Law 90/2025/QH15 Amending Bidding, Investment, Customs, and Tax Laws 2025

LAW

Amending and Supplementing a Number of Articles of the Bidding Law, the Law on Investment in the Form of Public-Private Partnership, the Customs Law, the Law on Value-Added Tax, the Law on Import Duty and Export Duty, the Law on Investment, the Law on Public Investment, and the Law on Management and Use of Public Property^[1]

Pursuant to the Constitution of the Socialist Republic of Vietnam, which has a number of articles amended and supplemented under Resolution No. 203/2025/QH15;

The National Assembly promulgates the Law Amending and Supplementing a Number of Articles of Bidding Law No. 22/2023/QH15, which has a number of articles amended and supplemented under Law No. 57/2024/QH15; Law No. 64/2020/QH14 on Investment in the Form of Public-Private Partnership, which has a number of articles amended and supplemented under Law No. 03/2022/QH15, Law No. 28/2023/QH15, Law No. 35/2024/QH15, and Law No. 57/2024/QH15; Customs Law No. 54/2014/QH13, which has a number of articles amended and supplemented under Law No. 71/2014/QH13, Law No. 35/2018/QH14, and Law No. 07/2022/QH15; Law No. 48/2024/QH15 on Value-Added Tax; Law No. 107/2016/QH13 on Import Duty and Export Duty; 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, Law No. 43/2024/QH15, and Law No. 57/2024/QH15; Law No. 58/2024/QH15 on Public Investment; and Law No. 15/2017/QH14 on Management and Use of Public Property, which has a number of articles amended and supplemented under Law No. 64/2020/QH14, Law No. 07/2022/QH15, Law No. 24/2023/QH15, Law No. 31/2024/QH15, Law No. 43/2024/QH15, and Law No. 56/2024/QH15.

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

1. To amend and supplement or annul a number of clauses of Article 2 as follows:

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

“1. Contractor selection by agencies, organizations and individuals using state budget funds in accordance with the Law on the State Budget, and capital from lawful revenues of state agencies and public non-business units, except the cases specified in Clauses 7, 8 and 9, Article 3 of this Law, for:”;

b/ To annul Clause 2;

c/ To amend and supplement Clause 4 as follows:

“4. Organizations and individuals engaged in bidding activities other than those specified in Clauses 1 and 3 of this Article may, at their own discretion, decide to apply all or some specific articles, clauses or points of this Law.”.

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

a/ To amend and supplement Clause 1 as follows:

“1. Bidding activities regulated by this Law must comply with this Law and other relevant laws. In case there are different provisions on bidding between this Law and other laws promulgated before the effective date of this Law, the provisions of this Law shall prevail, except the cases specified in Clauses 2 thru 9 of this Article.”;

b/ To amend and supplement the first paragraph of Clause 7 as follows:

“7. Agencies, organizations and enterprises may, at their own discretion, decide on procurement on the basis of ensuring publicity, transparency, efficiency and accountability in the following cases:”;

c/ To amend and supplement Point d, and add Point d1 below Point d, Clause 7 as follows:

“d/ Contractor selection by state enterprises that do not use state budget funds; public non-business units that self-cover recurrent expenditures and investment expenditures; and public non-business units that self-cover recurrent expenditures without using state budget funds;

d1/ Selection of contractors to implement bidding packages under the business investment projects specified in Clause 3, Article 2 of this Law; selection of contractors to provide goods, consultancy services and non-consultancy services directly serving bidding packages for which public non-business units have signed contracts;”;

d/ To add Clauses 8 and 9 below Clause 7 as follows:

“8. For the amounts of lump-sum funding for science, technology and innovation tasks wholly or partly funded by the state budget, the organizations or individuals in charge of science, technology and innovation tasks may, at their own discretion, decide on the selection of contractors to provide goods and services for the performance of science, technology and innovation tasks.

9. For the procurement of goods and services for the performance of science, technology and innovation tasks in the field of agriculture, forestry and fisheries directly from households or individuals, organizations or individuals in charge of science, technology and innovation tasks shall directly purchase goods and services from such households or individuals.”.

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

a/ To amend and supplement Clause 1 as follows:

“1. Bid solicitor means an agency competent to approve investment policy or an agency competent to decide on the organization of bidding for investor selection; or a unit assigned by the competent agency to organize investor selection.”;

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

“2a. Competent agency means an agency approving the investment policy in accordance with the law on investment, or an agency deciding on the organization of bidding for investor selection. For projects subject to investment policy approval by the National Assembly or the Prime Minister, competent agency means an agency deciding on the organization of bidding for investor selection.”;

c/ To amend and supplement Clause 6 as follows:

“6. Investment projects (below referred to as projects) referred to in this Law include programs, projects and planning tasks as specified by law.”;

d/ To amend and supplement Clause 24 as follows:

“24. Competent person means a person making investment decision for a project, or the head of the immediate superior agency or unit of a project owner for procurement cost estimates as specified by law. In case of investor selection, competent person means the head of the agency competent to approve investment policy in accordance with the law on investment or of the agency competent to decide on the organization of bidding for investor selection.”.

4. To amend and supplement Point i, Clause 1, Article 5 as follows:

“i/ For international bidding, a foreign contractor shall enter into a joint-name entity with a domestic contractor or employ a domestic subcontractor, unless otherwise specified by the Government.”.

5. 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, except the following cases: The contractor is a public non-business unit under a state management agency with assigned functions and tasks appropriate to the nature of the bidding package of such state management agency; the public non-business unit and the enterprise are managed, or have capital contributed, by the same agency; or public non-business units are managed by the same agency; and the case specified in Clause 4a of this Article.”;

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

“a/ Being managed not by the same agency or organization, for public non-business units, except the case specified at Point d, Clause 1 of this Article;”.

6. To amend and supplement Clause 3, Article 7 as follows:

“3. The information specified in Clauses 1 and 2 of this Article shall be published on the Vietnam National E-Procurement System, except information on projects, business investment projects and bidding packages on the list of state secrets.”.

7. To amend and supplement a number of points and clauses of Article 10 as follows:

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

“g/ Contractors that are individuals, innovative startup enterprises, or innovative startup support organizations recognized by competent agencies; innovation centers; science and technology enterprises; science and technology organizations; research and development centers; and organizations and enterprises granted certificates of hi-tech enterprises, hi-tech incubators, hi-tech enterprise incubators, or enterprises newly established from investment projects on production of hi-tech products in accordance with the law on science, technology and innovation, the law on high technology, and other relevant laws;”;

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

“h/ Contractors that employ female workers, invalids, persons with disabilities or ethnic minority persons;”

c/ To add Point i below Point h, Clause 1 as follows:

“i/ Hi-tech products on the List of hi-tech products promoted for development, that are produced by hi-tech enterprises or enterprises newly established from investment projects on production of hi-tech products recognized under the law on high technology; products and goods as outcomes of special science, technology and innovation tasks, and products and goods as outcomes of domestic science, technology and innovation tasks under the law on science, technology and innovation; and digital technology products and services that comply with the Minister of Science and Technology’s regulations.”;

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

“d/ To be given priority in the evaluation of capacity, experience, eligibility, and other criteria during the evaluation of bid dossiers;”

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

“a/ The subjects specified at Points a, b, c, g and i, Clause 1 of this Article are entitled to the incentives specified at Point b or c, Clause 2 of this Article when participating in procurement bidding packages or mixed bidding packages;”

e/ To add Point c below Point b, Clause 4 as follows:

“c/ Investors that are science and technology enterprises; innovative startup enterprises; innovative startup support organizations recognized by competent agencies; innovation centers; organizations and enterprises granted certificates of hi-tech enterprises, hi-tech incubators, hi-tech enterprise incubators, or enterprises newly established from investment projects on production of hi-tech products in accordance with the law on high technology; and foreign investors committing to transferring technology to domestic investors or partners.”.

8. To amend and supplement or annul a number of points and clauses of Article 11 as follows:

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

“c/ For consultancy service bidding packages in which the project owners deem it necessary to involve foreign contractors in order to improve the quality of the bidding packages or projects, the project owners shall decide on organization of international bidding and take responsibility for their decision;”;

b/ To annul Point c, Clause 2;

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

“dd/ Projects other than those specified at Points a, b and d of this Clause for which announcement and notification have been carried out for inviting express of interest for organization of international bidding but no foreign investor has expressed interest.”;

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

“3. For projects to be implemented in areas restricted from access to land or marine areas restricted from use in accordance with the land law and other relevant laws, competent persons shall decide on the application of international bidding or domestic bidding after consulting the Ministry of National Defense, the Ministry of Public Security, the Ministry of Foreign Affairs, and other related agencies (if any).

4. For bidding packages of projects in the field of science, technology, innovation and digital transformation that are subject to domestic bidding, domestic contractors may employ subcontractors or special subcontractors being foreign contractors for specific jobs which domestic contractors are not yet able to perform or which require technology transfer.”.

9. To amend and supplement or annul a number of points and clauses of Article 14 as follows:

a/ To amend and supplement Point b, Clause 9 as follows:

“b/ Contractors and investors commit the violation acts specified in Article 16 of this Law or violate the bidding law, leading to cancellation of bidding;”;

b/ To annul Point c, Clause 10.

10. To amend and supplement or annul a number of points and clauses of Article 16 as follows:

a/ To annul Points h and k, Clause 6;

b/ To amend and supplement the first paragraph of Clause 7 as follows:

“7. Disclosing documents and information on the process of contractor or investor selection, except the cases of provision of information specified at Point b, Clause 8, and Point g, Clause 9, Article 77; Clause 11, Article 78; Clause 4, Article 80; Clause 4, Article 81; and Clause 2, Article 82, of this Law, including:”;

11. To amend and supplement or annul a number of points and clauses of Article 17 as follows:

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

“b/ Changes in investment objectives or scope in the approved investment decision, for projects, or changes in procurement objectives or scope, for procurement estimates, due to rearrangement of administrative units and restructuring of the state apparatus, or other force majeure events causing changes in the volume or evaluation criteria stated in dossiers of invitation for expression of interest, dossiers of invitation to prequalification, bidding dossiers or dossiers of requirements;”;

b/ To annul Point d, Clause 1; Point d, Clause 2; and the letter “d,” in Clause 4.

12. To amend and supplement Clause 1, Article 20 as follows:

“1. Forms of contractor selection include:

a/ Contractor appointment, contractor selection in special cases, order placement and direct procurement;

b/ Open bidding, competitive offering and restricted bidding;

c/ Implementation or implementation participation by the community, and price negotiation.”.

13. To amend and supplement Clause 1, Article 22 as follows:

“1. Bidding packages with specific technical requirements which only a limited number of contractors can satisfy;”.

14. To amend and supplement Article 23 as follows:

“Article 23. Contractor appointment

1. Contractor appointment shall be applied to assign a contractor to implement a bidding package under a project or procurement estimate that satisfies one of the following requirements:

a/ The bidding package involves urgent or emergency requirements for performing national defense, security or foreign affairs tasks; safeguarding national sovereignty; preventing, or addressing consequences of, force majeure events; protecting the property, health and life of the people; or preventing and controlling epidemics;

b/ The bidding package involves requirements relating to the protection of state secrets;

c/ The bidding package is under a special public investment project, urgent public investment project or national important project eligible for application of the National Assembly’s resolution upon deciding on project investment policy;

d/ The bidding package involves special requirements and conditions on professional qualifications and technical expertise; research, testing, authors’ rights, copyright, or warranty, or the need to ensure compatibility in technology, copyright or planning;

dd/ There is only one contractor or manufacturer providing goods or services in the market;

e/ The bidding package is within the threshold for application of contractor appointment under the Government’s regulations;

g/ The bidding package is subject to contractor appointment in accordance with specialized laws;

h/ The bidding package is in strategic sectors or on the list of special scientific research, technology development or innovation projects and tasks, or digital transformation projects and tasks;

i/ The bidding package needs to be accelerated while ensuring quality and efficiency.

2. The Government shall detail this Article.”.

15. To amend and supplement Article 24 as follows:

“Article 24. Competitive offering

1. Competitive offering shall be applied to bidding packages having a value within the Government-set limit that fall into one of the following cases:

a/ Non-consultancy service bidding packages that are common and simple;

b/ Procurement bidding packages for common goods available on the market with standardized technical specifications and equal quality;

c/ Construction and installation bidding packages for simple works with approved construction drawings;

d/ Mixed bidding packages involving goods supply and construction/installation, in which the construction/installation component satisfies the conditions specified at Point c of this Clause.

2. For bidding packages subject to competitive offering, it is not required to specify criteria for evaluation of capacity and experience of contractors in bidding dossiers.”.

16. To amend and supplement Clause 1, Article 29 as follows:

“1. The selection of contractors in special cases shall be applied to bidding packages under projects or procurement estimates with one or more than one specific condition on process, procedures and criteria for contractor selection, and conditions for contract signing and performance; specific conditions on science and technology development, innovation and digital transformation; or requirements on assurance of national defense and security, foreign affairs, territorial borders, national interests, or performance of national political tasks, which cannot be executed if one of the forms of contractor selection specified in Articles 21, 22, 23, 24, 25, 26, 27, 28 and 29a of this Law is applied.”.

17. To add Articles 29a and 29b below Article 29, Section 1 as follows:

“Article 29a. Order placement

1. Order placement is a form of directly assigning organizations, enterprises or individuals to provide the following goods and services:

a/ Public products and services, and public non-business services;

b/ Goods and services in strategic sectors; key and national important scientific research projects and tasks, foundational industries, spearhead industries, energy infrastructure, digital infrastructure, green transport, national defense, security, human resource training associated with technology transfer; and key digital technologies;

c/ Products and goods as outcomes of special science, technology and innovation tasks in accordance with the law on science, technology and innovation;

d/ Goods and services ordered under specialized laws.

Goods and services ordered under specialized laws must comply with such laws. In case specialized laws do not specify procedures for order placement, the bidding law shall apply.

2. The Government shall detail this Article.

Article 29b. Principles for application of forms of contractor selection

1. Project owners shall apply one of the forms of contractor selection specified in Clause 1, Article 20 of this Law in the cases and under the conditions specified in Articles 21, 22, 23, 24, 25, 26, 27, 28, 29 and 29a of this Law.

2. In case a bidding package satisfies the conditions for application of one of the forms of contractor selection specified at Points a and c, Clause 1, Article 20 of this Law, but the project owner decides not to apply such form, it may apply one of the forms specified at Point b, Clause 1, Article 20 of this Law without having to comply with the conditions of the corresponding form.

3. The Government shall detail this Article.”.

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

“a/ Open bidding or restricted bidding for bidding packages for non-consultancy services, goods procurement, and construction and installation, and mixed bidding packages. For bidding packages satisfying the requirements specified at Points b and c, Clause 1, and Clause 1a, Article 31 of this Law, the project owner may choose to apply the method of single-stage, single-envelope bidding or single-stage, two-envelope bidding;”.

19. To amend and supplement a number of points and clauses of Article 31 as follows:

a/ To add Point c below Point b, Clause 1, Article 31 as follows:

“c/ Open bidding or restricted bidding for bidding packages for procurement of drugs, medical supplies and medical equipment.”;

b/ To add Clause 1a below Clause 1, Article 31 as follows:

“1a. In case the project owner organizes open bidding for a bidding package requiring the use of technologies or products on the List of high technologies prioritized for development investment, the List of hi-tech products promoted for development, or the List of strategic technologies and strategic technology products in accordance with the law on science, technology and innovation or the law on high technology, it may apply the method specified in this Article.”.

