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

LAW

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

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

The National Assembly hereby promulgates the Law Amending and Supplementing a Number of Articles of the Bidding Law No. 22/2023/QH15, amended and supplemented under Law No. 57/2024/QH15; Law on Investment in the Form of Public-Private Partnership No. 64/2020/QH14, 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; Law on Customs No. 54/2014/QH13, amended and supplemented under Law No. 71/2014/QH13, Law No. 35/2018/QH14 and Law No. 07/2022/QH15; Law on Value-Added Tax No. 48/2024/QH15; Law on Export Duty and Import Duty No. 107/2016/QH13; Law on Investment No. 61/2020/QH14, 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 on Public Investment No. 58/2024/QH15; and the Law on Management and Use of Public Property No. 15/2017/QH14, 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. Amending and supplementing a number of articles of the Bidding Law

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

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

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

b) To annul Clause 2;

c) To amend and supplement Clause 4 as follows:

“4. Organizations and individuals whose bidding activities do not fall into the cases specified in Clauses 1 and 3 of this Article may choose to apply all or some specific articles, clauses and 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 falling within the scope of regulation of this Law must comply with the provisions of this Law and relevant laws. In case this Law’s provisions on bidding differ from those of another law promulgated before the effective date of this Law, the provisions of this Law prevail, except for 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 themselves decide on procurement in the following cases, provided they ensure publicity, transparency, economic efficiency and accountability:”;

c) To amend and supplement Point d, and add Point d1 after Point d, Clause 1, Article 7 as follows:

“d) Selection of contractors by state enterprises not using state budget funds; public non-business units with self-financed recurrent and investment expenditures; public non-business units with self-financed recurrent expenditures not using state budget funds;

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

d) To add Clauses 8 and 9 after Clause 7 as follows:

“8. Regarding the cost-norm-based funding component of scientific, technological, and innovation tasks using wholly or partially the state budget, the organization or individual in charge may decide on the selection of contractors to supply goods and services for the implementation of such scientific, technological, and innovation tasks.

9. For the procurement of goods and services to implement scientific, technological, and innovation tasks in the fields of agriculture, forestry, and fisheries through direct purchase from households or individuals, the organization or individual in charge of such tasks shall conduct direct aggregation procurement of goods and services from 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 the investment policy or agency competent to decide to organize bidding to select investors; or unit assigned by competent agencies to organize the selection of investors.”;

b) To add Clause 2a after Clause 2 as follows:

“2a. Competent agency means an agency approving the investment policy in accordance with the investment law, or an agency deciding on organizing the bidding to select investors. For project of which the investment policy is approved by the National Assembly or the Prime Minister, the competent agency is the agency deciding on organizing the bidding to select investors.”;

c) To amend and supplement Clause 6 as follows:

“6. Investment projects (below referred to as projects) 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 who may decide on investment for a project or the head of the agency or unit directly superior to the project owner for procurement estimates in accordance with law. In case of investor selection, the competent person is the head of the agency competent to approve the investment policy in accordance with the investment law or the agency competent to decide to organize bidding for investor selection.”.

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

“i) For international bidding, foreign contractors must join a consortium with domestic contractors or using domestic subcontractors, unless otherwise prescribed 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 where contractors are public non-business units of state management agencies with their assigned functions and tasks conforming with the nature of bidding packages of such state management agencies or contractors are public non-business units and enterprises belonging to the same directly managing agency or contributing agency; public non-business units share the same directly managing agency; and the case specified in Clause 4a of this Article.”;

b) To amend and supplement Point a, Article 4 as follows:

“a) Not belonging to the same managing agency or organization, for public non-business units, except for the cases 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 posted on the Vietnam National E-Procurement System, except for information of projects, business investment projects and bidding packages belonging to 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 being innovative start-up enterprises or individuals, and organizations supporting innovative start-ups recognized by competent agencies; innovation centers; science and technology enterprises; science and technology organizations; research and development centers; organizations and enterprises granted certificates as hi-tech enterprises, hi-tech incubators, hi-tech enterprise incubators, or enterprises newly established from investment projects for the production of hi-tech products in accordance with the law on science, technology, and innovation, the law on high technologies, and other relevant laws;”;

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

“h) Contractors employing female workers; war invalids and people with disabilities; or ethnic minority people;”;

c) To add Point i after Point h, Clause 1 as follows:

“i) Hi-tech products on the List of hi-tech products encouraged for development, manufactured by hi-tech enterprises or newly established enterprises from investment projects for the production of hi-tech products recognized in accordance with the law on high technologies; products and goods resulting from special science, technology, and innovation tasks; products and goods resulting from domestic science, technology, and innovation tasks in accordance with the law on science, technology, and innovation; digital technology products and services that satisfy regulations prescribed by the Minister of Science and Technology.”;

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

“d) Giving priority to contractors in the evaluation of their capacity and experience, eligibility and other criteria during the bid dossier evaluation;”;

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 eligible for the incentives specified at Point b or c, Clause 2 of this Article when participating in bidding for procurement bidding packages and mixed biding packages;”;

e) To add Point c after Point b, Clause 4 as follows:

“c) Investors being science and technology enterprises; innovative start-up enterprises, and organizations supporting innovative start-ups recognized by competent agencies; innovation centers; organizations and enterprises granted certificates as hi-tech enterprises, hi-tech incubators, hi-tech enterprise incubators, or enterprises newly established from investment projects for the production of hi-tech products in accordance with the law on high technologies, and other relevant laws; foreign investors with commitments to transfer technology to domestic investors or partners.”.

8. To amend, supplement and 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: Project owners find the participation of foreign contractors necessary to improve the quality of bidding packages or projects. In this case the project owners shall decide to organize international bidding and be held responsible for their decision;”;

b) To annul Point c, Clause 2;

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

“dd) Projects not falling into the cases specified at Points a, b and d of this Clause and for which the invitation for expression of interest for participation in international bidding has been announced or notified but there are no foreign investors expressing their interest.”;

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

“3. For projects implemented in areas with restricted access to land or coastal areas with restricted use in accordance with the land law and other relevant laws, the competent person shall decide on the application of international bidding or domestic bidding based on the opinions of the Ministry of National Defence, the Ministry of Public Security, the Ministry of Foreign Affairs, and other relevant agencies (if any).

4. For bidding packages under projects in the fields of science, technology, innovation, and digital transformation, which are conducted through domestic bidding, domestic contractors may engage subcontractors or special subcontractors that are foreign contractors for specific tasks that domestic contractors are unable to perform or for which technology transfer is required.”.

9. To amend, supplement and 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 or investors committing violations prescribed in Article 16 of this Law or violations of the bidding law leading to cancellation of the bidding;”;

b) To annul Point c, Clause 10.

