Decree No. 69/2019/ND-CP use of public property for making payment to investors in Build Transfer Contract

DECREE

Prescribing the use of public assets as payments to investors implementing work construction investment projects in the form of build-transfer contracts

Pursuant to the June 19, 2015 Law on Organization of the Government;

Pursuant to the November 26, 2013 Bidding Law;

Pursuant to the November 29, 2013 Land Law;

Pursuant to the June 18, 2014 Construction Law;

Pursuant to the June 18, 2014 Law on Public Investment;

Pursuant to the November 26, 2014 Investment Law;

Pursuant to the June 25, 2015 Law on the State Budget;

Pursuant to the June 21, 2017 Law on Management and Use of Public Assets;

At the proposal of the Minister of Finance,

The Government promulgates the Decree prescribing the use of public assets as payments to investors implementing work construction investment projects in the form of build-transfer contracts.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Decree prescribes the use of public assets as payments to investors implementing work construction investment projects in the form of build-transfer contracts (below referred to as BT projects) as prescribed by law.

2. Public assets used as payments to investors implementing BT projects include:

a/ Land areas.

b/ Land, houses and land-attached assets (below referred to as working offices) of state agencies, public non-business units, people’s armed forces units, agencies of the Communist Party of Vietnam, socio-political organizations, socio-politico-professional organizations, social organizations, socio-professional organizations, and other organizations established in accordance with the law on associations (below referred to as agencies, organizations and units).

c/ Infrastructure assets serving national interests and public interests (below referred to as infrastructure assets);

d/ Other public assets as prescribed by the Law on Management and Use of Public Assets.

3. In case of auction of public assets to pay for build-transfer (BT) contracts, the use of proceeds from the auction as payments to investors implementing BT projects must comply with the Law on Public Investment and Law on the State Budget and relevant guiding documents.

Article 2. Subjects of application

1. Competent state agencies signing BT contracts.

2. Agencies, organizations and units authorized by competent state agencies to sign BT contracts or assigned the tasks of investment preparation, negotiation, and signing and implementation of BT contracts (below referred to as authorized agencies).

3. Investors implementing BT contracts (below referred to as investors).

4. Other agencies, organizations and individuals involved in the implementation of BT projects.

Article 3. Principles of use of public assets as payments for BT projects

1. The use of public assets as payments to investors implementing BT projects must adhere to the following principles:

a/ Such use complies with the laws on management and use of public assets, land, the state budget, investment, and construction.

b/ Investors implementing BT projects shall be selected through open bidding in accordance with the bidding law.

c/ Such use is permitted by competent state agencies in accordance with law.