20. To add Clause 2a below Clause 2, Article 34 as follows:

“2a. Investor appointment:

a/ Investor appointment shall be applied to the following business investment projects: projects proposed by investors that have ownership over or the right to use strategic technologies; projects that need continuation of investor selection for which digital infrastructure facilities or digital platforms have been built to ensure technical compatibility, synchronism and connectivity; or business investment projects that need to be accelerated to promote socio-economic development and guarantee national interests, and are proposed by investors under the Government’s regulations;

b/ Competent agencies shall decide on the application of the form of investor appointment for the projects specified at Point a of this Clause.”

21. To amend and supplement Article 34a as follows:

“Article 34a. Selection of investors in special cases

1. The selection of investors in special cases shall be applied to the following business investment projects:

a/ Projects with requirements on assurance of national defense and security, foreign affairs, territorial borders or national interests, or for the performance of national political tasks;

b/ Projects with requirements on order placement or task assignment, for projects in strategic sectors, key development investment projects, or national important projects in the field of science, technology and innovation;

c/ Projects with specific requirements on procedures for investment, investor selection, land allocation, land lease, or assignment of marine areas, or other special conditions, which cannot be executed if one of the forms of investor selection specified in Clauses 1, 2 and 2a, Article 34 of this Law is applied.

2. The competent agency shall decide on the application of the forms of investor selection in special cases specified in Clause 1 of this Article.

3. The Government shall detail this Article.”.

22. To amend and supplement or annul a number of clauses of Article 40 as follows:

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

“c/ The job items under the contractor selection plan, including the jobs and the corresponding values that constitute bidding packages, which are performed in one of the forms of contractor selection specified in Articles 21, 22, 23, 24, 25, 26, 27, 28, 29 and 29a of this Law;”;

b/ To amend and supplement Clause 2 as follows:

“2. Competence to approve contractor selection plans:

The project owner shall organize the formulation of, and approve, a contractor selection plan. For a bidding package put for advance bidding under Article 42 of this Law, or a bidding package that needs to be executed before the issuance of the project approval decision, if the project owner has not yet been identified, the head of the unit assigned to prepare the project shall organize the formulation of, and approve, the contractor selection plan.”;

c/ To annul Clause 3.

23. To amend and supplement or annul a number of clauses of Article 41 as follows:

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

“c/ The job items under the contractor selection plan, including the jobs and the corresponding values that constitute bidding packages, which are performed in one of the forms of contractor selection specified in Articles 21, 22, 23, 24, 25, 26, 27, 28, 29 and 29a of this Law;”;

b/ To amend and supplement Clause 2 as follows:

“2. Contractor selection plans shall be approved according to the competence specified in Clause 2, Article 40 of this Law.”;

c/ To annul Clause 3.

24. To amend and supplement a number of points of Clause 3, Article 42 as follows:

a/ To amend and supplement Point a as follows:

“a/ Formulation and approval of contractor selection plans;”;

b/ To amend and supplement Point c as follows:

“c/ Preparation, appraisal (if any), and approval of bidding dossiers;”.

25. To amend and supplement Article 43 as follows:

“Article 43. Procedures for contractor selection

1. Procedures for contractor selection include one or several of the following steps:

a/ Preparing for contractor selection;

b/ Organizing contractor selection;

c/ Evaluating bid dossiers and dossiers of proposals;

d/ Negotiating contracts and negotiating contractors’ proposals;

dd/ Submitting, appraising, approving and publicizing contractor selection results, and providing explanations for unsuccessful bids at the request of contractors (if any);

e/ Finalizing and signing, and managing the performance of, contracts.

For the form of contractor appointment, during the process of contract negotiation and finalization, project owners and contractors shall negotiate prices to ensure economic efficiency in the proposed winning bids.

2. The Government shall detail this Article.”.

26. To amend and supplement Article 44 as follows:

“Article 44. Contents of bidding dossiers for contractor selection

1. A bidding dossier must contain requirements for a bidding package regarding instructions to bidders, evaluation criteria, draft contract, and other contents.

2. In bidding dossiers, it is allowed to indicate requirements on origin by group of countries and territories, and other criteria specified by the Government to ensure the quality of goods, services and works.

3. Bidding dossiers may not specify conditions that restrict the participation of contractors or aim to create advantages for certain contractor(s), thereby causing unfair competition.

4. The Government shall detail this Article.”.

27. To amend and supplement Article 45 as follows:

“Article 45. Time for organizing contractor selection

1. The time for organizing contractor selection is as follows:

a/ The time for preparing dossiers of expression of interest, dossiers for participation in prequalification and bid dossiers shall be counted from the first date the dossiers of invitation for expression of interest, dossiers of invitation to prequalification or bidding dossiers are issued to the date of bid closing;

b/ The modification of dossiers of invitation for expression of interest, dossiers of invitation to prequalification and bidding dossiers shall be made before the date of bid closing;

c/ Dossiers of invitation for expression of interest, dossiers of invitation to prequalification and bidding dossiers shall be issued simultaneously with notices of invitation for expression of interest, notices of invitation to prequalification or bidding notices.

2. For jobs other than those specified in Clause 1 of this Article, project owners shall decide on the implementation time on the basis of ensuring the progress of projects or bidding packages.

3. The Government shall detail Clause 1 of this Article.”.

28. To amend and supplement Clause 2, Article 48 as follows:

“2. Bidding dossiers may not specify conditions that restrict the participation of investors or aim to create advantages for certain investor(s), thereby causing unfair competition.”.

29. To amend and supplement Clause 2, Article 50 as follows:

a/ To amend and supplement Point b as follows:

“b/ Preparing, appraising (if any), and approving dossiers of invitation to prequalification, dossiers of invitation for expression of interest, bidding dossiers and dossiers of requirements;”;

b/ To amend and supplement Point dd as follows:

“dd/ Evaluating dossiers for participation in prequalification, dossiers of expression of interest, bid dossiers and dossiers of proposals, inviting contract negotiations, and appraising (if any) and approving contractor selection results;”.

30. To amend and supplement a number of clauses of Article 53 as follows:

a/ To amend and supplement Clause 3 as follows:

“3. The forms of contractor selection for bidding packages subject to centralized procurement must comply with the Government’s regulations.”;

b/ To amend and supplement Clause 7 as follows:

“7. The Government shall detail this Article and provide the summarization of centralized procurement needs of private medical examination and treatment establishments and health establishments being public non-business units that self-cover recurrent expenditures and investment expenditures or public non-business units that self-cover recurrent expenditures.”.

31. To amend and supplement Clause 3, Article 55 as follows:

“3. In case private medical examination and treatment establishments or health establishments being public non-business units that self-cover recurrent expenditures and investment expenditures or public non-business units that self-cover recurrent expenditures do not opt to apply the provisions of this Law to the procurement of drugs, chemicals, testing supplies and medical equipment, payments from the health insurance fund shall be made in accordance with the Government’s regulations.”.

32. To amend and supplement Article 57 as follows:

“Article 57. Provision of public products and services

In addition to the forms of contractor selection specified in Chapter II of this Law, the selection of suppliers of public products and services and other goods and services shall be carried out in the form of task assignment as specified by the Government.”.

33. To amend and supplement a number of points and clauses of Article 58 as follows:

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

“a/ The quality and cost-based selection method may be applied to the bidding packages specified at Points b and c, Clause 1, and in Clause 1a, Article 31 of this Law;”;

b/ To add Clause 3a below Clause 3 as follows:

“3a. The quality-based method:

a/ The quality-based method may be applied to bidding packages requiring the use of technologies or products on the List of strategic technologies and strategic technology products under the law on science, technology and innovation, and the law on high technology;

b/ The contractor whose bid dossier meets technical requirements and gets the highest technical score shall be ranked first and invited to open dossiers of financial proposals, serving as a basis for contract negotiations.”;

c/ To amend and supplement Clause 4 as follows:

“4. For evaluation of capacity and experience, the “pass/fail” criterion shall be used. For technical evaluation, the scoring method or the “pass/fail” criterion shall be applied. For the quality and cost-based selection method and the quality-based method specified in Clauses 3 and 3a of this Article, the scoring method shall be used to formulate criteria for technical evaluation. If the scoring method is applied, it is required to specify that the technical score must be at least 70%.”

34. To amend and supplement Points dd and e, Clause 1, Article 61 as follows:

“dd/ For the lowest price method: offering the lowest bid after correction of errors or adjustment of deviations (if any), minus the value of discounts (if any); for the evaluation price method: offering the lowest evaluation price; for the quality and cost-based selection method: getting the highest aggregate score; or for the quality-based method: getting the highest technical score;

e/ Offering the proposed winning bid not exceeding the approved price of the bidding package. For construction and installation bidding packages, if a contractor offers an abnormally low bid compared to the price of the bidding package, the project owner shall request the contractor to give explanations and clarify the feasibility and reasonableness of the offered bid for use as a basis for evaluating whether the bid dossier is satisfactory or subject to elimination in accordance with the Government’s regulations.”

35. To amend and supplement a number of points and clauses of Article 62 as follows:

a/ To amend and supplement Point a, and add Point a1 below Point a, Clause 2 as follows:

“a/ Criteria for evaluating an investor’s capacity include: ability to arrange equity, except the case specified at Point a1 of this Clause; and ability to mobilize loans and other lawful funding sources.

In case of a joint-name entity, an investor’s capacity shall be determined as the total capacity of the members of the joint-name entity; the investor as head of the joint-name entity must make capital contribution equal to at least 30% of equity, and each member of the joint-name entity must make capital contributions equal to at least 15% of equity;

a1/ The following investors are not required to prove their ability to arrange equity: science and technology enterprises, innovative startup enterprises, innovation centers, and innovation startup support organizations as specified by the law on science, technology and innovation; hi-tech incubators, hi-tech enterprise incubators, hi-tech enterprises, and enterprises newly established from investment projects on production of hi-tech products in accordance with the law on high technology;”;

b/ To add Clauses 4a, 4b and 4c below Clause 4 as follows:

“4a. For projects involving selection of international investors or foreign investors committing to transferring technology to domestic investors or partners, the international/foreign investors shall be entitled to preferential treatment in the evaluation of bid dossiers.

4b. For business investment projects involving the application of the form of investor appointment as proposed by investors, the investors’ proposal shall be evaluated using the “pass/fail” method based on the evaluation criteria specified at Points a and c, Clause 2 of this Article.

4c. If, after bid dossiers are evaluated, there are two or more investors obtaining an equal aggregate score, priority shall be given to the investor with experience in implementing similar projects.

Investors being organizations or enterprises specified at Point a1, Clause 2 of this Article may use projects or works they have directly implemented with successful trial application of technology to demonstrate their experience in implementing similar projects when participating in bidding.”.

36. To amend and supplement Point c, Clause 2, Article 68 as follows:

“c/ Contractors implementing bidding packages with prices within the threshold for contractor appointment.”.

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

“4. In case the modification of a contract results in the change in the period of contract performance which, however, does not exceed the project implementation period, or results in the excess of the approved price of a bidding package (inclusive of contingency) which, however, does not exceed the total investment or procurement estimate, the project owner shall consider and decide on the modification. The modified contract price must not exceed the total investment or procurement estimate. In case a project or procurement estimate consists of multiple bidding packages, the total contract price after the modification must not exceed the total investment or procurement estimate.”.

38. To amend and supplement a number of points and clauses of Article 78 as follows:

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

“a/ Contractor selection plans;”;

b/ To add Clauses 1a and 1b below Clause 1 as follows:

“1a. To give replies to clarify dossiers of invitation for expression of interest, dossiers of invitation to prequalification, bidding dossiers and dossiers of requirements.

1b. To request contractors to clarify dossiers of expression of interest, dossiers for participation in prequalification, bid dossiers and dossiers of proposals during the process of dossier evaluation.”;

c/ To amend and supplement Clause 2 as follows:

“2. To organize the appraisal of the contents specified at Points b, c and d, Clause 1 of this Article (if any).”;

d/ To amend and supplement Clause 4 as follows:

“4. To decide on the formation of an expert team under Article 19 of this Law in case no consultancy unit is hired to prepare dossiers of invitation for expression of interest, dossiers of invitation to prequalification, bidding dossiers and dossiers of requirements; or to evaluate dossiers of expression of interest, dossiers for participation in prequalification, bid dossiers and dossiers of proposals.”;

dd/ To amend and supplement Clause 12 as follows:

“12. To take responsibility before law and before competent persons for:

a/ Approving contractor selection plans;

b/ Preparing and organizing contractor selection; signing, and managing the performance of, contracts with contractors;

c/ Progress, quality and efficiency of bidding packages.”;

e/ To amend and supplement Clause 13 as follows:

“13. To negotiate (if necessary) and finalize contracts with contractors, and manage contract performance (if necessary); negotiate (if necessary) and finalize framework agreements with contractors, and manage the implementation of framework agreements (if necessary), for centralized procurement involving the application of framework agreements.”;

g/ To add Clause 13a below Clause 13 as follows:

“13a. To approve or disapprove the transfer of the volume or scope of jobs from subcontractors to other organizations or units when it is necessary to meet requirements on progress and quality of bidding packages at the proposal of the main contractor.”.

39. To amend and supplement or annul a number of points and clauses of Article 79 as follows:

a/ To annul Clause 1;

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

“2. For investor selection, the bid solicitor has the following responsibilities:”;

c/ To add Point k1 below Point k, Clause 2 as follows:

“k1/ To provide information in the Vietnam National E-Procurement System; to provide relevant information and documents and give explanations about the performance of the responsibilities specified in this Clause at the request of competent persons, inspection and examination agencies, or state management agencies in charge of bidding;”.

40. To add a number of clauses to Article 80 as follows:

a/ To add Clause 1a before Clause 1 as follows:

“1a. To be honest and objective in performing tasks.”;

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

“2a. To submit dossiers of invitation to prequalification, dossiers of invitation for expression of interest, dossiers of requirements, bidding dossiers, shortlist selection results, and contractor selection results for approval.”.

41. To add Clause 4a below Clause 4, Article 82 as follows:

“4a. To manage and control the volume and scope of jobs of the bidding packages performed by subcontractors; to report to the project owner on the transfer of the volume of jobs of subcontractors to other organizations or units when it is necessary to meet the requirements on progress and quality of the bidding packages.”.

42. To amend and supplement Point dd, Clause 2, Article 84 as follows:

“dd/ To inspect and supervise bidding activities;”.

43. To amend and supplement a number of points and clauses of Article 86 as follows:

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

“b/ Inspection of bidding activities shall be conducted for one or all of the following activities: issuance of documents guiding and directing the bidding work; organization of bidding activities; the activities specified at Point d, Clause 7, Article 3 of this Law; and other bidding-related activities;”;

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

“c/ State management agencies in charge of bidding under ministries, sectors and localities shall conduct regular supervision of bidding activities for bidding packages under projects, business investment projects or procurement estimates in the localities or in the fields under their management, and the activities specified at Point d, Clause 7, Article 3 of this Law;”;

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

“dd/ Supervision of bidding activities shall be conducted for one or more of the following: dossiers of invitation to prequalification, dossiers of invitation for expression of interest, bidding dossiers and dossiers of requirements; evaluation of dossiers for participation in prequalification, dossiers of expression of interest, bid dossiers, dossiers of proposals, and dossiers of registration for project implementation; process of organizing the contractor and investor selection; application of forms of contractor and investor selection; bidding packages and projects involving application of the form of contractor appointment, investor appointment and contractor and investor selection in special cases; performance of bidding activities by project owners and bid solicitors; and contractors’ and investors’ satisfaction of the requirements on progress, quality and outcomes of bidding packages and business investment projects;”.