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

a) To annul Point h and Point k, Clause 6;

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

“7. Disclosing documents and information on the contractor or investor selection, except the provision of information under 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, supplement and annul a number of points and clauses of Article 17 as follows:

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

“b) Investment objectives and scope stated in the approved investment decision of a project change, or procurement scope or objectives of a procurement estimate change, due to the reorganization of administrative units, restructuring of the state apparatus, or other force majeure events, leading to a change in the work volume or evaluation standards stated in the dossier of invitation for expression of interest, dossier of invitation to prequalification, bidding dossier and dossier of requirements;”;

b) To annul Point d, Clause 1; Point d, Clause 2 and the phrase “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 offer, restricted bidding;

c) Self-execution, community participation in execution and price negotiation.”.

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

“1. Bidding packages involving special techniques which can be satisfied by certain contractors;”.

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 meets one of the following requirements:

a) Urgent or emergency needs to perform tasks related to national defense, security, foreign affairs, protection of national sovereignty; prevention or remedy of consequences caused by force majeure events; protection of assets, health, and lives of the people; epidemic prevention and control;

b) Requirements on protection of state secrets;

c) Under a special public investment project; urgent public investment project; or project of national importance that is eligible for contractor appointment under the National Assembly’s resolutions when making investment policy decision;

d) Requirements or specific conditions on professional, operational, or technical matters; research, testing, copyright, warranty, or necessity to ensure technological, copyright, or planning compatibility;

dd) Only one contractor or manufacturer supplies the goods or services in the market;

e) Falling within the value limits for contractor appointment as prescribed by the Government;

g) Falling within the cases of contractor appointment as prescribed by relevant specialized laws;

h) In strategic sectors or for special science, technology, innovation research projects or tasks, and digital transformation;

i) Bidding packages requiring acceleration of progress while ensuring quality and efficiency.

2. The Government shall detail this Article.”.

15. To amend and supplement Article 24 as follows:

“Article 24. Competitive offer

1. Competitive offer shall be applied to bidding packages with a price within the limit as prescribed by the Government and falling in one of the following cases:

a) Ordinary and simple non-consultancy service bidding packages;

b) Bidding packages for procurement of ordinary goods that are available in the market with standardized technical properties and of equivalent quality;

c) Simple work construction bidding packages with approved construction drawing designs;

d) Mixed procurement and construction bidding packages with the construction jobs complying with Point c of this Clause.

2. For bidding packages applying competitive offer, the bidding dossier is not required to include evaluation criteria on the contractor’s capacity and experience.”.

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

“1. The contractor selection in special cases may be applied to bidding packages belonging to the procurement projects and estimates with one or several specific conditions on process, procedures and criteria for contractor selection, conditions for contract signing and performance; specific conditions related to the development of science, technology, innovation, and digital transformation; or requirements on national defense and security, external affairs and territorial borders, national interests, or performance of national political tasks, for which the application of any of the contractor selection forms prescribed in Articles 21, 22, 23, 24, 25, 26, 27, 28, and 29a of this Law would not meet the implementation requirements of the project or bidding package.”.

17. To add Article 29a and Article 29b after Article 29 of Section 1 as follows:

“Article 29a. Order placement

1. Order placement means the form of directly assigning organizations, enterprises, or individuals to supply goods or services in the following cases:

a) Public-utility products and services, public non-business services;

b) Goods and services in strategic sectors; key national scientific research projects or tasks; foundational industries, spearhead industries, energy infrastructure, digital infrastructure, green transportation, national defense, security, human resources training associated with technology transfer; key digital technologies;

c) Products and goods resulting from special science, technology, and innovation tasks as prescribed by the law on science, technology, and innovation;

d) Goods and services ordered in accordance with relevant specialized laws.

Goods and services ordered under relevant specialized laws shall comply with such laws; where such laws do not stipulate procedures, the provisions of the bidding law shall prevail.

2. The Government shall detail this Article.

Article 29b. Principles of applying contractor selection forms

1. The project owner shall apply any of the contractor selection forms prescribed in Clause 1, Article 20 of this Law in cases and upon satisfaction of 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 meets the conditions for applying one of the contractor selection forms specified at Points a and c, Clause 1, Article 20 of this Law, but the project owner decides not to apply such forms, then one of the forms provided at Point b, Clause 1, Article 20 of this Law may be applied without being subject to 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 to provide non-consultancy services, procure goods, or for construction and installation, and mixed bidding packages. In case where the bidding package meets the requirements specified at Point b and Point c, Clause 1 and Clause 1a, Article 31 of this Law, the single-stage single-envelope method or single-stage two-envelope method may be applied;”.

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

a) To add Point c after Point b, Clause 1, Article 31 as follows:

“c) Open bidding, restricted bidding for bidding packages to purchase medicines, medical supplies, and medical equipment.”;

b) To add Clause 1a after Clause 1, Article 31 as follows:

“1a. In cases where the project owner organizes open bidding for a bidding package requiring the use of technologies or products listed in the List of high technologies prioritized for investment and development, the List of high-tech products encouraged for development, or the List of strategic technologies and strategic products under the law on science, technology, and innovation and the law on high technologies, the method prescribed in this Article may be applied.”.

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

“2a. Investor appointment:

a) Investor appointment shall be applied to business investment projects that need to be implemented in the following cases: projects proposed by investors who own or have the right to use strategic technologies; projects that require continued selection of investors who have previously implemented digital infrastructure or digital platforms to ensure compatibility, synchronization, and technical interconnection; or business investment projects requiring accelerated implementation to promote socio-economic development and safeguard national interests as proposed by investors in accordance with the Government's regulations;

b) The competent agency shall decide on the application of investor appointment for projects specified at Point a of this Clause.”.

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

“Article 34a. Investor selection in special cases

1. Selection of investors in special cases shall be applied to business investment projects satisfying any of the following conditions:

a) Being subject to requirements on national defense and security, external affairs and territorial borders, national interests, or performance of national political tasks;

b) Requiring order placement or task assignment to implement projects in strategic sectors, key national investment and development projects in the fields of science, technology, and innovation;

c) Having specific requirements on investment procedures, investor selection, land allocation, land lease, sea area allocation, or other specific conditions, whereby application of any of the investor selection methods prescribed in Clauses 1, 2, and 2a of Article 34 of this Law would not meet the requirements for project implementation.

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

3. The Government shall detail this Article.”.

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

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

“c) Work stated in the contractor selection plan, including jobs and corresponding value constituting bidding packages to be executed in any of the contractor selection forms 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:

Project owners shall organize the formulation and approval of contractor selection plans. For bidding packages entitled to advance bidding under Article 42 of this Law or packages to be implemented prior to issuance of the project approval decision, where the project owner has not been identified, the head of the unit assigned to prepare the project shall organize the formulation and approval of the contractor selection plan.”;

c) To annul Clause 3.

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

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

“c) Work stated in the contractor selection plan, including jobs and corresponding value constituting bidding packages to be executed in any of the contractor selection forms 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. The 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 a contractor selection plan;”;

b) To amend and supplement Point c as follows:

“c) Formulation, appraisal (if any) and approval of the bidding dossier;”.

