Directive 30/CT-TTg 2021 intensifying the implementation of legal documents on investment in the form of PPP and bidding for investor selection

DIRECTIVE

On intensifying the implementation of legal documents on investment in the form of public-private partnership and bidding for investor selection^[1]

The Law on Investment in the Form of Public-Private Partnership (below referred to as PPP Law) was passed by the XIV^th National Assembly at its 9^th session (and came into force on January 1, 2021). In furtherance of the PPP Law, the Government promulgated Decree No. 35/2021/ND-CP of March 29, 2021, detailing and guiding the PPP Law (below referred to as Decree No. 35/2021/ND-CP). Besides, the Government promulgated Decree No. 31/2021/ND-CP of March 26, 2021, detailing and guiding the implementation of a number of articles of the 2020 Law on Investment (below referred to as Decree No. 31/2021/ND-CP) which contain provisions revising a number of articles of the Government’s Decree No. 25/2020/ND-CP of February 28, 2020, detailing a number of articles of the Bidding Law regarding investor selection (below referred to as Decree No. 25/2020/ND-CP).

Over the past time, the promulgation of the above-mentioned legal documents, together with the implementation of other relevant legal documents, has created a consistent and stable legal framework of high validity to attract investment from the private sector in projects on socio-economic infrastructure development and public service provision, especially projects on construction of transport infrastructure facilities, energy generation, urban infrastructure, wastewater treatment, and waste disposal, etc.; and at the same time, enhanced transparency, competitiveness and economic efficiency in selection of investors to implement land-using investment projects, as well as the efficiency of use of land resources.

However, the implementation of legal documents on investment in the form of public-private partnership (PPP) and bidding for investor selection still reveals some limitations. Regulations on bidding for investor selection in a number of specialized sectors are not promptly issued; the formulation, approval, and publicization of lists of land-using investment projects under Decree No. 25/2020/ND-CP are not carried out in a positive, prompt and effective manner in consistency with relevant master plans and lists of projects subject to land recovery by the State, resulting in confusion and difficulties in determination of the form of investor selection and performance of procedures for approval of investment policy; some ministries, sectors and localities still fail to determinedly organize online bidding according to the roadmap specified in the Government’s Resolution No. 01/NQ-CP of January 1, 2021; public information and awareness raising work remains ineffective, leading to failure to reach high consensus and unified understanding and application of the model of investment project in the form of PPP and bidding for selection of investors to implement land-using projects, projects of specialized sectors, and socialized projects.