44. To amend and supplement a number of clauses of Article 89 as follows:

a/ To amend and supplement Clause 1 as follows:

“1. When deeming that their lawful rights and interests are affected, contractors, investors, agencies or organizations may propose competent persons, project owners or bid solicitors to review issues arising during the process of contractor and investor selection or review contractor and investor selection results.”;

b/ To add Clauses 4 and 5 below Clause 3 as follows:

“4. With respect to the contractor or investor selection results, petitions shall be settled by project owners, bid solicitors or petition settlement councils.

5. The Government shall specify the conditions for reviewing and settling petitions, the process of petition settlement; and the composition, responsibilities and operation of petition settlement councils.”.

45. To annul Clause 2, Article 21; Clause 9, Article 39; Point b, Clause 2, Article 76; Clauses 2 and 3, and the letter “d,” in Clause 5, and the numerals “2, 3,” in Clause 8, Article 77; and Articles 90, 91, 92 and 93.

46. To annul the phrase “, the bid solicitor” at Point b, Clause 4 and in Clause 4a, Article 6; at Point c, Clause 1, Article 15; Point a, Clause 3, Article 32; Point a, Clause 3, Article 33; Point b, Clause 1, Article 55; and Point b, Clause 8, Article 77.

47. To annul the phrase “, dossiers of requirements” at Point a, Clause 2, Article 6.

48. To annul the phrase “, heads of state enterprises or enterprises with 100% charter capital held by state enterprises” at Point c, Clause 2, Article 53; and the word “, enterprises” in Clause 4, Article 53.

49. To annul the phrase “the competent person,” and “the overall plan on contractor selection or contractor selection plan;” in Clause 2, Article 19.

50. To replace the phrase “the bid solicitor” with the phrase “the project owner or bid solicitor” in Clauses 19, 20, and 22, Article 4; at Point b, Clause 1, Article 8; and at Point dd, Clause 9, Article 14.

51. To replace the phrase “the bid solicitor” with the phrase “the project owner or bid solicitor” in Clauses 21 and 23, Article 4; Clause 3, Article 9; Clauses 6 and 8, Article 14; at Point c, Clause 3, and Point b, Clause 7, Article 16; Clause 5, Article 51; Clause 2, Article 80; and Clause 1, Article 82.

52. To replace the phrase “the bid solicitor” with the phrase “the bid solicitor or expert team” in Clause 2, Article 81.

53. To replace the phrase “the Ministry of Planning and Investment” with the phrase “the Ministry of Finance” in Clause 2, Article 84; and at Point c, Clause 3, and in Clause 4, Article 87.

Article 2. To amend and supplement a number of articles of the Law on Investment in the Form of Public-Private Partnership

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

a/ To amend and supplement Clauses 1 and 2 as follows:

“1. Prefeasibility study report and investment policy proposal report mean documents presenting preliminary studies on the necessity, feasibility and efficiency of an investment project in the form of public-private partnership (below referred to as PPP project), serving as a basis for the competent authority to decide on investment policy.

2. Feasibility study report and construction investment techno-economic report mean documents presenting studies on the necessity, feasibility and efficiency of a PPP project, serving as a basis for the competent authority to approve the project.”;

b/ To amend and supplement Clause 8 as follows:

“8. PPP project enterprise means an enterprise established by an investor for the purpose of signing and performing a PPP project contract.”.

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

a/ To amend and supplement Clause 1 as follows:

“1. PPP projects shall be implemented in sectors and fields of public investment for the purposes of investing in and constructing works and infrastructure systems, and providing public services.”;

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

“e/ Projects not subject to investment policy decision as specified in Clauses 3, 4 and 5, Article 11 of this Law.”.

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

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

“b/ Agencies or units assigned by competent agencies to sign contracts as specified in Clause 4 of this Article.”;

b/ To amend and supplement Clauses 3 and 4, and add Clause 5 below Clause 4, as follows:

“3. The determination of a competent agency in case a project is managed by multiple competent agencies as specified in Clause 1 of this Article, or in case of change of the competent agency must comply with the Government’s regulations.

4. A competent agency may assign its subordinate agency or unit to sign PPP project contracts under the former’s competence.

5. The Government shall detail this Article.”.

4. To amend and supplement Points a and b, Clause 1, Article 9 as follows:

“a/ Information on the investment policy decision (if any) and the PPP project approval decision;

b/ Information on investor selection, including notices of invitation to bidding and investor selection results;”.

5. To amend and supplement a number of points and clauses of Article 10 as follows:

a/ To amend and supplement Clause 2 as follows:

“2. Approving a PPP project without obtaining the investment policy; not in compliance with the investment policy; or not in accordance with the competence, order and procedures specified in this Law, except PPP projects not subject to investment policy decision.”;

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

“b/ Concurrently participating in the preparation and appraisal of bidding dossiers, or concurrently participating in the evaluation of bid dossiers and appraisal of investor selection results for the same project;”;

c/ To amend and supplement Points a and b, Clause 5 as follows:

“a/ Contents of bidding dossiers before they are issued under regulations, except projects subject to market survey or prior consultation with investors to prepare bidding dossiers;

b/ Contents of bid dossiers, reports of the bid solicitor, reports of the expert team, appraisal reports, reports of consultancy contractors, reports of specialized agencies involved in investor selection, and investor selection results before they are publicized under regulations;”.

6. To amend and supplement Article 11 as follows:

“Article 11. PPP project process

1. For PPP projects subject to investment policy decision by the National Assembly or the Prime Minister, the process of a PPP project is as follows:

a/ Preparing and appraising the prefeasibility study report for submission to the National Assembly or the Prime Minister for deciding on investment policy;

b/ Preparing and appraising the feasibility study report, and approving the project;

c/ Selecting investor(s); signing and performing the project contract.

2. Except the projects specified in Clauses 1, 3, 4 and 5 of this Article, the process of a PPP project is as follows:

a/ Preparing and appraising an investment policy proposal report or investment policy decision;

b/ Preparing and appraising a feasibility study report or construction investment economic-technical report, for PPP projects subject to formulation of investment economic-technical reports or project approval;

c/ Selecting investors; signing and performing the PPP project contract.

3. The following projects are not subject to the procedures for investment policy decision specified at Point a, Clause 2 of this Article;

a/ PPP projects not funded by state capital as specified in Articles 70, 71 and 72 of this Law (below referred to as PPP projects not funded by state capital);

b/ PPP projects on science, technology and innovation as specified by the law on science, technology and innovation (below referred to as PPP projects on science and technology);

c/ PPP projects involving application of high technologies as specified by the law on high technologies and those involving application of new technologies as specified by the law on technology transfer;

d/ Projects to be implemented under O&M contracts;

dd/ Projects to be implemented under BT contracts and paid with land areas.

In case a project specified in this Clause is subject to procedures for investment policy decision for use as a basis for carrying out procedures in accordance with the laws on land and forestry and relevant laws, the PPP project process specified in Clause 2 of this Article shall apply.

4. For a PPP project which is proposed by an investor and not funded by state capital or under which the investor has the ownership or use rights over technologies on the list of strategic technologies and strategic technology products as specified by the law on science, technology and innovation or the law on high technologies and which is subject to investor appointment under Clause 1, Article 39 of this Law, except the projects specified in Clause 1 of this Article, the PPP project process is as follows: 

a/ The investor makes a feasibility study report enclosed with a dossier of capacity and a draft contract;

b/ The competent agency organizes the appraisal of the feasibility study report, and approves the project and investor appointment result;

c/ The relevant parties sign and perform the project contract.

5. For a project to be implemented under BT contracts and not requiring payment, the PPP project process is as follows:

a/ The investor proposes the project, and makes a feasibility study report enclosed with a draft contract;

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

c/ The relevant parties sign and perform the project contract; and organize the supervision of the construction of works and acceptance testing of completed works in accordance with the law on construction as for public investment projects.

Projects specified in this Clause are neither subject to investor selection under Chapter III nor required to comply with the provisions on project contract performance of Articles 53, 54, 58, 59, 61, 62, 63, 64, 65 and 66 of this Law.

6. In case a PPP project has a work subject to architectural plan contest, the organization of such contest shall be considered and approved in the investment policy decision specified in Clause 1 or 2 of this Article. For a project not subject to investment policy decision, the competent agency shall organize an architectural plan contest during the period of preparing the PPP project’s feasibility study report. The organization of architectural plan contests must comply with the law on architecture.

7. For a public investment project under a public investment plan that is considered for conversion into a PPP project, the process specified in Clause 1, 2, 3, 4 or 5 of this Article shall apply, depending on the project’s importance, scale and characteristics.

8. The Government shall detail this Article.”.

7. To amend and supplement Article 12 as follows:

“Article 12. Competence to decide on investment policy for PPP projects

1. The National Assembly may decide on investment policy for PPP projects that satisfy the criteria for national important projects as specified by the law on public investment, except projects on nuclear power plants.

2. The Prime Minister may decide on investment policy for projects on nuclear power plants.

3. Except the projects specified in Clauses 1 and 2 of this Article, ministers or heads of central agencies or other agencies may decide on investment policy for the following PPP projects:

a/ Projects funded by state capital and subject to management by ministries, central agencies or other agencies;

b/ Projects to be implemented under BT contracts and paid with state budget funds and subject to management by ministries, central agencies or other agencies.

4. Except the projects specified in Clauses 1, 2 and 3 of this Article, provincial-level People’s Councils may decide on investment policy for the following PPP projects:

a/ Group-A projects as specified by the law on public investment that are funded by state capital and subject to localities’ management;

b/ Projects specified in Clause 3, Article 5 of this Law with local authorities acting as competent agencies, that are group-A projects specified by the law on public investment and funded by state capital;

c/ Projects to be implemented under BT contracts and paid with state budget funds, that have the total investment equal to that of group-A projects as specified by the law on public investment, and using public investment capital for payment to investors.

5. Provincial-level People’s Committees may decide on investment policy for the following PPP projects:

a/ Projects subject to localities’ management, that have the total investment equal to that of group-B or group-C projects as specified by the law on public investment, and are funded by state capital;

b/ Projects specified in Clause 3, Article 5 of this Law with local authorities acting as competent agencies, that have the total investment equal to that of group-B or group-C projects as specified by the law on public investment, and are funded by state capital;

c/ Projects to be implemented under BT contracts and paid with state budget revenues from the auction of use rights over land areas and public assets, for land areas and public assets under localities’ management;

d/ Projects to be implemented under BT contracts and paid with state budget funds, that have the total investment equal to that of group-B or group-C projects as specified by the law on public investment, and use public investment capital for payment to investors.

6. In case of adjustment of investment policy for PPP projects, the competence to decide on investment policy adjustment must comply with Clause 2, Article 18 of this Law.”.

8. To amend and supplement Article 13 as follows:

“Article 13. Procedures for deciding on investment policy for PPP projects

1. Procedures for deciding on investment policy for a PPP project falling under the competence of the National Assembly are as follows:

a/ The PPP project preparation unit prepares a prefeasibility study report for a competent agency to submit it to the Government;

b/ The competent authority forms the State Appraisal Council to appraise the prefeasibility study report;

c/ The Government finalizes the dossier for submission to the National Assembly for consideration and decision;

d/ The National Assembly’s agency verifies the dossier submitted by the Government;

dd/ The National Assembly considers and adopts a resolution on investment policy for the project, covering: objectives; expected scale and location of the project; project implementation period; demand for land and other natural resources (if any); expected type of the PPP project contract; preliminary total investment; preliminary financial plan; structure of funding sources in the project; estimated price and charge rates for public products and services, for projects involving application of the mechanism for collection of charges directly from service users; investment assurance mechanism and mechanism for sharing of decreased amounts in turnover (if any); and name of the competent agency.

2. The Government shall specify procedures for deciding investment policy for PPP projects falling under the competence of the Prime Minister, ministers, heads of central agencies or other agencies, provincial-level People’s Councils or provincial-level People’s Committees.”.

9. To amend and supplement Point b, Clause 1, Article 14 as follows:

“b. The project is in a sector or field specified in Clause 1, Article 4 of this Law; and has obtained opinions of the Ministry of National Defense or the Ministry of Public Security, for projects in the sectors and fields of national defense, security, and social order and safety;”.

10. To amend and supplement Clause 3, Article 18 as follows:

“3. The Government shall specify the order and procedures for adjustment of investment policy for PPP projects.”.

11. To amend and supplement Article 21 as follows:

“Article 21. Competence to approve PPP projects

1. Ministers and heads of central agencies or other agencies or persons with decentralized powers under Clause 3 of this Article may approve projects under their management, including:

a/ Projects specified in Clauses 1, 2 and 3, Article 12 of this Law;

b/ Projects not funded by state capital, except projects subject to the National Assembly’s investment policy decision;

c/ Projects to be implemented under O&M contracts; projects to be implemented under BT contracts and paid with land areas; and projects to be implemented under BT contracts and not requiring payment;

d/ PPP projects on science and technology; projects involving application of high technologies as specified by the law on high technologies or projects involving application of new technologies as specified by the law on technology transfer.

2. Chairpersons of provincial-level People’s Committees or persons with decentralized powers under Clause 3 of this Article may approve the following PPP projects:

a/ Projects specified in Clauses 1, 2, 4 and 5, Article 12 of this Law;

b/ Projects specified at Points b, c and d, Clause 1 of this Article and falling under localities’ management.

3. The Government shall detail this Article.”.

12. To amend and supplement Clause 3, Article 24 as follows:

“3. The competence to approve the adjustment of PPP projects must comply with Article 21 of this Law. The Government shall specify the order and procedures for adjustment of PPP projects.”.

13. To amend and supplement Article 26 as follows:

“Article 26. Conditions and procedures for preparation of PPP projects proposed by investors

1. A PPP project proposed by an investor must satisfy the following conditions:

a/ Satisfying the conditions for selection of projects for investment in the PPP form as specified at Points a, b, c and d, Clause 1, Article 14 of this Law;

b/ Not being identical to another PPP project for which a competent agency has organized the formulation of a prefeasibility study report or has permitted another investor to prepare a prefeasibility study report;

c/ Being conformable with the socio-economic development plan and relevant master plan decided or approved by the competent authority in accordance with the planning law.

2. The Government shall specify procedures for preparation of PPP projects proposed by investors.”.

14. To amend and supplement Clause 3, Article 28 as follows:

“3. The selection of investors according to the procedures specified in Clause 1 of this Article via the Vietnam National E-Procurement System shall be carried out under a roadmap set by the Government.”.

15. To amend and supplement Clause 3, Article 30 as follows:

“3. Consultants for preparation and appraisal of bidding dossiers; and evaluation and appraisal of investor selection results;”.

16. To amend and supplement Article 31 as follows:

“Article 31. Selection of domestic investors and international investors

1. The selection of domestic investors shall be carried out in the forms specified in Articles 37, 38, 39 and 40 of this Law, in which only investors established under Vietnam’s law (below referred to as domestic investors) may participate.

2. The selection of international investors shall be carried out in the forms specified in Articles 37, 38, 39 and 40 of this Law, in which both investors established under foreign laws (below referred to as foreign investors) and domestic investors may participate.

3. The selection of international investors is applicable to PPP projects, except:

a/ Projects in sectors or trades not open to market access for foreign investors in accordance with the law on investment;

b/ Projects subject to domestic bidding to meet requirements on assurance of national defense and security or protection of state secrets;

c/ Projects with the total investment equal to that of group-B or group-C projects as specified by the law on public investment, except PPP projects on science and technology requiring the attraction of foreign investors;

d/ Projects other than those specified at Points a, b and c of this Clause for which surveys have been conducted but no foreign investors express interest.