25. To amend and supplement Article 43 as follows:

“Article 43. Process and procedures for contractor selection

1. The process and procedures for contractor selection must include one or several of the following steps:

a) Preparation for contractor selection;

b) Organization of contractor selection;

c) Evaluation of bid dossiers or dossiers of proposals;

d) Contract negotiation, negotiation about the contractor’s proposal;

dd) Submission, appraisal, approval and publicization of contractor selection results and explanation of the reason(s) for not winning the bid at contractors’ request (if any);

e) Finalization and conclusion of contracts and management of contract performance.

In the case of contractor appointment, during contract negotiation and finalization, the project owner and contractor shall negotiate the price to ensure the proposed bid-winning price is cost-effective and economically efficient.

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 comprise requirements for the bidding package concerning instructions for contractors, criteria for evaluation, draft contract and other relevant contents.

2. Bidding dossiers may state the origin by group of countries or territories and other criteria as prescribed by the Government to ensure the quality of goods, services, and works.

3. A bidding dossier must not state any conditions aiming to restrict the participation of contractors or create advantages for one contractor or several contractors, thus causing unfair competition.

4. The Government shall detail this Article.”.

27. To amend and supplement Article 45 as follows:

“Article 45. Time periods for organization of contractor selection

1. Time periods for organization of contractor selection are as follows:

a) The time period for preparing a dossier of expression of interest, dossier for participation in prequalification or bid dossier is counted from the first date of distribution of the dossier of invitation for expression of interest, dossier of invitation to prequalification or bidding dossier to the date of bid closing;

b) The modification of the dossier of invitation for expression of interest, dossier of invitation to prequalification or bidding dossier shall be carried out before the date of bid closing;

c) Dossiers of invitation for expression of interest, dossiers of invitation to prequalification and bidding dossiers shall be distributed simultaneously with notices of invitation for expression of interest, notices of invitation to prequalification and notices of invitation to bid.

2. For jobs other than those specified in Clause 1 of this Article, project owners shall decide on the time periods for implementation on the basis of ensuring progress of projects and 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 state any conditions to limit the participation of certain investors or to create advantage for one or some investor(s), thus causing unfair competition.”.

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

a) To amend and supplement Point b as follows:

“b) Formulation, appraisal (if any) and approval of 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) Evaluation of dossiers for participation in prequalification, dossiers of expression of interest, bid dossiers, dossiers of proposals, invitation for contract negotiation, and appraisal (if any) and approval of 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. Contractor selection applied to centralized procurement bidding packages shall 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 demands of private medical examination and treatment establishments, and health establishments being public non-business units with autonomy in recurrent expenditures and investment expenditures, and public non-business units with autonomy in recurrent expenditures.”.

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

“3. In case a private medical examination and treatment establishment, health establishment being public non-business unit with autonomy in recurrent expenditures and investment expenditures, or public non-business unit with autonomy in recurrent expenditures chooses not to apply this Law’s provisions regarding the procurement of medicines, chemicals and supplies for medical tests and medical equipment, the payment from the health insurance fund shall comply 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 contractors for provision of public products and services, and other goods and services may be carried out in the form of task assignment under the Government’s regulations.”.

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 combined technique-and-price method shall be applied to bidding packages specified at Point b and Point c, Clause 1 and Clause 1a, Article 31 of this Law;”;

b) To add Clause 3a after Clause 3 as follows:

“3a. Technique-based method:

a) The technical-based method may be applied to bidding packages requiring the use of technology or products listed in the List of strategic technologies and strategic products in accordance with the law on science, technology and innovation, and the law on high technologies;

b) The contractor with the bid dossier satisfying the technical requirements and the highest technical point shall be ranked first and invited to open dossiers of financial proposals to serve as a ground for contract negotiation.”;

c) To amend and supplement Clause 4 as follows:

“4. For capacity and experience evaluation, the “pass” and “fail” criteria shall be used. For technical evaluation, the scoring method or “pass” and “fail” criteria shall be used. For the combined technique-and-price method and technique-based method specified in Clause 3 and Clause 3a of this Article, the scoring method shall be used for formulating criteria for technical evaluation. When applying the scoring method, the minimum required technical score must not be lower than 70% of total technical score.”.

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

“dd) Having the lowest bid price after error correction or deviation adjustment (if any), minus the value of discounts (if any), in case of application of the lowest price method; having the lowest evaluated price, in case of application of the evaluation bid method; having the highest general score, in case of application of the combined technique-and-price method; or having the highest technical scores, in case of application of the technique-based method;

e) Having the proposed winning bid not exceeding the approved bidding package price. For construction and installation bidding packages, if the contractor offers an abnormally low bid compared to the package price, the project owner shall request the contractor to provide explanations and clarify the feasibility and reasonableness of the offered bid as a basis for assessing responsiveness or rejecting the bid dossier 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 after Point a, Clause 2 as follows:

“a) Criteria for evaluation of investors’ capacity, including equity arrangement ability, except for the cases specified at Point a1 of this Clause; capacity to mobilize loan capital and other lawful capital sources.

In case of a consortium, the investors’ capacity shall be determined to be equal to the total capacity of the consortium members. The investor leading the consortium must have an equity holding rate of at least 30% and each consortium member must have an equity holding rate of at least 15%;

a1) The following investors are not required to demonstrate their equity arrangement ability: science and technology enterprises, innovative start-up enterprises, innovation centers, organizations supporting innovative start-ups in accordance with the law on science, technology and innovation; high-tech incubators, high-tech enterprise incubators, high-tech enterprises, enterprises newly established from investment projects for manufacturing high-tech products as prescribed by the law on high technologies;”;

b) To add Clauses 4a, 4b and 4c after Clause 4 as follows:

“4a. In case of a project applying international investor selection, foreign investors who commit to transferring technology to domestic investors or partners shall be eligible for incentives during bid dossier evaluation.

4b. For business investment projects proposed by investors where the form of investor appointment is applied, the investor’s proposal shall be evaluated using the pass/fail method based on the evaluation criteria prescribed at Point a and Point c, Clause 2 of this Article.

4c. In cases where, after evaluating the bid dossiers, two or more investors have equal total scores, priority shall be given to investors 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 directly implemented by themselves, in which the technology has been successfully put into pilot operation, to prove their experience in implementing similar projects when participating in the bidding process.”.

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

“c) Contractors executing bidding packages whose price is within the contractor appointment threshold.”.

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

“4. The modification of a contract that leads to a change in the contract performance duration which, however does not exceed the project implementation period, or an excess in the approved bidding package price (including contingency expenses) without exceeding the total investment or procurement estimate, the project owner shall consider and decide thereon. The total contract price after being adjusted must not exceed the total investment or procurement estimate. For a project or procurement estimate consisting of many bidding packages, the total contract price after being adjusted 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 after Clause 1 as follows:

“1a. To provide clarification responses to the dossiers of invitation for expression of interest, dossiers of invitation to prequalification, bidding dossiers and dossiers of requirements.

