the land fund payable to project enterprises and investors as specified in the signed BT contracts;

b) For BT project contracts without payment requirements signed before the effective date of this Decree, where dossiers for finalization of investment capital for completed BT projects have not yet been submitted to the agencies in charge of verification in accordance with Decree No. 312/2025/ND-CP, the provisions of this Decree shall apply.

3. For BT projects using public assets for payment to investors under BT contracts signed before January 15, 2025 (except for BT projects applying the provisions of Resolution No. 16/2026/NQ-CP dated April 07, 2026, providing mechanisms and policies for resolving difficulties and problems concerning investment projects in the form of Build-Transfer contracts), the following transitional provisions shall apply:

a) For projects under BT contracts signed before October 01, 2019, payment under BT contracts shall comply with the transitional provisions specified in Article 17 of the Government’s Decree No. 69/2019/ND-CP dated August 15, 2019, prescribing the use of public assets as payments to investors implementing work construction investment projects in the form of build-transfer contracts (as amended and supplemented under the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021);

b) For projects under BT contracts signed on or after October 01, 2019, in accordance with the Government’s Decree No. 69/2019/ND-CP dated August 15, 2019 (as amended and supplemented under the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021), the contracts shall continue to be performed and payments shall continue to be made to investors in accordance with the signed contracts and the laws in force at the time of contract signing.

Article 50. Effect

1. This Decree takes effect from October 01, 2026.

2. The Government’s Decree No. 69/2019/ND-CP dated August 15, 2019, prescribing the use of public assets as payments to investors implementing work construction investment projects in the form of build-transfer contracts, is hereby repealed.

3. Ministers, heads of ministerial-level agencies, chairpersons of People’s Committees of provinces and cities shall, within their ambit of functions and powers, guide and implement this Decree.