4. For projects to be implemented in areas with limited access to land or marine areas restricted from use in accordance with the land law and relevant laws, competent agencies shall decide on the selection of international investors or selection of domestic investors after consulting the Ministry of National Defense, the Ministry of Public Security or the Ministry of Foreign Affairs.”.

17. To amend and supplement Points a, b and c, Clause 1, Article 34 as follows:

“a/ All bid dossiers fail to meet requirements of bidding dossiers;

b/ There is(are) a change(s) in the objectives and scale stated in bidding dossiers;

c/ Bidding dossiers are not compliant with this Law or other relevant laws, thus making selected investors fail to meet requirements for project implementation;”.

18. To amend and supplement Point b, Clause 2, Article 36 as follows:

“b/ Being based on investment policy decisions (if any); project approval decisions; bidding dossiers; bid dossiers; investor selection results; contracts signed with selected investors; and progress of project implementation.”.

19. To amend and supplement a number of points and clauses of Article 39 as follows:

a/ To add Points c, d and dd below Point b, Clause 1 as follows:

“c/ Projects proposed by investors that have the ownership or use rights over strategic technologies;

d/ Projects in need of further selection of investors for which digital infrastructure facilities or digital platforms were built earlier in order to ensure technical compatibility, synchronism and connectivity;

dd/ Projects in need of accelerating implementation progress, promoting socio-economic development, and guaranteeing national interests that are proposed by investors and approved by competent authorities.”;

b/ To amend and supplement Clause 2 as follows:

“2. Agencies competent to approve projects may decide on investor appointment, for the projects specified in Clause 1 of this Article.

Before deciding on the application of the form of investor appointment for the projects specified at Point a, Clause 1 of this Article, competent agencies shall solicit written opinions of the Ministry of National Defense and the Ministry of Public Security on requirements on assurance of national defense and security or protection of state secrets.”;

c/ To add Clause 3 below Clause 2 as follows:

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

20. To amend and supplement Article 40 as follows:

“Article 40. Investor selection in special cases

1. Investor selection in special cases shall be applied to PPP projects that satisfy one of the following conditions:

a/ Meeting the requirements on guarantee of national interests and performance of national political tasks;

b/ Meeting the requirements on placement of orders or assignment of tasks for project implementation, for projects in strategic fields, and key development investment projects or national important projects in the fields of science, technology and innovation;

c/ Meeting specific requirements on investment procedures or investor selection or involving other specific conditions that make it impossible to implement the projects if applying the forms of investor selection specified in Articles 37, 38 and 39 of this Law.

2. Competent agencies may decide on the application of the form of investor selection in special cases specified in this Clause.

3. The Government shall detail this Article.”.

21. To amend and supplement a number of clauses of Article 42 as follows:

a/ To amend and supplement Clause 1 as follows:

“1. The evaluation of capacity of investors shall be carried out by the pass/fail method based on criteria stated in bidding dossiers:

a/ Ability to arrange the equity, except the case specified in Clause 1a of this Article;

b/ Ability to mobilize loan capital and other lawful capital sources.

In case of a joint-name entity, the capacity of investors shall be determined to be equal to the total capacity of the joint-name entity’s members. The investor leading the joint-name entity must contribute at least 30% to the equity, while each member of the joint-name entity must contribute at least 15% to the equity.”;

b/ To add Clause 1a below Clause 1 as follows:

“1a. The following investors are not required to prove their ability to arrange the equity: science and technology enterprises and innovative startup enterprises; innovation centers, and innovative startup support organizations in accordance with the law on science, technology and innovation; hi-tech incubators and hi-tech enterprise incubators, hi-tech enterprises, new enterprises established from investment projects on production of hi-tech products as specified by the law on high technologies.”;

c/ To add Clauses 3a, 3b and 3c below Clause 3 as follows:

“3a. For PPP projects on science and technology that are subject to selection of international investors, foreign investors that commit to transferring technologies to domestic investors or domestic partners are entitled to incentives upon the evaluation of their bid dossiers.

3b. For projects proposed by investors and subject to investor appointment, the evaluation of investors’ proposals shall be carried out by the pass/fail method based on capacity and financial-commercial criteria.

3c. After the evaluation of bid dossiers, if there are two or more investors that have equal financial-commercial proposals, priority shall be given to the investors that have experience in the implementation of similar projects.

Investors being the organizations or enterprises specified in Clause 1a of this Article may use projects and works they directly implement with technologies successfully put into trial operation in order to prove their experience in the implementation of similar projects upon their participation in bidding.”.

22. To amend and supplement a number of clauses of Article 44 as follows:

a/ To amend and supplement Clause 1 as follows:

“1. After obtaining a decision approving the investor selection result, the selected investor shall establish a PPP project enterprise as a limited liability company or joint stock company other than public company for signing and performing the PPP project contract, except the case specified in Clause 4 of this Article. An enterprise registration dossier must comprise the contents specified by the law on enterprises and the decision approving the investor selection result.”.

b/ To add Clauses 4 and 5 below Clause 3 as follows:

“4. Investors are not required to establish PPP project enterprises but shall manage and account turnover and expenditures of PPP projects independently from other business operations in the following cases:

a/ Investors are state enterprises;

b/ Projects are implemented under BT contracts; projects are PPP projects on science and technology;

c/ Projects have the total investment equal to that of group-B or group-C projects as specified by the law on public investment.

5. PPP project enterprises may conduct business in sectors or trades not stated in PPP project contracts when satisfying the following conditions:

a/ They are permitted by lenders to do so;

b/ They manage and account turnover and expenditures of PPP projects independently from other business operations;

c/ They ensure that other business operations do not affect the rights, obligations and responsibilities of their own and of PPP project enterprises as stated in PPP project contracts.”.

23. To amend and supplement Point b, Clause 2a, Article 45 as follows:

“b/ Payment with state budget funds reserved for public investment funds or with state budget revenues from the auction of land use rights and public assets, which shall be accounted as state budget revenues or expenditures. The value of BT project works consists of the total investment in the construction of works determined in accordance with the law on construction and other expenses paid after the construction stage, inclusive of loan interests payable after the construction stage and reasonable profits of investors;”.

24. To amend and supplement Article 47 as follows:

“Article 47. PPP project contracts

1. PPP project contracts must specifically define rights and obligations of contracting agencies, investors and PPP project enterprises. In case investors do not establish PPP project enterprises, PPP project contracts must have terms requiring investors to fully perform/exercise rights, obligations and responsibilities of PPP project enterprises specified in this Law.

2. The Government shall detail this Article.”.

25. To amend and supplement a number of points and clauses of Article 51 as follows:

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

“a/ The completion of the construction stage is delayed or the operation of infrastructure facilities and systems of PPP projects or other works is interrupted in direct relation to PPP projects due to basic changes in circumstances as specified by the civil law and beyond the reasonable control by one party;”;

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

“d/ A change occurs in a relevant master plan, policy or law, thus causing a decrease in turnover compared to that stated in the financial plan provided in the contract within a rate limit agreed upon by the parties as specified in Clause 2, Article 82 of this Law;

dd/ There is an increase in turnover compared to that stated in the financial plan provided in the contract within a rate limit agreed upon by the parties as specified in Clause 1, Article 82 of this Law.”;

c/ To add Clause 4 below Clause 3 as follows:

“4. For projects proposed by investors and applying the form of investor appointment or investor selection in special cases, contracting parties shall annually update actual turnover of projects for use as a basis for adjustment of the contract terms under Point d or dd, Clause 3 of this Article.”.

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

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

“a/ The project is affected by force majeure events or changes in relevant master plans, policies and laws, and the parties, though having taken remedial measures, still fail to ensure continued performance of the PPP project contract;”;

b/ To add Point e below Point dd, Clause 2 as follows:

“e/ In case the actual revenue from scientific, technological and innovative products created by the PPP project enterprise is still lower than 50% of the expected revenue stated in the financial plan, though the reduced revenue-sharing mechanism specified in Clause 2a, Article 82 of this Law has been applied in the first 3 years after the commencement of commercial operation.”;

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

“c/ In the case specified at Point e, Clause 2 of this Article, when the investor or the PPP project enterprise has fully implemented the relevant procedures and regulations in the process of conducting scientific research and technological development activities in accordance with the law on science, technology and innovation and has the reduced revenue audited by the State Audit Office of Vietnam.”;

d/ To amend and supplement Clause 6a as follows:

“6a. The use of public investment capital for compensation and premature termination of a contract must comply with the following regulations:

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

In case the competent authority decides not to continue investing in the construction of works or infrastructure systems that have not been completed, the competent agency shall carry out the order and procedures for payment to the investor or the PPP project enterprise as specified at Point b of this Clause;

b/ In case the project contract is terminated during the stage of commercial operation, based on the decision of the competent authority specified in Clause 2, Article 93 or Clause 3, Article 94 of this Law, the competent agency shall report thereon to the competent authority for the latter to supplement capital sources into the medium-term and annual public investment plans or supplement the budget estimate into the central and local budget capital plan in accordance with the law on public investment and the law on the state budget. The activities specified at this Point shall be carried out in accordance with the order and procedures corresponding to each capital source specified in the law on public investment and the law on the state budget.”.

27. To amend and supplement a number of clauses of Article 54 as follows:

a/ To amend and supplement Clause 1 as follows:

“1. Investors have the right to transfer their shares and capital contributions to other investors; members of a joint-name entity have the right to transfer their shares and capital contributions to one another or to investors outside the joint-name entity.”;

b/ To amend and supplement the first paragraph of Clause 3 as follows:

“3. The transfer specified in Clause 1 of this Article must meet the following requirements:”;

c/ To amend and supplement Clause 5 as follows:

“5. In case the transfer specified in Clause 1 of this Article leads to changes in the content of its enterprise registration, the PPP project enterprise shall comply with the law on enterprises.”.

28. To amend and supplement Clause 2, Article 60 as follows:

“2. After completing the work or infrastructure system, the agency signing the contract and the PPP project enterprise shall conduct account-finalization for the construction investment capital of the work or infrastructure system. For PPP projects applying the form of open bidding or competitive negotiation to select investors, the account-finalization value of the construction investment capital of the work or infrastructure system or the account-finalization value of the investment capital for projects without construction components shall be determined based on the signed contract. For PPP projects applying the form of investor appointment or investor selection in special cases to select investors, the term of the contract shall be adjusted according to the account-finalization value in case the account-finalization value is lower than the contractual value.”.

29. To amend and supplement Point c, Clause 2a, Article 69 as follows:

“c/ PPP projects on science and technology; projects requiring transfer of high technologies, new and advanced technologies from private investors and requiring state capital at a level higher than that specified in Clause 2 of this Article to ensure the financial feasibility of the projects.”.

30. To amend and supplement a number of clauses of Article 82 as follows:

a/ To amend and supplement Clause 1 as follows:

“1. When the actual revenue is higher than the revenue stated in the financial plan in the PPP project contract and the difference ranges between over 110% and a rate exceeding 125%, the investor or the PPP project enterprise shall share with the State the revenue amount equivalent to 50% of such difference. The competent agency shall determine the specific rate of sharing the increased revenue during the negotiation process with the investor or the project enterprise. The sharing of the increased revenue shall be applied after adjusting the price/charge of products/public services and adjusting the term of the PPP project contract according to Articles 50, 51 and 65 of this Law and having the increased revenue audited by the State Audit Office of Vietnam.

For PPP projects on science and technology, the investor or the PPP project enterprise are required to share the increased revenue in the first 3 years after the time of commercial operation;”.

b/ To amend and supplement Clause 2 as follows:

“2. When the actual revenue is lower than the revenue stated in the financial plan in the PPP project contract and the difference ranges between below 90% and a rate lower than 75%, the State shall share with the investor or the PPP project enterprise the revenue amount equivalent to 50% of such difference. The competent agency shall determine the specific rate of sharing the reduced revenue during the negotiation process with the investor or the project enterprise. The sharing of the reduced revenue shall be applied when the following conditions are met:

a/ The project contract is a BOT, BTO or BOO contract;

b/ There are changes in relevant master plans, policies or laws, resulting in reduction of revenue;

c/ The financial plan is adjusted according to the highest price/charge of products/public services in the price framework or the term of the PPP project contract is adjusted to 50 years but the minimum revenue level cannot be guaranteed;

d/ The reduced revenue has been audited by the State Audit Office of Vietnam.”;

c/ To add Clause 2a below Clause 2 as follows:

“2a. For PPP projects on science and technology, in the first 3 years after the time of commercial operation, it is allowed to apply the sharing rate of 100% of the difference between the actual revenue and the revenue stated in the financial plan when such difference is negative. The sharing of the reduced revenue under this Clause shall be applied when the PPP project meets the conditions specified in Clause 2 of this Article.”;

d/ To amend and supplement the first paragraph of Clause 3 as follows:

“3. The mechanism for sharing the reduced revenue specified in Clause 2 of this Article shall be determined in the project approval decision and conform with the investment policy decision (if any). Based on the actual situation of the industry and locality regarding the availability of each capital source and the priority level of state budget expenditure tasks in each period, the competent agency of the project shall determine the feasible capital source to pay for the reduced revenue and report thereon to the competent authority according to the corresponding regulations for each capital source. The order of priority of capital sources is as follows:”;

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

“b/ Sources of increased revenue compared to the remaining budget estimates and expenditure estimates of the central budget, and sources of increased revenue compared to the remaining budget estimates and expenditure estimates of the local budget for development investment expenditures. The order and procedures for formulating and approving projects using sources of increased revenue compared to the remaining budget estimates and expenditure estimates of each budget level specified at this Point must comply with the law on public investment and the law on the state budget;”;

e/ To amend and supplement Clause 3a as follows:

“3a. For projects which are subject to investment policy decision or approved by the National Assembly, the Prime Minister, ministers, or heads of central agencies or other agencies, priority shall be given to using the central budget to pay for the reduced revenue. For projects which are subject to investment policy decision or approved by provincial-level People’s Councils or provincial-level People’s Committees, priority shall be given to using the local budget to pay for the reduced revenue. For a project implemented in 2 or more provincial-level administrative units, the provincial-level People’s Committee assigned to act as the competent agency shall reach consensus on the responsibilities of each locality to pay for the reduced revenue in the investment policy decision or project approval decision.”.

31. To amend and supplement Article 84 as follows:

“Article 84. Inspection of investment activities in the PPP form

1. Inspection of investment activities in the PPP form shall be conducted against competent agencies, contract-signing agencies, investors, PPP project enterprises and agencies, organizations and individuals related to investment activities in the PPP form as prescribed in this Law.

2. The organization and inspection of investment activities in the PPP form must comply with the law on inspection.”.

32. To amend and supplement Clauses 1 and 3, Article 94 as follows:

a/ To amend and supplement Clause 1 as follows:

“1. To organize the formulation of prefeasibility study reports, investment policy proposal reports, and feasibility study reports for PPP projects; to organize the selection of investors; to negotiate and sign PPP project contracts according to the competence prescribed in this Law.”;

b/ To amend and supplement Clause 3 as follows:

“3. To decide to terminate or suspend PPP project contracts for projects for which they are competent to sign contracts.”.

33. To add Article 99a below Article 99 as follows:

“Article 99a. Handling of problems arising from reduction of revenue of BOT transport projects signed before the effective date of this Law

1. For BOT projects in the road sector with contracts signed before January 1, 2021, the State shall share with investors or PPP project enterprises at a certain rate for the difference between the revenue stated in the financial plan and the actual revenue.