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

c) To amend and supplement Clause 2 as follows:

“2. To appraise 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 to form expert teams under Article 19 of this Law in case no consultancy units are hired to formulate dossiers of invitation for expression of interest, dossiers of invitation to prequalification, bidding dossiers or dossiers of requirements; to evaluate dossiers of expression of interest, dossiers for participation in prequalification, bid dossiers, dossiers of proposals.”;

dd) To amend and supplement Clause 12 as follows:

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

a) Approval of a contractor selection plan;

b) Preparation and organization of contractor selection; conclusion and management of contract performance with contractors;

c) Progress, quality, and efficiency of the contract package.”;

c) To amend and supplement Clause 13 as follows:

“13. To negotiate (if any) and finalize the contract with the contractor, and manage contract performance (if any); to negotiate (if any) and finalize the framework agreement with the contractor, and manage the implementation of the framework agreement (if any) in case of centralized procurement applying the framework agreement.”;

g) To add Clause 13a after Clause 13 as follows:

“13a. To approve or disapprove the transfer of workload or scope of work from subcontractors to other organizations or units when necessary to meet the requirements of bidding package progress and quality as proposed by the principal contractor.”.

39. To amend, supplement and 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. In case of investor selection, bid solicitors have the following responsibilities:”;

c) To add Point k1 after Point k, Clause 2 as follows:

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

40. To add a number of clauses of 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 after Clause 2 as follows:

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

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

“4a. To manage and monitor the workload and scope of the bidding package performed by subcontractors; to report to the project owner on the transfer of the subcontractors’ workload to other organizations or units when necessary to meet the requirements on progress and quality of the bidding package.”.

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

“dd) To carry out the examination and supervision of 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) Examination of bidding activities shall cover one or more than one of the following activities: promulgation of documents guiding and directing bidding activities; organization of bidding activities; 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 regularly supervise bidding activities for bidding packages under projects, business investment projects and procurement estimates in the localities and fields under their management, and 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 cover one or more than one of the following contents: dossiers of invitation to prequalification, dossiers of expression of interest, bidding dossiers, dossiers of requirements; evaluation of dossiers for participation in prequalification, dossiers of expression of interest, bid dossiers, dossiers of proposals, dossiers of registration for project implementation; process of organizing contractor or investor selection; application of forms of contractor or investor selection; bidding packages or projects applying contractor or investor appointment, and contractor or investor selection in special cases; performance of bidding tasks by the project owner or bid solicitor; and fulfillment of requirements regarding progress, quality, and outcomes of the bidding packages or business investment projects by the contractors or investors;”.

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

a) To amend and supplement Clause 1 as follows:

“1. If deeming that its/his/her legitimate rights and interests are affected, a contractor or an investor, agency or organization may lodge a petition to the competent person, project owner or bid solicitor to request the latter to reconsider matters arising in the course of contractor or investor selection, or on the contractor or investor selection result.”;

b) To add Clauses 4 and 5 after Clause 3 as follows:

“4. With respect to contractor or investor selection results, the resolution of petitions shall be carried out by the project owner, bid solicitor, or petition settlement council.

5. The Government shall provide detailed regulations on the conditions for reviewing and resolving petitions, the procedures for petition resolution; the composition, responsibilities, and activities of the petition settlement council.”.

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

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

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

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

49. To remove the phrase “competent persons,”, “general plans for contractor selection, contractor selection plans;” in Clause 2, Article 19.

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

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

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

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

Article 2. Amending and supplementing 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 or investment policy proposal report means a document presenting preliminary studies on the necessity, feasibility and efficiency of a project on investment in the form of public-private partnership (below referred to as PPP project), serving as a basis for a competent authority to decide on investment policy.

2. Feasibility study report or construction investment economic-technical report means a document presenting studies on the necessity, feasibility and efficiency of a PPP project, serving as a basis for a 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. Investment projects in the PPP form are implemented in public investment sectors and fields for the purpose of investing in and constructing infrastructure facilities and 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 prescribed 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 and units assigned by competent agencies to sign contracts under Clause 4 of this Article.”;

b) To amend and supplement Clauses 3 and 4, and to add Clause 5 after Clause 4 as follows:

“3. The determination of the competent agency in cases where the project falls under the management of multiple competent agencies as prescribed in Clause 1 of this Article, or in cases of changes to the competent agencies, shall be carried out in accordance with the Government's regulations.

4. A competent agency may assign its attached agency or unit to act as the agency signing contracts of PPP projects 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 about investment policy decisions (if any) and PPP project approval decisions;

b) Information about investor selection, including notice of invitation for bids, investor selection result;”.

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 PPP projects without investment policy, or not in conformity with investment policy, or not in compliance with the competence, order and procedures specified in this Law, except for PPP projects not subject to investment policy decision.”;

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

“b) Simultaneously participating in making and appraising bidding dossiers, or simultaneously participating in evaluating bid dossiers and appraising 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 for which it is required to carry out market surveys or consult investors before making bidding dossiers;

b) Contents of bid dossiers, reports of bid solicitors, reports of expert teams, appraisal reports, reports of consultancy contractors, reports of related specialized agencies in the investor selection process, and investor selection results before they are publicized under regulations;”.

6. To amend and supplement Article 11 as follows:

“Article 11. Process of PPP project implementation

1. For PPP projects under the investment policy decision-making competence of the National Assembly or the Prime Minister, the process of implementation of a PPP project is as follows:

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

b) Preparing and appraising a feasibility study report and approving the project;

c) Conducting investor selection, signing and performing the project contract.

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

a) Preparing and appraising an investment policy proposal report, and deciding on investment policy;

b) Formulating and appraising the feasibility study report or economic-technical report on construction investment, for the PPP project subject to formulation of an economic-technical report on construction investment; and approving the project;

c) Conducting investor selection, signing and performing the PPP project contract.

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

a) PPP projects not using state capital as prescribed in Articles 70, 71, and 72 of this Law (hereinafter referred to as PPP projects not using state capital);

b) PPP projects in science, technology, and innovation as prescribed by the laws on science, technology, and innovation (hereinafter referred to as science and technology PPP projects);

c) PPP projects applying high technology under the law on high technology, or new technologies under the law on technology transfer;

d) Projects applying the O&M contract type;

dd) Projects applying the BT contract type with land fund payment.

In case the projects prescribed in this Clause require the investment policy decision procedure as a basis for implementing procedures in accordance with the laws on land, forestry, and other relevant laws, the PPP project implementation process shall comply with Clause 2 of this Article.

4. For PPP projects proposed by the investor that do not use state capital, or in which the investor holds ownership or the right to use technology listed as strategic technologies and strategic technology products under the law on science, technology, and innovation, and the law on high technologies falling under the case of investor appointment as prescribed in Clause 1, Article 39 of this Law, except for the projects prescribed in Clause 1 of this Article, the process of PPP project implementation is as follows:

a) The investor formulates the feasibility study report enclosed with the capability profile and draft contract;

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

c) Conclusion and implementation of the project contract.

5. For a project to be implemented under a BT contract without payment requirement, the process of PPP project implementation shall be as follows:

a) The investor proposes the project, and prepares a feasibility study report and the draft contract;

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

c) Signing and performing the project contract; organizing the supervision of the construction, conducting acceptance of the complete works in accordance with the law on construction as prescribed for public investment projects.

Projects specified in this Clause are not subject to investor selection under Chapter III, and are not required to implement contents relating to performance of project contracts as prescribed in Articles 53, 54, 58, 59, 61, 62, 63, 64, 65 and 66 of this Law.

6. For a PPP project that involves a work subject to contest for selection of architectural plans, 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 projects not subject to the investment policy decision, the competent agency shall organize the contest for selection of architectural plans during the preparation of the PPP project feasibility study report. The organization of such contest must comply with the law on architecture.

7. A public investment project under a public investment plan that is considered to be transformed into a PPP project shall be implemented in the process specified in Clauses 1, 2, 3, 4 and 6 of this Article, based on its 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 shall decide on investment policy for PPP projects satisfying the criteria for classification of investment projects of national importance as prescribed by the law on public investment, except for nuclear power plant projects.

2. The Prime Minister decides on investment policy for nuclear power plant projects.

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

a) Projects using state capital under the management of the ministries, central agencies, or other agencies;

b) Projects applying the BT contract type with payment from the state budget under the management of the ministries, central agencies, or other agencies.

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

a) Group-A projects as defined by the law on public investment, using state capital under local management;

b) Projects specified in Clause 3, Article 5 of this Law for which the local authority is designated as the competent agency, being Group-A projects as defined by the law on public investment, using state capital;

c) Projects applying the BT contract type with payment from the state budget, with a total investment level equivalent to Group-A projects as defined by the law on public investment, using public investment capital for payment to the investor.

5. The provincial-level People’s Committees shall decide on investment policy for the following PPP projects:

a) Projects under the local management with the total investment amount equal to that of group-B or -C projects as prescribed by the law on public investment, using state capital;

b) Projects specified in Clause 3, Article 5 of this Law for which the local authority is designated as the competent agency, with the total investment amount equal to that of group-B or -C projects as prescribed by the law on public investment, using state capital;

c) Projects to be implemented under BT contracts with payment covered by the state budget obtained after auction of land funds or public assets, for land funds and public assets managed by local authorities;

d) Projects applying the BT contract type with payment from the state budget, with a total investment level equivalent to Group-B or -C projects as defined by the law on public investment, using public investment capital for payment to the investor.

6. In case of adjustment of investment policy for PPP projects, the competence to decide on such 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 within the competence of the National Assembly:

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

b) The State Appraisal Council is established for appraisal of 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, which includes: the objectives; expected scale and location; project implementation duration; land use requirements and other resources (if any); the proposed type of PPP project contract; preliminary total investment amount; preliminary financial plan; structure of funding sources in the project, and expected bracket of prices and charges of public products and services, for projects under which charges are collected directly from users; investment guarantee mechanism, revenue decrease sharing mechanism (if any); and name of the competent agency.

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

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

“b) In conformity with sectors and fields defined in Clause 1, Article 4 of this Law; obtaining opinions from the Ministry of National Defence and the Ministry of Public Security for projects in the fields of national defence, security, public order, and social safety;”.

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

“3. The Government shall prescribe the order and procedures for adjusting PPP project investment policies.”.

11. To amend and supplement Article 21 as follows:

“Article 21. Competence to approve PPP projects

1. Ministers, heads of central agencies, other agencies, or persons delegated authority under Clause 3 of this Article shall approve PPP projects under their management, including:

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

b) Projects not using state capital, except for those having investment policy decided by the National Assembly;

c) Projects applying the O&M contract type; projects applying the BT contract type with payment by land fund; projects applying the BT contract type without requiring payment;

d) Science, technology PPP projects and high-tech application projects under the law on high technologies, and new technologies under the law on technology transfer.

2. Chairpersons of provincial-level People’s Committees or persons delegated authority under Clause 3 of this Article shall 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 under the management scope of the locality.

3. The Government shall detail this Article.”.

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

“3. The competence to approve adjustments of PPP projects must comply with Article 21 of this Law. The Government shall prescribe the order and procedures for adjusting 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 specified at Points a, b, c and d, Clause 1, Article 14 of this Law;

b) Not being the same with another PPP project for which a competent agency has organized the formulation of a prefeasibility study report or has permitted another investor to formulate a prefeasibility study report;

c) Conform to relevant socio-economic development plans and relevant master plans as prescribed by the planning law that have already obtained decisions or approval from competent authorities.

2. The Government shall specify the 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. Provision of consultancy for formulation or appraisal of bidding dossiers; 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 may participate (hereinafter referred to as domestic investors).

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 all investors, including those established under foreign laws (hereinafter referred to as foreign investors) and domestic investors, may participate.

3. The selection of international investors may apply to PPP projects, except:

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

b) Projects subject to domestic bidding due to national defense, national security or protection of state secrets;

c) Projects with total investment capital equivalent to group-B or group-C projects as prescribed by the law on public investment, except for science and technology PPP projects requiring attraction of foreign investors;

d) Projects not falling into the cases specified at Points a, b and c of this Clause and for which the survey has been carried out but there are no foreign investors expressing their interest.

4. For projects implemented in areas with restricted access to land or coastal areas with restricted use in accordance with the land law and other relevant laws, the competent agency shall decide on the application of international investor or investor selection based on the opinions of the Ministry of National Defence, the Ministry of Public Security and 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, 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; and investor selection results; contracts signed with selected investors; and actual 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 after Point b, Clause 1 as follows:

“c) Projects proposed by investors who possess ownership or the right to use strategic technologies;

d) Projects requiring continuation of investor selection in cases where digital infrastructure or digital platforms have previously been deployed, in order to ensure compatibility, synchronization, and technical connectivity;

dd) Projects proposed by investors and approved by competent authorities that require acceleration of progress, promotion of socio-economic development, and assurance of national interests.”;

b) To amend and supplement Clause 2 as follows:

“2. The agency competent to approve the projects shall decide on the investor appointment for projects specified in Clause 1 of this Article.

Prior to deciding to apply investor appointment for the project specified at Point a, Clause 1 of this Article, the competent agency shall obtain written opinions from the Ministry of National Defence and the Ministry of Public Security regarding national defense, national security assurance, and state secret protection requirements.”;

c) To add Clause 3 after 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. Selection of investors in special cases shall be applied to PPP projects satisfying any of the following conditions:

a) Being subject to requirements on assurance of national interests, or performance of national political tasks;

b) Requiring order placement or task assignment to implement projects in strategic sectors, key national investment and development projects in the fields of science, technology, and innovation;

c) Having specific requirements on investment procedures, investor selection, or other specific conditions, whereby application of any of the investor selection forms prescribed in Articles 37, 38, and 39 of this Law would not meet the requirements for project implementation.