2. The sharing of the reduced revenue of a project as specified in Clause 1 of this Article shall be applied when the following conditions are met:

a/ The project is affected by changes in relevant master plans, policies and laws of the State but, after applying adjustment measures prescribed by law and adjusting road tolls and the term of the project contract, the actual revenue of the last 3 years is lower than 75% of the revenue stated in the financial plan in the PPP project contract and the adjusted financial plan still fails to ensure efficiency;

b/ The project contract has not specified the content on application of the mechanism for sharing the increased or reduced revenue;

c/ The contract-signing agency has negotiated with the investor or the project enterprise and the lender on the rate of return on equity, loan interest rate, and debt repayment plan in the financial plan. In case the adjusted financial plan does not ensure feasibility, the mechanism for sharing the reduced revenue specified in this Article shall not be applied;

d/ The State Audit of Vietnam has audited the reduced revenue and the amount shared by State.

3. The sharing of the reduced revenue specified in Clause 2 of this Article shall be carried out once and does not require the performance of the procedure for adjusting investment policy or adjusting projects. Ministers or provincial-level People’s Committee chairpersons shall decide on the application of the mechanism for sharing the reduced revenue and the sharing rate for projects they have approved in accordance with the Government’s regulations, ensuring fairness and transparency while not resulting in increase in road tolls and toll collection time according to the signed contracts.

4. The capital sources to pay for the reduced revenue specified in this Article must comply with Clause 3, Article 82 of this Law.

5. The Government shall detail this Article.”.

34. To annul Clauses 7, 12 and 14 of Article 3; Article 6; Clauses 2 and 3 of Article 14; Articles 15, 16 and 17; Clause 4 of Article 18; Articles 19, 20, 22 and 23; Clause 4 of Article 24; Articles 25 and 27; Clause 5 of Article 29; Clause 2 of Article 37; Article 41; Clause 4 of Article 45; Clause 2, and Point b, Clause 4, of Article 54; Point b, Clause 2 of Article 89; and Articles 90 and 91. To annul Article 96 and replace the phrase “in Article 96 of this Law” in Clauses 1 and 2 of Article 95 with the phrase “of the Government”.

Article 3. To amend and supplement a number of articles of the Customs Law

1. To amend and supplement Article 42 as follows:

“Article 42. Conditions for applying the priority regime

1. Enterprises shall be recognized as entitled to the priority regime when fully meeting the following conditions:

a/ Having abided by the customs law and tax laws for 2 consecutive years;

b/ Having annual export and import turnover reaching the law-specified level;

c/ Carrying out electronic customs procedures and electronic tax procedures; having their import-export management software or information technology system connected or shared with customs offices;

d/ Making via-bank payment;

dd/ Having an internal control system;

e/ Strictly abiding by the laws on accounting and auditing.

2. Enterprises announced by the Ministry of Science and Technology as hi-tech enterprises; enterprises newly established under investment projects manufacturing hi-tech products; enterprises implementing strategic technology projects; enterprises implementing projects to manufacture key digital technology products, projects to research and develop, design, manufacture, package and test semiconductor chip products, or projects to build artificial intelligence data centers; and enterprises implementing projects to manufacture direct auxiliary products in the semiconductor industry shall be recognized as entitled to the priority regime when meeting the conditions specified at Points c, d, dd and e, Clause 1 of this Article.

3. Priority enterprises belonging to countries and territories that have signed mutual recognition agreements on priority enterprises with Vietnam shall be entitled to the priority regime in accordance with this Law.

4. The Government shall specify the conditions and procedures for recognition as entitled to, extension, suspension and termination of application of, the priority regime, and management of enterprises entitled to the priority regime.”.

2. To add Clause 4 below Clause 3, Article 43 as follows:

“4. Enterprises specified in Clause 2, Article 42 of this Law shall be entitled to the priority regime for exported and imported goods related to the semiconductor industry, high technologies, strategic technologies and key digital technologies based on the list announced by the Ministry of Science and Technology.

The commodity codes in the list specified in this Clause coincide with those in the Vietnam’s Nomenclature of Imports and Exports.”.

3. To add Article 47a below Article 47 as follows:

“Article 47a. Customs inspection and supervision of on-site imports and exports

1. On-site imports and exports are goods delivered and received in Vietnam as designated by foreign traders under purchase and sale, processing, leasing, or borrowing contracts between Vietnamese enterprises and foreign traders.

2. On-site imports and exports must go through customs procedures and be subject to customs inspection and supervision.

3. The Government shall detail this Article.”.

Article 4. To amend and supplement a number of articles of the Law on Value-Added Tax

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

“a/ Exported goods include: goods sold from Vietnam to organizations and individuals abroad and consumed outside Vietnam; goods sold from mainland Vietnam to organizations in non-tariff zones and consumed in non-tariff zones to directly serve export production activities; goods sold in quarantine areas to individuals (foreigners or Vietnamese) who have completed exit procedures; goods sold at duty-free shops; and goods on-site exports;”.

Article 5. To amend and supplement a number of articles of the Law on Import Duty and Export Duty

1. To annul Clause 18, Article 16.

2. To replace the number “18” in Clause 1, Article 17 with “Points b, c and d, Clause 21”.

3. To amend and supplement Clause 21, Article 16 as follows:

“21. Imported goods for the development of science, technology, innovation and the digital technology industry, including:

a/ Imported goods being specialized machinery, equipment, spare parts and supplies, documents, and specialized scientific books and newspapers directly used for science, technology, innovation and the digital technology industry;

b/ Imported goods to create fixed assets of investment projects to develop science, technology, innovation and the digital technology industry in accordance with the law on investment, the law on science, technology and innovation and the law on the digital technology industry; investment projects include new investment projects and expanded investment projects.

Imported goods to create fixed assets specified at this Point are the goods specified at Points a, b and c, Clause 11 of this Article;

c/ Raw materials, supplies and components imported to serve production and research activities of science and technology organizations, hi-tech enterprises and enterprises established under investment projects to produce hi-tech products that have been granted a Certificate in accordance with the law on high technology, science and technology enterprises and innovation centers, which are exempt from import duty for 5 years from the time of commencement of research and production activities;

d/ Imported goods being raw materials, supplies and components that cannot be produced domestically and directly serve the production of digital technology products; and imported raw materials, supplies and components for research and trial production of research and development centers.”.

Article 6. To amend and supplement a number of articles of the Law on Investment

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

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

“a/ Hi-tech activities, hi-tech supporting industrial products, research and development activities, production of products formed from scientific and technological outcomes in accordance with the law on science, technology and innovation; investment in construction of big data center infrastructure, cloud computing infrastructure, 5G and next-generation mobile infrastructure and other digital infrastructure in strategic technology sectors according to the Prime Minister’s decisions; investment in strategic technology sectors and production of strategic technology products according to the Prime Minister’s decisions; and investment in the field of innovation and digital transformation in accordance with the law on science, technology and innovation;”;

b/ To add Point a1 below Point a, Clause 1 as follows:

“a1/ Training human resources in the field of science, technology, innovation and digital transformation;”;

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

“d/ Production of digital technology products, provision of digital technology services;”;

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

“h/ Investment in development and operation/management of infrastructure works; development of urban mass transit; railway transport business; railway industry and training of railway human resources.”;

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

“b/ Industrial parks, export processing zones, hi-tech parks, concentrated digital technology zones and economic zones.”.

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

“1. Based on relevant master plans that have been decided or approved in accordance with the planning law, ministries, ministerial-level agencies and provincial-level People’s Committees shall formulate investment development plans and organize the construction of technical infrastructure and social infrastructure systems outside the fences of industrial parks, export processing zones, hi-tech parks, concentrated digital technology zones, and functional areas of economic zones; industrial parks with workers’ lodging facilities must also comply with the Housing Law.”.

3. To amend and supplement a number of points of Clause 2, Article 20 as follows:

a/ To amend and supplement Point a as follows:

“a/ New investment projects (including the expansion of such projects) to establish innovation centers, and research and development centers; investment projects to build big data center infrastructure, cloud computing infrastructure, 5G or next-generation mobile infrastructure and other digital infrastructure in strategic technology sectors according to the Prime Minister’s decisions; and investment projects in strategic technology sectors and production of strategic technology products according to the Prime Minister’s decisions that have a total investment of VND 3 trillion or more and disburse at least VND 1 trillion within 3 years after being granted the investment registration certificate or obtaining investment policy approval; and national innovation centers established according to the Prime Minister’s decisions;”;

b/ To add Point a1 below Point a as follows:

“a1/ Investment projects for manufacturing key digital technology products; projects for research and development, design, production, packaging and testing of semiconductor chips; and projects for building artificial intelligence data centers in accordance with the law on digital technology industry that have a total investment of at least VND 6 trillion and disburse at least VND 6 trillion within 5 years after being granted the investment registration certificate or obtaining investment policy approval;”;

c/ To amend and supplement Point b as follows:

“b/ Investment projects (including new investment projects and expanded investment projects) in sectors and trades eligible for special investment incentives that have a total investment of at least VND 30 trillion and disburse at least VND 10 trillion within 3 years after being granted the investment registration certificate or obtaining investment policy approval.”.

4. To add Point d below Point c, Clause 1, Article 22 as follows:

“d/ Foreign investors are allowed to establish economic organizations to implement investment projects before carrying out procedures for granting or adjusting investment registration certificates for investment projects to establish innovation centers or research and development centers; and investment projects to build big data center infrastructure, cloud computing infrastructure, 5G or next-generation mobile infrastructure and other digital infrastructure in strategic technology sectors according to the Prime Minister’s decisions; and investment projects in strategic technology sectors or production of strategic technology products according to the Prime Minister’s decisions.”.

5. To amend and supplement Point c, Clause 4, Article 29 as follows:

“c/ Investors implementing investment projects in industrial parks, hi-tech parks or concentrated digital technology parks;”.

6. To annul Point a, Clause 1, Article 30.

7. To amend, supplement or annul a number of points and clauses of Article 31 as follows:

a/ To annul Points a, b, c, d, dd and g of Clause 1, and Clause 3;

b/ To add Point g2 below Point g1, Clause 1 as follows:

“g2/ Nuclear power plants;”.

8. To amend and supplement a number of points and clauses of Article 32 as follows:

a/ To add Points g, h, i and k below Point e, Clause 1 as follows:

“g/ Investment projects requiring resettlement of 10,000 or more people in mountainous areas, or 20,000 or more people in other areas;

h/ Investment projects to build: airports and aerodromes; runways of airports and aerodromes; passenger terminals of international airports; and cargo terminals of airports and aerodromes with a capacity of 1 million tons/year or more;

i/ New investment projects in air passenger transport business;

k/ Oil and gas processing investment projects.”;

b/ To amend and supplement Points b, dd and e, Clause 1 as follows:

“b/ Investment projects in the construction of houses (for sale, lease and lease-purchase) and urban areas, regardless of land use scale or population scale;

dd/ Investment projects in the construction and commercial operation of infrastructure of industrial parks, export processing zones or concentrated digital technology zones;

e/ Investment projects in the construction of ports or port areas of special seaports and class-I seaports;”;

c/ To add Clause 1a below Clause 1 as follows:

“1a. Investment projects that are simultaneously subject to investment policy approval by 2 or more provincial-level People’s Committees must comply with the Government’s regulations.”.

9. To amend and supplement Article 33 as follows:

“Article 33. Dossiers and contents of appraisal of investment policy approval proposals

The dossiers and contents of appraisal of investment policy approval proposals must comply with the Government’s regulations.”.

10. To amend and supplement Article 34 as follows:

“Article 34. Procedures for investment policy approval by the National Assembly

1. The Ministry of Finance shall propose the Prime Minister to establish a State Appraisal Council to appraise projects subject to investment policy approval by the National Assembly in accordance with Article 30 of this Law.

2. A dossier of application for investment policy approval must comprise:

a/ A report of the Government;

b/ The investment project proposal and related documents as prescribed by the Government;

c/ An appraisal report of the State Appraisal Council;

d/ Other relevant documents.

3. Contents of verification of the proposal for investment policy approval:

a/ Satisfaction of the criteria for the investment project to be regarded as being subject to investment policy approval by the National Assembly;

b/ The necessity for implementing the investment project;

c/ The conformity of the investment project with the relevant national-level strategies and master plans, regional master plans, provincial master plans, urban master plans and master plans of special administrative-economic units (if any);

d/ Objectives, scale, location, time, and progress of implementation of the investment project, land use needs, site clearance, relocation and resettlement plan, main technology selection plan, and environmental protection solutions;

dd/ Total investment capital, capital sources;

e/ Assessment of socio-economic efficiency, and assurance of national defense, security and sustainable development of the investment project;

g/ Special mechanisms and policies, investment incentives and support and conditions for application thereof (if any).

4. The Government and related agencies, organizations and individuals shall provide sufficient information and documents for the verification; explain about issues related to the contents of the investment project when requested by the National Assembly’s agency in charge of the verification.

5. At least 60 days before the opening date of the National Assembly’s session, the Government shall prepare and submit a dossier of application for  investment policy approval to the National Assembly’s agency in charge of verification.

6. The National Assembly shall consider and adopt a resolution on investment policy approval with the contents specified in Clause 1, Article 3 of this Law.

7. The dossier, order and procedures for appraisal of investment projects subject to investment policy approval by the National Assembly and the order and procedures for appraisal by the State Appraisal Council must comply with the Government’s regulations.”.

11. To amend and supplement Article 35 as follows:

“Article 35. Order and procedures for investment policy approval by the Prime Minister

The dossier, order and procedures for appraisal of investment projects subject to investment policy approval by the Prime Minister must comply with the Government’s regulations.”.

12. To amend and supplement Article 36 as follows

“Article 36. Order and procedures for investment policy approval by provincial-level People’s Committees

The dossier, order and procedures for appraisal of investment projects subject to investment policy approval by provincial-level People’s Committees must comply with the Government’s regulations.”.

13. To amend and supplement a number of points and clauses of Article 36a as follows:

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

“1. Except the investment projects specified in Article 30 of this Law, investors have the right to choose to apply for investment registration according to this Article for investment projects in industrial parks, export processing zones, hi-tech parks, concentrated digital technology zones, free-trade zones and functional areas in economic zones in the following fields:”;

b/ To add Point c below Point b, Clause 1 as follows:

“c/ Investment projects to build big data center infrastructure, cloud computing infrastructure, 5G or next-generation mobile infrastructure and other digital infrastructure in strategic technology sectors according to the Prime Minister’s decisions; and investment projects in strategic technology sectors and manufacture of strategic technology products according to the Prime Minister’s decisions.”;

c/ To amend and supplement Clause 2 as follows:

“2. The investment registration dossier must comprise the documents specified in Article 33 of this Law, in which the proposal to implement the investment project includes a commitment to meeting the conditions, standards and technical regulations specified in the laws on construction, environmental protection, and fire prevention and fighting; the investment project proposal includes identification, forecast of environmental impacts and measures to minimize adverse impacts on the environment in lieu of a preliminary environmental impact assessment.”.

14. To amend and supplement Article 38 as follows:

“Article 38. Procedures for granting investment registration certificates

Conditions, dossiers, order and procedures for granting investment registration certificates must comply with the Government’s regulations.”.

15. To amend and supplement Clause 2, Article 44 as follows:

“2. The duration of an investment project outside an economic zone must not exceed 50 years. For an investment project implemented in a geographical area with difficult socio-economic conditions or a geographical  area with extremely difficult socio-economic conditions, or an investment project with large investment capital but slow capital recovery; an investment project om construction and commercial operation of infrastructure of a hi-tech park, a hi-tech industrial park or a concentrated digital technology park; or a project eligible for special investment incentives and support as specified at Point a, Clause 2, Article 20 of this Law, the duration of the project may be longer but must not exceed 70 years.”.

16. To amend and supplement Article 70 as follows:

“Article 70. Investment inspection, monitoring and evaluation

1. Investment inspection, monitoring and evaluation activities include:

a/ Inspection, monitoring and evaluation of investment projects;

b/ Overall inspection, monitoring and evaluation of investment.