2. The competent agency shall decide on the application of the investor selection form in special cases as prescribed 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. Evaluation of the investors’ capacity shall be carried out on a pass/fail basis based on the criteria set forth in the bidding dossiers.

a) Capability to mobilize equity capital, except for the cases prescribed in Clause 1a of this Article;

b) Capability to raise loans and other lawful funding sources.

In case of a consortium, the capacity of the investor shall be determined based on the aggregate capacity of the consortium members. The investor leading a consortium must have an equity holding rate of at least 30%, while each consortium member must have an equity holding rate of at least 15%.”;

b) To add Clause 1a after Clause 1 as follows:

“1a. The following investors are not required to demonstrate their equity arrangement ability: science and technology enterprises, innovative start-up enterprises, innovation centers, organizations supporting innovative start-ups in accordance with the law on science, technology and innovation; high-tech incubators, high-tech enterprise incubators, high-tech enterprises, enterprises newly established from investment projects for manufacturing high-tech products as prescribed by the law on high technologies.”;

c) To add Clauses 3a, 3b and 3c after Clause 3 as follows:

“3a. In case of a science and technology PPP project applying international investor selection, foreign investors who commit to transferring technology to domestic investors or partners shall be eligible for incentives during bid dossier evaluation.

3b. For projects proposed by investors where the form of investor appointment is applied, the investor’s proposal shall be evaluated using the pass/fail method based on the criteria relating to capacity and financial-commercial aspects.

3c. In cases where, after evaluating the bid dossiers, two or more investors have equivalent financial-commercial proposals, priority shall be given to investors with experience in implementing similar projects.

Investors being organizations or enterprises specified at Clause 1a of this Article may use projects or works directly implemented by themselves, in which the technology has been successfully put into pilot operation, to prove their experience in implementing similar projects when participating in the bidding process.”.

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 investor shall establish a PPP project enterprise under the type of limited liability company or joint stock company other than public company, for the purpose of signing and performance of the PPP project contract, except for the cases specified in Clause 4 of this Article. An enterprise registration dossier must comprise contents specified by the law on enterprises and a decision approving the investor selection result.”.

b) To add Clauses 4 and 5 after Clause 3 as follows:

“4. The investor is not required to establish a PPP project enterprise but must organize the management and separately account revenues and expenses of the PPP project from those of other business activities of the investor in the following cases:

a) The investor is a state enterprise;

b) Projects applying the BT contract type; science and technology PPP projects;

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

5. A PPP project enterprise may carry out business activities outside the scope of the PPP project contract when the following conditions are met:

a) Approval is obtained from the lender;

b) Revenues and expenses of the PPP project must be separately managed and accounted for from those of other business activities of the PPP project enterprise;

c) Other business activities must not affect the rights, obligations, and responsibilities of the investor or the PPP project enterprise under the PPP project contract.”.

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

“b) Payment by state budget from the public investment funds or state budget collected after auction of the land use right and public assets and accounted as state budget revenue and expenditure. The value of a BT project work includes the total investment in construction of the work determined under the law on construction and other costs after the construction phase, including interest after the construction phase and reasonable profits of the investor;”.

24. To amend and supplement Article 47 as follows:

“Article 47. PPP project contracts

1. A PPP project contract must specifically state rights and obligations of the contract-signing agency, investor and PPP project enterprise. In case the investor does not establish a PPP project enterprise, the PPP project contract must stipulate that the investor shall fully perform the rights, obligations, and responsibilities of the PPP project enterprise as provided for 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 operation of infrastructure facilities and systems of the PPP project or other facilities directly relating to the PPP project is interrupted 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) Where changes in planning, policies, or relevant laws result in decreased revenue compared to the revenue specified in the financial plan stated in the contract, within the margin agreed upon by the parties as provided in Clause 2, Article 82 of this Law;

dd) Where revenue increases compared to the revenue specified in the financial plan stated in the contract, within the margin agreed upon by the parties as provided in Clause 1, Article 82 of this Law.”;

c) To add Clause 4 after Clause 3 as follows:

“4. For projects proposed by investors and applying the investor appointment method or investor selection in special cases, the contracting parties shall annually update the actual project revenue as a basis for adjusting the contract term in accordance with Point d or Point 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 a force majeure event, or a change in the relevant planning, policy or law which, despite the contracting parties have applied remedial measures, makes it no longer possible to continue performing the PPP project contract;”;

b) To add Point e after Point dd, Clause 2 as follows:

“e) In case science, technology, and innovation products created by the PPP project enterprise have undergone the revenue reduction sharing mechanism as provided in Clause 2a, Article 82 of this Law within the first three years from the commencement of operation and business activities, but the actual revenue remains below 50% of the projected revenue in the financial plan.”;

c) To add Point c after Point b, Clause 2a as follows:

“c) In the case prescribed at Point e, Clause 2 of this Article, when the investor or PPP project enterprise has fully complied with all relevant procedures and regulations during the implementation of scientific research and technology development activities in accordance with the law on science, technology, and innovation, and the State Audit Office of Vietnam has audited the revenue reduction portion.”;

b) To amend and supplement Clause 6a as follows:

“6a. The use of public investment fund for compensation and early termination of the contract shall be as follows:

a) In case where the project contract is terminated during the construction, the competent agency shall, based on the competent authority's decision as prescribed in Clause 2, Article 93 and Clause 3, Article 94 of this Law, formulate a project using public investment fund, including costs for construction of the remaining works, and expenses for compensation and early termination of the contract for the investor and project enterprise. The order and procedures for decision on investment policy, decision on project investment specified at this Point shall comply with the law on public investment.

In case where the competent authority decides not to continue making investment in, and construction of infrastructure facilities and systems that have not yet been completed, the competent agency shall carry out the order and procedures for payment for the investor and PPP project enterprise in accordance with Point b of this Clause;

b) In case where the project contract is terminated during the commercial operation and business, the competent agency shall, based on the competent authority's decision as prescribed in Clause 2, Article 93 and Clause 3, Article 94 of this Law, report to the competent authority to supplement the capital sources into the medium-term and annual public investment plan 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. Activities specified at this Point shall comply with the corresponding order and procedures applicable to each funding source as prescribed by 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. The investors may transfer their shares and contributed capital amounts to other investors; members of an investor consortium may transfer their shares and contributed capital amounts among themselves or to other investors outside the consortium.”;

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

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

c) To amend and supplement Clause 5 as follows:

“5. In case of transfer under Clause 1 of this Article which leads to a change in enterprise registration contents, the PPP project enterprise shall comply with the law on enterprises.”.

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

“2. After infrastructure facilities and systems are completed, contract-signing agencies and PPP project enterprises shall carry out account-finalization of investment capital amounts for construction of infrastructure facilities and systems. For PPP projects applying open bidding or competitive negotiation for selection of investors, the account-finalized value of investment capital amounts for construction of infrastructure facilities and systems or account-finalized value of investment capital amounts for projects without construction components shall be determined based on signed contracts. For PPP projects applying investor appointment or investor selection in special cases for selection of investors, the contract term shall be adjusted according to the account-finalized value, if such value is lower than the contractual value.”.

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

“c) The science and technology PPP project or project requires the transfer of high technology, new and advanced technology from private investors and requires the use of state capital higher than the level prescribed in Clause 2 of this Article to ensure the financial feasibility of the project.”.

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 turnover exceeds the turnover level stated in the financial plan in the PPP project contract from above 110% to above 125%, the investor and PPP project enterprise shall share with the State 50% of the difference between the actual turnover and the turnover stated in the financial plan. The competent agency shall determine the specific turnover-sharing ratio for increased turnover during negotiations with the investor or the PPP project enterprise. The sharing of the increased turnover may be applied after prices and charges of public products and services or the term of the PPP project contract are/is adjusted under Articles 50, 51 and 65 of this Law and such increased turnover is audited by the State Audit Office of Vietnam.

For science and technology PPP projects, the investor or the PPP project enterprise shall not be required to share the increased turnover during the first 3 years from the commencement of operation and business;”.

b) To amend and supplement Clause 2 as follows:

“2. When the actual turnover is lower than the turnover level stated in the financial plan in the PPP project contract from below 90% to below 75%, the State shall share with the investor and the PPP project enterprise 50% of the difference between the turnover stated in the financial plan and the actual turnover. The competent agency shall determine the specific turnover-sharing ratio for decreased turnover during negotiations with the investor or the PPP project enterprise. The sharing of the decreased turnover may be applied when the following conditions are satisfied:

a) The project applies BOT, BTO or BOO contract;

b) There is a change in relevant master plans, policies and laws causing the turnover decrease;

c) An adjusted financial plan has been made based on the highest applicable price or charge for public products or services or an adjustment of the PPP project contract term up to 50 years, but the minimum turnover cannot be reached;

d) The decreased turnover has been audited by the State Audit Office of Vietnam.”;

c) To add Clause 2a after Clause 2 as follows:

“2a. For science and technology PPP projects, within the first 3 years from the commencement of operation and business, a 100% sharing of the difference between the actual turnover and the turnover in the financial plan shall be applied if the actual turnover is lower than the one stated in the financial plan. The sharing of decreased turnover under this Clause shall apply when the PPP project satisfies the conditions prescribed in Clause 2 of this Article.”;

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

“3. The mechanism of sharing decreased turnover provided in Clause 2 of this Article shall be determined in the project approval decision and in conformity with investment policy decisions (if any). Based on actual conditions of sectors and localities in terms of available conditions of each funding source and the priority level of state budget expenditure tasks in each period, the competent agency of the project shall determine the feasible funding source to pay for the reduced revenue and report to the competent authority according to the corresponding regulations for each funding source. The order of priority of funding sources as follows:”;

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

“b) Increased revenue compared to the estimate, unspent estimated expenditure of the central budget; increased revenue compared to the estimate, unspent estimated expenditure of the local budget for development investment. The order and procedures for formulation and approval of projects using increased revenues compared to the estimate and unspent estimated expenditure of each budget level under this Point must comply with the public investment and the state budget laws;”;

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

“3a. For projects falling within the investment policy-deciding or project-approving competence of the National Assembly, Prime Minister, ministers or heads of central agencies and other agencies, the central budget shall be used first of all for covering decreased revenues. For projects falling within the investment policy-deciding or project-approving competence of provincial-level People’s Councils or People’s Committees, local budgets shall be used for covering decreased revenues. For projects each implemented in two or more provincial-level administrative units, provincial-level People’s Committees assigned as competent agencies shall agree on responsibilities of respective localities for covering decreased revenues in projects’ investment policy or approval decisions.”.

31. To amend and supplement Article 84 as follows:

“Article 84. Inspection of investment in the PPP form

1. Inspection of investment in the PPP form shall be carried out for competent agencies, contract-signing agencies, investors, PPP project enterprises and other agencies, organizations and individuals involved in investment in the PPP form referred to in this Law.

2. The organization and operation of inspectorates of investment in the PPP form shall comply with the inspection law.”.

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 preparation of prefeasibility study reports, investment policy proposal reports and feasibility study reports for PPP projects, and organize the selection of investors, negotiation and signing of PPP project contracts according to their competence provided in this Law.”;

b) To amend and supplement Clause 3 as follows:

“3. To decide on termination or suspension of PPP project contracts, for projects falling within their contract-signing competence.”.

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

“Article 99a. Handling of difficulties related to turnover reduction in BOT traffic projects signed before the effective date of this Law

1. For BOT projects in the road traffic sector with contracts signed before January 1, 2021, the State shall share with investors and PPP project enterprises the difference between the turnover stated in the financial plan and the actual turnover.

2. The sharing of the decreased turnover specified in Clause 1 of this Article may be applied when the following conditions are satisfied:

a) The project is affected by changes in planning, policies, and relevant laws of the State, and after the application of adjustment measures in accordance with the law and the recalculation of road toll and project contract terms, the actual turnover for the latest three years is less than 75% of the turnover stated in the financial plan under the PPP project contract, and the financial plan still fails to ensure efficiency;

b) The project contract does not stipulate the application of the turnover increase or decrease sharing mechanism;

c) The contract-signing agency has negotiated with the investor, PPP project enterprise, and lender on the rate of return on equity, interest rate on borrowed capital, and debt repayment plan in the financial plan. In cases where the adjusted financial plan is not feasible, the decreased turnover sharing mechanism provided in this Article shall not be applied;

d) The decreased turnover and the amount of money to be shared by the State have been audited by the State Audit Office of Vietnam.

3. The decreased turnover sharing as provided in Clause 2 of this Article shall be implemented once and shall not require procedures for adjustment of the investment policy or project. Ministers or Chairpersons of provincial-level People’s Committees shall decide on the application of decreased turnover sharing and the sharing ratio for projects under their approval competence in accordance with the Government’s regulations, ensuring fairness, transparency, and that there shall be no increase in road toll or extension of the toll collection duration as stated in the signed contract.

4. The funding sources for payment of decreased turnover under this Article shall be implemented in accordance with Clause 3, Article 82 of this Law.

5. The Government shall detail this Article.”.

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

Article 3. Amending and supplementing a number of articles of the Customs Law

1. To amend and supplement Article 42 as follows:

“Article 42. Conditions for application of the priority regime

1. An enterprise may be recognized as eligible for the priority regime when fully meeting the following conditions:

a) Strictly observing the customs and tax laws for 2 consecutive years;

b) Earning an annual export and import value reaching the prescribed level;

c) Carrying out e-customs procedures and e-tax procedures; having an information technology software or system for managing its export and import activities connected or shared with the customs office;

d) Making via-bank payment;

dd) Having its internal control system;

e) Strictly observing accounting and audit regulations.