2. Responsibilities for investment inspection, monitoring and evaluation:

a/ State management agencies in charge of investment and specialized state management agencies shall conduct overall inspection, monitoring and evaluation of investment and inspection, monitoring and evaluation of investment projects falling under their management;

b/ Investment registration agencies shall conduct inspection, monitoring and evaluation of  investment projects for which they grant investment registration certificates.

3. Contents of investment project inspection, monitoring and evaluation:

a/ For investment projects using state capital for business investment, state management agencies in charge of investment and specialized state management agencies shall conduct inspection, monitoring and evaluation the investment projects based on the contents and criteria approved in the investment decisions;

b/ For investment projects using other capital sources, the state management agencies in charge of investment and specialized state management agencies shall conduct inspection, monitoring and evaluation of the objectives and conformity of the investment projects with relevant master plans and investment policy approved by competent authorities, the implementation progress, the implementation of requirements on environmental protection, technology, and use of land and other resources in accordance with law;

c/ The investment registration agency shall conduct inspection, monitoring and evaluation of the contents specified in the Investment Registration Certificate and the investment policy approval document.

4. The contents of the overall inspection, monitoring and evaluation of investment include:

a/ Issuance of legal documents detailing and guiding implementation; implementation of the law on investment;

b/ Status of implementation of investment projects;

c/ Evaluation of investment implementation results of the whole country, ministries, ministerial-level agencies and localities, investment projects according to decentralization;

d/ Recommendations to state management agencies at the same level, or higher-level state management agencies in charge of investment on investment evaluation results and measures to handle difficulties and violations of the law on investment.

5. Agencies and organizations conducting inspection and evaluation shall conduct the inspection and evaluation themselves or hire experts and consulting organizations with sufficient conditions and capacity to conduct investment evaluation.

6. The inspection and audit of investment projects’ activities must comply with the law on inspection and the law on auditing.

7. The Government shall detail this Article.”.

17. To add Clause 3a below Clause 3, Article 77 as follows:

“3a. For a secondary project in an urban area that commenced to be implemented before January 1, 2021, has been granted a land use rights certificate and has fulfilled land-related financial obligations, but now cannot be implemented or is no longer needed and is not subject to operation termination as specified in Article 48 of this Law, the whole or part of the project may be transferred together with the transfer of land use rights and land-attached assets.

The investor as transferee shall take over the rights and obligations of the investor as transferor for the transferred part of the project to continue implementation; and may have investment policy approved or adjusted, and the investment registration certificate issued or modified for the transferred part of the project when so wishing in accordance with the Government’s regulations.”.

18. To supplement or annul a number of ordinal numbers in Appendix IV on the List of sectors and trades subject to conditional business investment as follows:

a/ To add ordinal numbers 233 and 234 below ordinal number 232 as follows:

b/ To annul the urban railway business line in ordinal number 97.

Article 7. To amend and supplement a number of articles of the Law on Public Investment

1. To add Clause 5 below Clause 4, Article 3 as follows:

“5. Investment tasks and projects receiving lawful donations from organizations or individuals and proposed not to be included in state budget estimates shall not be regulated by this Law.”.

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

a/ To amend and supplement Clause 4 as follows:

“4. Ministries, central agencies and localities means agencies and organizations that are assigned public investment plans by the Prime Minister, including:

a/ Ministries and central agencies: central bodies of political organizations, the Supreme People’s Procuracy, the Supreme People’s Court, the State Audit Office of Vietnam, the Office of the Party Central Committee, the Office of the President, the Office of the National Assembly, ministries, ministerial-level agencies, government-attached agencies, central bodies of the Vietnam Fatherland Front and of socio-political organizations; and state enterprises, and other agencies, organizations and enterprises that are assigned in writing by competent state agencies to perform public investment tasks and projects; 

b/ Provincial-level People’s Committees.”;

b/ To add Clause 14a below Clause 14 as follows:

“14a. Special public investment project means a public investment project implemented under the direction of the Political Bureau, the Party Central Committee’s Secretariat, or the Party Committee of the Government.”;

c/ To amend and supplement Clause 18 as follows:

“18. Public investment activities include formulation and appraisal of, and investment policy decision or investment decision for, public investment programs, tasks and projects; formulation, appraisal, approval, assignment and implementation of public investment plans; management and use of public investment capital; acceptance testing, payment, account-finalization and handover of public investment projects; and monitoring and evaluation, examination and inspection of public investment plans, programs, tasks and projects.”;

d/ To amend and supplement Clause 20 as follows:

“20. Investment preparation tasks means activities aiming to formulate, appraise, and decide on investment policy for; and formulate, appraise, and decide on investment in, projects.”;

dd/ To amend and supplement Clause 22 as follows:

“22. Outstanding debts in capital construction means the value of the job volume of a program/task/project which has undergone acceptance testing but for which the competent authority has not yet assigned a medium-term public investment plan, not applicable to urgent public investment projects, special public investment projects, and projects that have been transitioned to the medium-term public investment plan of the subsequent period.”.

3. To amend and supplement Point b, Clause 5, Article 9 as follows:

“b/ Science, technology, innovation, environment, digital technology, radio, television, finance and banking;”.

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

a/ To amend and supplement Clause 1 as follows:

“1. Deciding on investment policy or deciding on adjustment of investment policy not in conformity of relevant strategies, master plans or plans; failing to identify capital sources and capital-balancing capacity, except projects not subject to investment policy decision as specified in Clause 6, Article 19 of this Law; failing to comply with regulations on competence, order and procedures.”;

b/ To amend and supplement Clause 2 as follows:

“2. Deciding on investment in programs and projects without obtaining the competent authority’s investment policy decision under regulations; deciding on investment in or deciding on adjustment of programs or projects ultra vires, or in contravention of the contents on objectives and location, or with capital amount exceeding the level of public investment capital stated in the investment policy decided by the competent authority.”.

5. To amend and supplement or annul a number of points and clauses of Article 18 as follows:

a/ To annul Clause 6; Point c, Clause 7; and Clause 8;

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

“b/ National important projects, except the projects specified at Point a, Clause 2, Article 8 of this Law.”;

c/ To amend and supplement Clause 3 as follows:

“3. The Prime Minister shall decide on investment policy for the projects specified at Point a, Clause 2, Article 8 of this Law.”;

d/ To amend and supplement Clause 4 as follows:

“4. Ministers and heads of central agencies shall decide on investment policy for ODA/foreign concessional loan-funded programs, and group-A, group-B and group-C projects managed by their ministries and agencies.”;

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

“b/ Group-A projects funded by local budgets at all levels, including also target transfers from the central budget or lawful capital sources of localities in provincial-level localities, and group-A projects each implemented in 2 or more provincial-level administrative units and with provincial-level People’s Committees acting as the managing agencies under the Prime Minister’s decisions;”;

e/ To add Point c below Point b, Clause 5 as follows:

“c/ Group-A projects wholly funded by local budgets for supporting the performance of the central budget’s spending tasks in accordance with the law on the state budget, after reaching consensus with related ministries and central agencies, or the agencies or organizations assigned to directly manage the projects.”;

g/ To add Point d below Point c, Clause 7 as follows:

“d/ Group-B and group-C projects wholly funded by local budgets for supporting the performance of the central budget’s spending tasks in accordance with the law on the state budget, after reaching consensus with related ministries and central agencies, or the agencies or organizations assigned to directly manage the projects.”;

h/ To amend and supplement Clause 9 as follows:

“9. Commune-level People’s Committees shall decide on investment policy for:

a/ Group-B and group-C projects funded by local budgets, including also target transfers from higher-level budgets, and lawful capital sources of the localities under their management; and,

b/ Group-B and group-C projects each implemented in 2 or more commune-level administrative units for which the commune-level People’s Committees are assigned by the Chairpersons of provincial-level People’s Committees to decide on investment policy.”;

i/ To amend and supplement Clause 10 as follows:

“10. The Members’ Councils or the Company Presidents or the Boards of Directors of state enterprises shall decide on investment policy for group-A, group-B and group-C projects in which they are assigned to invest under the Prime Minister’s decisions.”;

k/ To amend and supplement Point b, Clause 12 as follows:

“b/ The order and procedures for deciding on investment policy for projects funded by local budgets and implemented by central agencies, and projects funded by commune-level budgets and implemented by provincial-level agencies;”;

l/ To add Point d below Point c, Clause 12 as follows:

“d/ The order and procedures for deciding on investment policy of projects subject to the Prime Minister’s investment policy decision.”.

6. To add Points c1 and c2 below Point c, Clause 6, Article 19 as follows:

“c1/ Special public investment projects;

c2/ Local railway construction investment projects and local railway projects implemented under the transit-oriented development (TOD) model that are included in the master plans approved by competent authorities;”.

7. To amend and supplement a number of points and clauses of Article 20 as follows:

a/ To amend and supplement Clause 2 as follows:

“2. The Prime Minister shall establish the State Appraisal Council with a minister or the head of a ministerial-level agency acting as the Chairperson to appraise investment policy proposal reports for national target programs or prefeasibility study reports for national important projects. The establishment of the State Appraisal Council shall be carried out concurrently with the preparation of investment policy proposal reports for national target programs or the preparation of prefeasibility study reports for national important projects.”;

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

“b/ Objectives, scale, total investment, location and duration of implementation, and mechanisms, solutions and policies for implementation, for national important projects.”.

8. To amend and supplement Point dd, Clause 2, Article 22 as follows:

“dd/ The program/project’s basic parameters, including objectives, scale, form of investment, scope, location, land use needs, implementation duration and schedule, environmental protection solutions, capital sources, and capacity to recover capital and repay loans;”.

9. To amend and supplement Clause 2, Article 23 as follows:

“2. The Prime Minister shall establish interdisciplinary councils for, or assign ministries or ministerial-level agencies to assume the prime responsibility for, coordinate with related agencies in, appraising investment policy proposal reports. The establishment of the appraisal councils shall be carried out concurrently with the preparation of investment policy proposal reports of the programs.”.

10. To amend and supplement Point a, Clause 1, Article 25 as follows:

“a/ To assign their attached units, including also attached public non-business units or commune-level People’s Committees, to prepare prefeasibility study reports;”.

11. To amend and supplement Article 26 as follows:

“Article 26. Order and procedures for deciding on investment policy for ODA/foreign concessional loan-funded programs, and group-A, group-B and group-C projects subject to investment policy decision by ministers or heads of central agencies

1. Ministers and heads of central agencies have the following responsibilities:

a/ To assign their attached units, including also attached public non-business units, to prepare prefeasibility study reports or investment policy proposal reports;

b/ To establish appraisal councils or assign functional units to appraise prefeasibility study reports or investment policy proposal reports, and appraise and evaluate capital sources and capital-balancing capacity;

c/ To direct the units specified at Point a of this Clause in finalizing prefeasibility study reports or investment policy proposal reports based on the appraisal opinions.

2. Ministers and heads of central agencies shall decide on investment policy, including objectives, scale, total investment, structure of capital sources, implementation location and duration, and capital allocation plan.”.

12. To amend and supplement the title of Article 28 as follows:

“Article 28. Order and procedures for deciding on investment policy for projects subject to investment policy decision by People’s Committees at all levels”.

13. To amend and supplement Article 31 as follows:

“Article 31. Order and procedures for deciding on investment policy for a project implemented in 2 or more commune-level administrative units

1. The Chairperson of the provincial-level People’s Committee shall consider and decide to assign one commune-level People’s Committee to decide on investment policy for a project implemented in 2 or more commune-level administrative units. In case a project is implemented by a provincial-level authority, the provincial-level People’s Committee shall decide on the project’s investment policy.

2. The order and procedures for deciding on investment policy of the projects must comply with Article 28 of this Law.”.

14. To amend and supplement Article 36 as follows:

“Article 36. Decentralization for appraisal and evaluation of capital sources and capital-balancing capacity of programs and projects

1. The appraisal and evaluation of capital sources and capital-balancing capacity constitute one of the contents of investment policy appraisal.

2. The Ministry of Finance shall assume the prime responsibility for evaluating capital sources and capital-balancing capacity for:

a/ National target programs;

b/ National important projects;

3. The Ministry of Finance shall appraise capital sources and capital-balancing capacity for public investment programs with investment policy decided by the Government.

4. Ministers and heads of central agencies shall organize the appraisal of capital sources and capital-balancing capacity for projects using public investment capital under their ministries’ and agencies’ management based on the limits specified in Article 36a of this Law.

5. Chairpersons of People’s Committees at all levels shall organize the appraisal of capital sources and capital-balancing capacity for programs and projects using public investment capital under their People’s Committees’ management based on the limits specified in Article 36a of this Law.

6. For ODA/foreign concessional loans, the competent agencies specified in Clauses 2, 3, 4 and 5 of this Article shall base themselves on letters of expression of interest or written commitments of foreign donors to evaluate capital sources and capital-balancing capacity according to the Government’s regulations.”.

15. To add Article 36a below Article 36 as follows:

“Article 36a. Limits for appraisal of capital sources and capital-balancing capacity

1. Ministries, central agencies and localities may take the initiative in making investment preparations and approving investment policy for programs and projects to be included in the public investment plan of the subsequent period. The limit used for appraising capital sources and capital-balancing capacity of a program or project must not exceed twice the capital level stated in the medium-term public investment plan of the current period that has been allocated by capital source to ministries, central agencies and localities.

In case ministries, central agencies or localities are not allocated capital for the medium-term public investment plan of the current period or the programs or projects assigned to them for implementation require investment policy approval and have the total investment exceeding the limit specified in this Clause, the Prime Minister shall consider and decide thereon, for projects using central budget funds, or provincial-level People’s Committees shall consider and decide thereon, for projects using local budgets.

2. After receiving a notice of the total investment for the public investment plan of the subsequent period as specified in Clause 4, Article 59 of this Law, the concerned ministry, central agency or locality shall make arrangements in the order of priority for capital allocation specified in Article 54 of this Law.

3. The Government shall detail this Article.”.

16. To amend and supplement a number of points and clauses of Article 37 as follows:

a/ To amend and supplement Clause 2 as follows:

“2. The adjustment of investment policy for a program/project shall be made in case the program/project sees a change in objectives or location or an excess of the level of public investment capital as compared to those stated in investment policy for the program/project.”;

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

“dd/ Article 31 of this Law, for projects each implemented in 2 or more commune-level administrative units and with the commune-level People’s Committee acting as the investment policy-deciding authority.”.

17. To amend, supplement or annul a number of Article 38 as follows:

a/ To annul Clause 1;

b/ To amend and supplement Clause 2 as follows:

“2. Ministers and heads of central agencies have the following competence:

a/ To decide on investment in national target programs and national important projects for which investment policy has been decided by the National Assembly, public investment programs for which investment policy has been decided by the Government, and public investment projects for which investment policy has been decided by the Prime Minister, and of which their ministries or agencies act as the owners or managing agencies;

b/ To decide on investment in ODA/foreign concessional loan-funded programs, and group-A, group-B and group-C projects under their management;

c/ To decentralize or authorize their attached agencies and units to decide on investment in the group-B and group-C projects specified at Point b of this Clause;

d/ Based on the specific conditions of projects, to assign specialized construction investment project management units or regional construction investment project management units to act as the project owners. In case no project management units are available or the project management units are available but are unqualified to act as the project owners, to decide to assign agencies/organizations with management experience and capacity to act as the project owners, and take responsibility for their decision.”;

c/ To amend and supplement Clause 3 as follows:

“3. Chairpersons of provincial-level People’s Committees shall decide on investment in:

a/ National important projects for which investment policy has been decided by the National Assembly and of which provincial-level People’s Committees act as the managing agencies;

b/ Public investment programs and group-A projects for which investment policy has been decided by provincial-level People’s Councils;

c/ Group-B and group-C projects for which investment policy has been decided by provincial-level People’s Committees;

d/ Group-B and group-C projects funded by ODA/foreign concessional loans; and projects funded by non-refundable ODA.”;

d/ To amend and supplement Clause 4 as follows:

“4. Chairpersons of commune-level People’s Committees shall decide on investment in group-B and group-C projects under commune-level authorities’ management.”;

dd/ To amend and supplement Clause 5 as follows:

“5. Chief Executive Officers of state enterprises shall decide on investment in projects funded by non-refundable ODA; and decide on group-A, group-B and group-C projects for which investment policy has been decided by the Members’ Councils or Company Presidents or Boards of Directors.”.

18. To amend and supplement Article 40 as follows:

“Article 40. Procedures for formulation and appraisal of, and decision on investment in, national target programs

1. Based on investment policy decided by the National Assembly, ministers or heads of central agencies acting as program owners have the following responsibilities:

a/ To assign their specialized agencies or attached units, including also attached public non-business units, to prepare feasibility study reports for the programs;

b/ To assign functional units or agencies or establish councils to appraise feasibility study reports for the contents specified in Clause 1, Article 47 of this Law.

The appraisal councils or units or agencies in charge of the appraisal may invite organizations or individuals with expertise and experience to participate in the appraisal of feasibility study reports;

c/ To direct the units and agencies specified at Point a of this Clause to finalize the feasibility study reports based on the appraisal opinions.

2. Ministries and heads of central agencies shall decide on investment in national target programs.”.

19. To amend and supplement Article 41 as follows:

“Article 41. Procedures for formulation and appraisal of, and decision on investment in, public investment programs subject to the Government’s investment policy decision

1. Based on investment policy decided by the Government, ministers and heads of central agencies acting as the program owners have the following responsibilities:

a/ To assign their specialized agencies or attached units, including also attached public non-business units, to prepare feasibility study reports for the programs;

b/ To assign functional units or agencies or establish councils to appraise feasibility study reports for the contents specified in Clause 1, Article 47 of this Law.

The appraisal councils or units or agencies in charge of the appraisal may invite organizations or individuals with expertise and experience to participate in the appraisal of feasibility study reports;

c/ To direct the units and agencies specified at Point a of this Clause to finalize the feasibility study reports based on the appraisal opinions.

2. Ministers and heads of central agencies shall decide on investment in public investment programs.”.

20. To amend and supplement Clause 1, Article 43 as follows:

“1. Procedures for formulation and appraisal of, and decision on investment in, national important projects:

Based on investment policy decided by the National Assembly or the Prime Minister, ministers, heads of central agencies, and Chairpersons of provincial-level People’s Committees acting as the project-managing agencies have the following responsibilities:

a/ To assign their specialized agencies or attached units, including also attached public non-business units, to prepare feasibility study reports for the projects;

b/ To assign functional units or agencies or establish councils to appraise prefeasibility study reports for the contents specified in Clauses 2 and 3, Article 47 of this Law.

The appraisal councils or units or agencies in charge of the appraisal may invite organizations and individuals with expertise and experience to participate in the appraisal of feasibility study reports;

c/ To direct the units and agencies specified at Point a of this Clause in finalizing the feasibility study reports based on the appraisal opinions;

d/ Ministers, heads of central agencies and Chairperson of provincial-level People’s Committees shall decide on investment in national important projects.”.

21. To add Article 45a below Article 45 as follows:

“Article 45a. Order and procedures for investment decision for special public investment projects

1. Based on direction by the Political Bureau, the Secretariat of the Party Central Committee and the Party Committee of the Government, ministers, and heads of central agencies, chairpersons of provincial-level People’s Committees shall organize the formulation and appraisal of feasibility study reports, economic-technical reports and investment decisions of special public investment projects under their management.

2. Project owners may decide on their own all matters in investment activities for project implementation, ensuring its progress and quality, and may apply the measures specified at Points a, b, and c of this Clause when necessary, and take responsibility for their own decisions:

a/ To apply the form of contractor appointment for projects’ bidding packages;

b/ To implement projects by the design-build method and apply fast-track order and procedures in accordance with the laws on the state budget, bidding, construction, urban planning, environmental protection, minerals, and other relevant laws;

c/ To apply specific cost norms for making, appraising and approving project cost estimates. The Government shall assign ministries and central agencies to promulgate specific cost norms for such projects.”.

22. To amend and supplement Clause 5, Article 46 as follows:

“5. In case there is a change in one of the following contents: objectives, location, excess of the level of public investment capital compared to the total investment stated in the competent authority’s investment policy decision, the program/project must undergo the order and procedures for decision on investment policy adjustment before the competent authority decides on adjustment of the program/project.”.

23. To amend and supplement Point a, Clause 4, Article 54 as follows:

“a/ Special public investment projects, urgent public investment projects;”.

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

“1. Programs, projects, tasks and other objects of public investment must be included in medium-term public investment plans, except urgent public investment projects, special public investment projects and investment projects funded by non-refundable ODA.”.

25. To amend and supplement Point d, Clause 3, Article 57 as follows:

“d/ Past the permitted extended time limit specified at Points b and c of this Clause, if it is required to further extend the time limit for allocating capital for a project, the project-managing agency shall review responsibilities of related units and individuals, and report thereon to the Prime Minister for the latter to consider and decide on extension of the time limit for capital allocation, for projects funded by the central budget; People’s Committees shall review responsibilities of related units and individuals, and report thereon to same-level People’s Councils for the latter to consider and decide on extension of the time limit for capital allocation, for projects funded by local budgets;”.

26. To amend and supplement Clause 1, Article 58 as follows:

“1. Capital for the performance of investment preparation tasks shall be allocated for the formulation and appraisal of, and decision on investment policy for, projects; and formulation and appraisal of, and decision on investment in, projects.”.

27. To amend, supplement or annul a number of points and clauses of Article 59 as follows:

a/ To annul Clauses 1, 3 and 5;

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

“c/ Total capital of the medium-term public investment plan funded by the central budget, the amount to be allocated to each ministry or central agency, and additional amount of target transfer from the central budget to the budget of each locality.

For the unallocated capital amount of the medium-term public investment plan funded by the central budget, the Government shall decide and report such to the National Assembly in assessment reports at the end of the medium-term period;”;

c/ To amend and supplement Clause 8 as follows:

“8. The Prime Minister shall assign medium-term public investment plans to ministries, central agencies and localities.”;

d/ To amend and supplement Clause 9 as follows:

“9. The assignment of medium-term public investment plans funded by local budgets is as follows:

a/ Based on the National Assembly’s resolution on the medium-term public investment plan for the new period and the provincial-level People’s Council’s resolution on the 5-year socio-economic development plan, the provincial-level People’s Council shall decide on the medium-term public investment plan of the locality, including the total capital of the plan, list of projects and capital amount for each project, total capital amount for planning tasks, total capital amount for investment preparation tasks and other objects of public investment funded by provincial budgets and amount of target transfer for the subordinate budget, and send reports thereon to the Ministry of Finance for summarization and reporting to the Government;

b/ Based on the provincial-level People’s Council’s resolution on the medium-term public investment plan, the commune-level People’s Council shall decide on the medium-term public investment plan of the locality, including the total capital of the plan, list of projects and level of capital from the local budget allocated for each project, total capital for planning tasks, total capital for investment preparation tasks and other objects of public investment;

c/ Within 30 days after the People’s Council promulgates the resolution on the medium-term public investment plan, the same-level People’s Committee shall assign the medium-term public investment plan to the concerned units for implementation, stating the total capital of the project, list of programs and projects and capital amount to be allocated to each project, total capital for planning task, total capital for investment preparation task and other objects of public investment.”.

28. To amend and supplement Point b, Clause 2, Article 65 as follows:

“b/ Investment policy decided by competent authorities;”.

29. To amend and supplement Clause 2, Article 68 as follows:

“2. In pursuance to the National Assembly’s resolutions, competent authorities’ decisions on plan assignment, and resolutions of People’s Councils at all levels on medium-term and annual public investment plans, ministries, central and local agencies, commune-level People’s Committees, and agencies and units using public investment capital shall decide on solutions to organize the implementation of public investment plans using funding sources under their management.”.

30. To amend and supplement the first paragraph of Clause 1, Article 69 as follows:

“1. Ministries, central and local agencies, and commune-level People’s Committees shall:”.

31. To amend and supplement the first paragraph of Clause 1, Article 70 as follows:

“1. Ministries, central and local agencies, commune-level People’s Committees, and agencies and units using public investment capital shall:”.

32. To amend, supplement or annul a number of points and clauses of Article 71 as follows:

a/ To annul Clauses 4 and 6, and Point c, Clause 7;

b/ To amend and supplement Clause 2 as follows:

“2. The Government shall decide on the adjustment of annual public investment plans funded by the central budget, provided that such adjustment does not result in the excess of the total central budget expenditure for the whole country decided by the National Assembly.”

c/ To amend and supplement Clause 3 as follows:

“3. The Prime Minister shall decide on the adjustment of medium-term public investment plans funded by the central budget, provided that such adjustment does not result in the excess of the total capital amounts for medium-term public investment plans decided by the National Assembly.”;

d/ To amend and supplement Clause 5 as follows:

“5. Ministers, heads of central agencies or chairpersons of provincial-level People’s Committees shall decide on the adjustment of annual and medium-term public investment plans funded by the central budget under their management, provided that such adjustment does not result in change of the total capital amount for annual and medium-term public investment plans decided by competent authorities.”;

dd/ To amend and supplement Clause 8 as follows:

“8. People’s Committees at all levels shall adjust annual and medium-term public investment plans funded by local budgets, provided that such adjustment does not change the total capital amount for annual and medium-term public investment plans decided by the same-level People’s Councils.”;

e/ To amend and supplement Clause 9 as follows:

“9. The Government shall detail this Article”.

33. To amend and supplement a number of clauses of Article 72 as follows:

a/ To amend and supplement Clause 1 as follows:

“1. The period of implementation and disbursement of capital for public investment plans of a year may last through January 31 of the subsequent year. In case ministries, central and local agencies, budget-using units under ministries, central and local agencies, and commune-level People’s Committees are allocated additional funds after September 30 of the plan year to perform tasks, programs and projects, the period of implementation and disbursement of capital for the plans with additionally allocated funds may last through December 31 of the subsequent year.”;

b/ To amend and supplement Clause 2 as follows:

“2. Ministers, heads of central agencies and chairpersons of provincial-level People’s Committees, for public investment plans using central budget funds, or chairpersons of People’s Committees at all levels, for public investment plans using local budget funds under their management, in order to permit the prolongation of the period of implementation and disbursement of capital for annual public investment plans, which, however, must not be later than December 31 of the subsequent year, for:

a/ National important projects;

b/ Projects on compensation, support, resettlement and ground clearance;

c/ Projects that are planned to be funded for completion and use in the planning year but not planned to be funded in the subsequent year;

d/ Projects that are delayed as a result of disasters, catastrophes or epidemics or other objective reasons that are unforeseeable and irremediable;

dd/ Projects of overseas Vietnamese representative missions and other agencies;

e/ Ministries, central and local agencies, or commune-level People’s Committees each having only 1 project in the plan year or are unable to adjust their plans.

Ministers, heads of central agencies, chairpersons of provincial-level People’s Councils, or chairpersons of People’s Committees at all levels shall take responsibility for the list of projects, and budget fund amounts permitted to be carried forward for the extended period of implementation and disbursement, ensuring the full disbursement of such fund amounts.”.

34. To amend, supplement or annul a number of clauses of Article 83 as follows:

a/ To annul Clause 8;

b/ To amend and supplement Clause 9 as follows:

“9. To organize the implementation of medium-term and annual public investment plans; to decide on the allocation and assignment of detailed estimates of the remaining amounts not yet allocated in detail breakdowns from the central budget for annual and medium-term public investment plans.”;

c/ To add Clause 12 below Clause 11 as follows:

“12. To provide the review of responsibilities and the reassignment of cadres, public employees, civil servants and workers who fail to fulfill their assigned duties and tasks, resulting in programs, tasks or projects falling behind the assigned schedule.”.

35. To amend, supplement or annul a number of clauses of Article 84 as follows:

a/ To amend and supplement Clause 1 as follows:

“1. To decide on investment policy for projects according to his/her competence as specified in Article 18 of this Law.”;

b/ To annul Clauses 4 and 5.

36. To amend and supplement Article 85 as follows:

“Article 85. Tasks and powers of the Ministry of Finance

The Ministry of Finance shall act as the focal-point agency to assist the Government in performing the state management of public investment, and has the following tasks and powers:

1. To promulgate or submit to competent authorities for promulgation legal documents related to public investment, and principles, criteria and norms for the allocation and use of public investment capital;

2. To report to the Government on the identification of state budget funds for the country’s public investment for sectors and fields to be included in medium-term and annual public investment plans;

3. To summarize and submit the country’s medium-term and annual public investment plans to the Government and Prime Minister; to submit to the Government and Prime Minister for assignment public investment plans funded by the state budget;

4. To summarize, and submit to the Prime Minister adjustments of, the country’s medium-term public investment plans; to submit to the Government adjustments of the country’s annual public investment plans; to submit to the Government and Prime Minister for consideration and reporting to the National Assembly adjustments of the country’s medium-term and annual public investment plans according to its competence as specified in Article 71 of this Law;

5. To assume the prime responsibility for, and coordinate with related agencies in, appraising and evaluating funding sources and the fund-balancing capacity as specified in Article 36 of this Law;

6. To submit to competent authorities for promulgation general regulations on the management of national target programs; to summarize and submit to competent authorities for decision and assignment medium-term and annual public investment objectives, tasks and plans of national target programs funded by the central budget;

7. To organize the implementation, monitoring, examination, supervision and evaluation of plans, programs and projects, and the performance of other tasks in the state management of public investment;

8. To submit to competent authorities for promulgation, or promulgate according to its competence, regulations on management, payment and account-finalization of projects using public investment capital.

9. To report to the Government on the disbursement and account-finalization of funds for programs and projects.”.

37. To amend and supplement Clause 3, Article 87 as follows:

“3. To assume the prime responsibility for, and coordinate with related agencies in, appraising and evaluating funding sources and the fund-balancing capacity for the projects as specified in Article 36 of this Law.”.

38. To amend, supplement or annul a number of points and clauses of Article 89 as follows:

a/ To annul Point b of Clause 2, and Clauses 4 and 5;

b/ To amend and supplement Clause 7 as follows:

“7. Chairpersons of provincial-level People’s Committees have the following tasks and powers:

a/ To decide on investment in projects according to their competence as specified in this Law;

b/ To authorize their deputies, chairpersons of commune-level People’s Committees or heads of specialized agencies to decide on investment in group-B and group-C projects under the provincial-level management;

c/ To assign 1 commune-level People’s Committee to act as the managing agency for implementation of a project located in 2 or more district-level administrative units.”.

39. To amend and supplement Article 90 as follows:

“Article 90. Tasks and powers of commune-level People’s Committees

1. To organize the formulation of medium-term and annual public investment plans under their management.

2. To organize the appraisal of projects under their management.

3. To submit to commune-level People’s Councils for decision medium-term and annual public investment plans funded by local budgets under their management.

4. To decide on investment policy for projects under their management in accordance with this Law, and report thereon to commune-level People’s Councils at upcoming meetings.

5. To organize the implementation, monitoring, evaluation and examination of plans, programs and projects, and perform other tasks in the state management of public investment according to power decentralization; to coordinate with related agencies and organizations in implementing, monitoring, examining and evaluating programs and projects in the localities.

6. Chairpersons of commune-level People’s Committees shall decide on investment in projects according to their competence specified in Article 38 of this Law.”.

40. To amend and supplement a number of clauses of Article 95 as follows:

a/ To amend and supplement Clause 1 as follows:

“1. To decide on investment in, or adjust investment decision for, programs and projects in conformity with the objectives, locations and public investment amounts in investment policy decided by competent authorities, except tasks and projects not subject to investment policy decision specified in Clause 6, Article 19 of this Law; and in conformity with the capacity of balancing funds from funding sources under their management, applicable standards, investment regulations, and appraisal results.”.

b/ To amend and supplement Clause 2 as follows:

“2. To organize the appraisal of programs and projects before approving them, covering the appraisal and evaluation of funding sources and the fund-balancing capacity.”.

41. To amend and supplement Clause 1, Article 100 as follows:

“1. Ministers, heads of central and local agencies, chairpersons of commune-level People’s Committees, and program/project owners shall take responsibility for consequences caused by their failure to monitor, evaluate and examine plans, programs and projects or failure to report under regulations.”.

42. To annul Clause 17, Article 4; Article 24 and number “24” at Point c, Clause 3, Article 37, and Clause 3, Article 64; Clauses 1, 2 and 3, Article 60; Article 63; Point c, Clause 2 and Point b, Clause 7, Article 64; Point a, Clause 1, Article 66; Clauses 3, 4 and 5, Article 82; and Articles 86 and 93.

Article 8. To amend and supplement a number of articles of the Law on Management and Use of Public Property

1. To amend and supplement Article 1 as follows:

“Article 1. Scope of regulation

This Law provides for the state management of public property; the management and use of public property; rights and obligations of agencies, organizations, units and individuals in management and use of public property.

Public property in the form of state budget funds, off-budget state financial funds, and state foreign exchange reserves shall be managed and used in accordance with relevant laws.

The management and use of property formed through the performance of science, technology and innovation tasks funded by state capital must comply with the laws on science, technology and innovation, and on intellectual property.”.

2. To amend and supplement Clauses 3 and 4, Article 19 as follows:

“3. Provincial-level People’s Committees and commune-level People’s Committees shall assign finance agencies of the same level to assist them in:

a/ Performing tasks and powers in the state management of public property as specified in Article 18 of this Law;

b/ Directly managing and disposing of a number of types of public property in accordance with this Law and other relevant laws.

4. Specialized agencies of provincial-level People’s Committees and commune-level People’s Committees shall assist their People’s Committees in performing tasks in the state management of public property and directly managing and disposing of public property in the sectors and fields under their management in accordance with law.”.

3. To amend and supplement Article 44 as follows:

“Article 44. Use of public property for payment to investors when implementing construction investment projects under build-transfer (BT) contracts

The use of public property for payment to investors when implementing construction investment projects under build-transfer (BT) contracts must comply with the law on investment in the form of public-private partnership.”.

4. To amend and supplement Clause 1, Article 48 as follows:

“Proceeds from the disposal of public property at state agencies shall be managed by agencies assigned to dispose property, after deducting expenses related to the disposal of property, and the agencies assigned to dispose of property shall remit the remaining amount into the state budget.”.

5. To add Clause 3 below Clause 2, Article 68 as follows:

“3. The management and use of proceeds from the disposal of property at socio-political organizations must comply with the Government’s regulations.”.

6. To amend and supplement Clause 1, Article 81 as follows:

“1. Entities assigned to manage infrastructure property may directly exploit such property in accordance with the Government’s regulations.”.

7. To amend and supplement Point a, Clause 2, Article 85 as follows:

“a/ In case entities assigned to manage property are state agencies or units of the people’s armed forces, proceeds from the exploitation of such property, after deducting expenses related to the exploitation, shall be fully remitted into the state budget;”.

8. To add Point d below Point c, Clause 3, Article 88 as follows:

“d/ Other forms of disposal under the Government’s regulations.”.

9. To amend and supplement Article 94 as follows:

“Article 94. Management and use of proceeds from the disposal of infrastructure property

1. Proceeds from the disposal of infrastructure property, after deducting expenses related to the disposal, shall be fully remitted into the state budget.

2. Expenses related to the disposal of property include:

a/ Inventory and surveying expenses;

b/ Relocation, demolition and destruction expenses;

c/ Valuation and appraisal expenses;

d/ Sale expenses;

dd/ Other related reasonable expenses.”.

10. To amend and supplement Article 102 as follows:

“Article 102. Use of property to serve operation of projects

1. The use of property to serve operation of projects shall be carried out in accordance with project objectives, provisions of Section 3, Chapter III of this Law, and other relevant laws.

2. The management, use and disposal of property formed from projects supporting the production development with state funds provided to communities and individuals engaged in the project implementation shall be carried out in accordance with the mechanisms and policies of the national target programs, and other relevant laws.”.

11. To amend and supplement Article 117 as follows

“Article 117. Use of the value of land use rights for payment to investors when implementing construction investment projects under build-transfer contracts

The use of the value of land use rights for payment to investors when implementing construction investment projects under build-transfer contracts must comply with the law on investment in the form of public-private partnership.”.

12. To add and replace a number of phrases in a number of points and clauses as follows:

a/ To add the phrase “digital technology parks,” after the phrase “hi-tech parks,” in Clause 2, Article 4;

b/ To replace the phrase “under the Prime Minister’s decision” at Point g, Clause 4, Article 41, with the phrase “under the Government’s regulations”;

c/ To replace the phrase “except special cases as decided by the Prime Minister at the request of the Minister of Finance, based on proposals of relevant ministers, heads of central agencies or chairpersons of provincial-level People’s Committees” in Clause 2, Article 42, with the phrase “except special cases as specified by the Government”;

d/ To replace the phrase “as delegated by the Government” in Clause 3, Article 107 with the phrase “under the Government’s regulations”.

13. To annul a number of phrases in a number of points and clauses as follows:

a/ To annul the phrase “scientific and technological tasks” in Clause 10, Article 3;

b/ To annul the phrase “use of public property for payment to investors when implementing construction investment projects under build-transfer contracts;” in Clause 3, Article 13;

c/ To annul the phrase “the delegation of competence for decision on the management and use of public property;” at Point a, Clause 2, Article 15;

d/ To annul the phrase “and property formed through the performance of scientific and technological tasks funded by the state budget” at Point c, Clause 2, Article 15;

dd/ To the phrase “and as delegated by the Government” in Clauses 4 and 8, Article 15, and Points a and d, Clause 1, Article 16;

e/ To annul the phrase “inspection,” in Clause 7, Article 15;

g/ To annul the phrase “; inspect the management and use of public property as specified by law and assigned by the Government” in Clause 2, Article 16;

h/ To annul the phrase “commune-level People’s Committees,” in Clause 2, Article 18;

i/ To annul the phrase “and as delegated by provincial-level People’s Committees” in Clause 4, Article 18;

k/ To annul the phrase “as delegated by the Government” at Point b, Clause 2, Article 69.

14. To annul Clause 4, Article 13; Clause 2, Article 17; Clauses 4 thru 7, Article 26; Clauses 3 and 4, Article 29; Clause 4, Article 55; Clause 2, Article 56; Clauses 2 and 3, Article 57; Clause 2, Article 58; Point dd, Clause 1, Point e, Clause 2, Article 65; and Articles 105 and 118.

Article 9. Implementation provisions

1. This Law takes effect on July 1, 2025.

2. To annul Point b, Clause 3, Article 33 of Housing Law No. 27/2023/QH15 which is amended and supplemented under Law No. 43/2024/QH15 and Law No. 47/2024/QH15.

3. To annul Clause 6, Article 14, and Clauses 1 thru 4, Article 29, of Law No. 20/2017/QH14 on Management of Public Property.

Article 10. Transitional provisions

1. Transitional provisions on amendments and supplementations to the Bidding Law are as follows:

a/ For bidding packages for contractor selection and business investment projects of which dossiers of invitation for expression of interest, dossiers of invitation to prequalification, bidding dossiers and dossiers of requirements have been issued and the opening of bids is carried out before the effective date of this Law, the selection of contractors for inclusion in shortlists, selection of contractors, selection of investors, signing of contracts and management of the contract performance may continue to be carried out in accordance with Law No. 22/2023/QH15 on Bidding which is amended and supplemented under Law No. 57/2024/QH15 and its detailing and guiding documents;

b/ For bidding packages for contractor selection and business investment projects of which dossiers of invitation for expression of interest, dossiers of invitation to prequalification, bidding dossiers and dossiers of requirements have been issued but by the effective date of this Law, the closing of bids has not yet been carried out, the selection of contractors for inclusion in shortlists, selection of contractors, selection of investors, signing of contracts and management of the contract performance may continue to be carried out in accordance with Law No. 22/2023/QH15 on Bidding which is amended and supplemented under Law No. 57/2024/QH15 and its detailing and guiding documents, or notices of invitation to bid, notices of invitation for expression of interest, notices of invitation to prequalification may be cancelled, and contractor selection plans (if any), bidding dossiers, dossiers of invitation for expression of interest, dossiers of invitation to prequalification, and dossiers of requirements may be modified for organizing the selection of contractors or investors in accordance with this Law, except Point d of this Clause;

c/ For bidding packages of which contractor selection plans have been approved but by the effective date of this Law, dossiers of invitation for expression of interest, dossiers of invitation to prequalification, bidding dossiers and dossiers of requirements have not yet been issued, project owners may adjust the approved contractor selection plans for implementation in compliance with this Law, except Point d, this Clause;

d/ For bidding packages under investment projects of state enterprises and enterprises with 100% of charter capital held by state enterprises, bidding packages under procurement estimates or projects of public non-business units covering their own recurrent expenses and investment expenses, public non-business units covering their own recurrent expenses without using the state budget funds of which dossiers of invitation for expression of interest, dossiers of invitation to prequalification, bidding dossiers and dossiers of requirements have been issued, but by the effective date of this Law, the closing of bids has not yet been carried out, project owners may decide by either of the following two methods:

d1/ If choosing to apply this Law, they must comply with Point b, this Clause;

d2/ If deciding on their own the procurement, they must comply with Point c, Clause 2, Article 1 of this Law.

2. Transitional provisions on amendments and supplementations to the Law on Investment in the Form of Public-Private Partnership are as follows:

a/ For PPP projects of which prefeasibility study reports or adjusted prefeasibility study reports have been made but, by the effective date of this Law, such reports have not yet been submitted for appraisal or appraisal councils have not yet been established or appraisal councils have been established but have not yet performed appraisal tasks, the competence, order and procedures for appraising prefeasibility study reports or adjusted prefeasibility study reports must comply with this Law. In case appraisal councils have been established and are performing the task of appraising investment policy, the order, procedures and competence for appraisal of and decision on investment policy or adjustment of investment policy may continue to be carried out in accordance with the law on investment in the form of public-private partnership effective before the effective date of this Law;

b/ For PPP projects that, by the effective date of this Law, have not yet been submitted for project approval or project adjustment, authorities competent to approve or adjust PPP projects must comply with this Law;

c/ For PPP projects for which competent authorities have decided investment policy or given project approval but, by the effective date of this Law, have not yet organized investor selection, competent agencies may continue to comply with investment policy decisions, project approval decisions or review and adjust investment policy or adjust feasibility study reports for applying this Law. In case of adjusting feasibility study reports, authorities competent to decide or approve the adjustment are those competent to decide on investment policy and approve projects as specified in this Law.

d/ PPP project contracts that are signed before the effective date of this Law may continue to be implemented according to their provisions. In case of necessity to amend or supplement contents of project contracts but by the time of contract signing, regulations thereon are not available but it is necessary to amend or supplement project contracts for effective implementation of projects, parties may reach agreement on amendment and supplementation in accordance with this Law and relevant laws effective at the time of contract amendment and supplementation.

3. Transitional provisions on amendments and supplementations to the Law on Customs are as follows:

On-the-spot imports and exports that are on registered customs declarations but for which customs procedures are not yet carried out before the effective date of this Law must comply with Clause 3, Article 3 of this Law.

4. Transitional provisions on amendments and supplementations to the Law on Investment are as follows:

a/ As of the effective date of this Law, valid dossiers of request for approval or adjustment of investment policy for investment projects requiring relocation and resettlement of 10,000 or more people in mountainous regions or 20,000 or more people in other regions; investment projects to build airports or aerodromes; runways of airports or aerodromes; passenger terminals of international airports; or cargo terminals of airports or aerodromes with a throughput of 1 million tons/year or higher; new investment projects to provide air passenger transport services; investment projects to build new harbors or harbor areas with a total investment capital of VND 2,300 billion or more and of special seaports or class-I seaports; investment projects on petroleum processing; investment projects to build houses (for sale, lease or lease-purchase) or urban centers using 300 hectares of land or more or accommodating 50,000 people or more; investment projects subject to investment policy approval by two or more provincial-level People’s Committees that are received before the effective date of this Law but of which dossier processing results have not been notified may be processed as follows:

a.1/ Projects that have been submitted to the Prime Minister for consideration for investment policy approval or adjustment before the effective date of this Law, may continue to comply with 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, Law No. 43/2024/QH15, and Law No. 57/2024/QH15 (below referred to as Law No. 61/2020/QH14 on Investment).

For projects that have not yet met requirements and conditions for investment policy approval or adjustment under Law No. 61/2020/QH14 on Investment, the Ministry of Finance shall forward project dossiers, appraisal opinions and appraisal reports to provincial-level People’s Committees for processing according to their competence specified in this Law;

a.2/ For projects that are not yet submitted to the Prime Minister for consideration of investment policy approval or adjustment before the effective date of this Law, the Minister of Finance shall forward project dossiers and appraisal opinions (if any) to provincial-level People’s Committees for processing according to their competence specified in this Law;

a.3/ Provincial-level People’s Committees may continue to use project dossiers, appraisal opinions and appraisal reports for consideration of investment policy approval and adjustment in the cases specified in sub-Points a.1 and a.2, Point a of this Clause;

b/ For investment projects specified at Point a of this Clause that have investment policy approved by the Prime Minister before the effective date of this Law but now are subject to investment policy approval by provincial-level People’s Committees under Clause 8, Article 6 of this Law, provincial-level People’s Committees are competent to approve and adjust investment policy.

5. Transitional provisions on amendments and supplementations to the Law on Public Investment are as follows:

a/ For programs and projects for which procedures for formulation and appraisal are completed for their submission to authorities competent to decide on investment policy or on investment before the effective date of this Law, competent authorities shall do so under Law No. 58/2024/QH15 on Public Investment;

b/ For  investment policy adjustment or termination, investment decision modification and prolongation of the time limit for capital allocation to projects for which investment policy or investment is decided before the effective date of this Law, authorities competent to decide on investment policy or on investment and prolong the time limit for capital allocation for project implementation as delegated under this Law may decide on investment policy adjustment or termination, investment decision modification and prolongation of the time limit for capital allocation for project implementation, and take responsibility for their decision.

In case the National Assembly’s resolutions provide the competence for investment policy adjustment or termination for national important projects, such resolutions shall be applied;

c/ For the adjustment of investment policy for projects funded by ODA or concessional loans for which competent authorities approve project proposals before the effective date of this Law, managing agencies shall follow order and carry out procedures for investment policy adjustment in accordance with this Law and are not required to do so for adjustment of project proposals.

This Law was passed on June 25, 2025, by the 15^th National Assembly of the Socialist Republic of Vietnam at its 9^th session.-

Chairman of the National Assembly
TRAN THANH MAN