2. Enterprises that are announced by the Ministry of Science and Technology as high-tech enterprises; enterprises newly established from investment projects in high-tech product manufacturing; enterprises implementing strategic technology projects; enterprises implementing projects on manufacturing key digital technology products, projects on research and development, design, production, packaging, and testing of semiconductor chip products, projects on constructing artificial intelligence data centers; and enterprises implementing projects on manufacturing supporting products directly used in the semiconductor industry shall be recognized as eligible for the priority regime upon satisfying all the conditions specified at Points c, d, dd, and e, Clause 1 of this Article.

3. Priority enterprises in countries or territories that have signed with Vietnam agreements on mutual recognition of priority enterprises may apply the priority regime in accordance with this Law.

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

2. To add Clause 4 after 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 technology, strategic technology, and key digital technology according to the list announced by the Ministry of Science and Technology.

The list specified in this Clause shall include harmonized commodity codes consistent with the List of Vietnam's exports and imports.”.

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

“Article 47a. Customs inspection and supervision of goods imported and exported on the spot

1. Goods imported and exported on the spot are goods delivered and received in Vietnam as designated by foreign traders under sale, processing, leasing, or borrowing contracts between Vietnamese enterprises and foreign traders.

2. Goods exported or imported on the spot must go through customs procedures and are subject to customs inspection and supervision.

3. The Government shall detail this Article.”.

Article 4. Amending and supplementing 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, including: goods sold from Vietnam to overseas organizations and individuals and consumed outside Vietnam; goods sold from Vietnam to organizations in non-tariff areas and consumed in non-tariff areas to directly serve export production activities; goods sold in immigration sterile area to individuals (foreigners or Vietnamese) who have completed exit procedures; and goods sold at duty-free shops; goods exported on the spot;”.

Article 5. Amending and supplementing 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” with the phrase “Points b, c and d, Clause 21”in Clause 1, Article 17.

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

“21. Goods imported to serve the development of science and technology, innovation, and digital technology industry, including:

a) Special-use machinery, equipment, spare parts and supplies, and special-use scientific documents, newspapers and books imported to directly serve science, technology, innovation and digital technology industry;

b) Goods imported for forming fixed assets of investment projects for the development of science, technology, innovation, and the digital technology industry in accordance with the law on investment, science, technology and innovation, and the law on the digital technology industry; investment projects, including new investment projects and expanded investment projects.

Goods imported for forming fixed assets as prescribed at this Point are the goods specified at Points a, b, and c, Clause 11 of this Article;

c) Imported raw materials, supplies, and components for production and research by science and technology organizations, hi-tech enterprises, and enterprises newly established from investment projects for the production of high-tech products that have been granted Certificates in accordance with the law on high technologies, science and technology enterprises, and innovation centers, shall be exempted from import duty for a period of 05 years from the commencement of research and production;

d) Imported goods being raw materials, supplies, and components not yet domestically produced and directly serving the production of digital technology products; imported raw materials, supplies, and components for research and pilot production of research and development centers.”.

Article 6. Amending and supplementing 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 industry products; research and development activities, and production of products formed from scientific and technological outcomes in accordance with the law on science, technology and innovation; investment in the construction of large data center infrastructure, cloud computing infrastructure, mobile infrastructure from 5G and above, and other digital infrastructure in the field of strategic technology as decided by the Prime Minister; investment in the field of strategic technology, production of strategic technology products as decided by the Prime Minister; investment in the field of innovation and digital transformation in accordance with the law on science, technology and innovation;”;

b) To add Point a1 after Point a, Clause 1 as follows:

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

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

“dd) Manufacture of digital technology products, and provision of digital technology products;”;

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

“h) Investment in development, operation and management of infrastructure facilities; development of mass transit in urban centers; 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, centralized digital technology parks, and economic zones.”.

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

“1. Based on master plans already decided or approved in accordance with the planning law, ministries, ministerial-level agencies and provincial-level People’s Committees shall formulate plans on development investment in, and organize the construction of, technical and social infrastructure systems outside the fences of industrial parks, export processing zones, hi-tech parks, centralized digital technology parks and functional sub-zones of economic zones. For industrial parks with worker accommodation, the provisions of the Law on Housing shall also be complied with.”.

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) Investment projects to establish new innovation centers, research and development centers, investment projects for the construction of large data center infrastructure, cloud computing infrastructure, mobile infrastructure from 5G and above, and other digital infrastructure in the field of strategic technology as decided by the Prime Minister, investment projects in the field of strategic technology, production of strategic technology products as decided by the Prime Minister, capitalized at VND 3 trillion or more, and having disbursed at least VND 1 trillion in 3 years after obtaining an investment registration certificate or written approval of investment policy (including also the expansion of such investment projects); and the National Innovation Center established under the Prime Minister’s decision;”;

b) To add Point a1 after Point a as follows:

“a1) Investment projects for the production of key digital technology products; projects for research and development, design, manufacturing, packaging, and testing of semiconductor chips; projects for the construction of artificial intelligence data centers in accordance with the law on the digital technology industry, with a total investment capital of VND 6,000 billion or more, with a minimum disbursement of VND 6,000 billion within 5 years after obtaining an investment registration certificate or written approval of investment policy;”;

c) To amend and supplement Point b as follows:

“b) Investment projects (including new and expanded investment projects) in sectors or trades eligible for special investment incentives capitalized at VND 30 trillion or more, having disbursed at least VND 10 trillion in 3 years after obtaining an investment registration certificate or written approval of investment policy.”.

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

“d) Foreign investors may establish economic organizations to implement investment projects prior to carrying out the procedures for issuance or adjustment of the investment registration certificate for investment projects to establish innovation centers, research and development centers, investment projects for the construction of large data center infrastructure, cloud computing infrastructure, mobile infrastructure from 5G and above, and other digital infrastructure in the field of strategic technology as decided by the Prime Minister, investment projects in the field of strategic technology, and the production of strategic technology products as decided by the Prime Minister.”.

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

“c) Investors implement investment projects in industrial parks, hi-tech parks or centralized digital technology parks;”.

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

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

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

b) To add Point g2 after 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 after Point e, Clause 1 as follows:

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

h) Investment projects to build new 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 more;

i) New investment projects to provide air passenger transport services;

k) Investment projects on petroleum processing.”;

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

“b) Investment projects to build houses (for sale, lease or lease-purchase) or urban centers, regardless of their land use areas and population;

dd) Investment projects on construction and commercial operation of infrastructure in industrial parks, export processing zones or centralized digital technology parks;

e) Investment projects to build new harbors or harbor areas of special seaports; class-I seaports;”;

c) To add Clause 1a after Clause 1 as follows:

“1a. Investment projects concurrently falling under the competence for approval of investment policy of two or more provincial-level People’s Committees shall be implemented in accordance with the Government's regulations.”.

9. To amend and supplement Article 33 as follows:

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

Dossiers and contents of appraisal of requests for approval of investment policy shall comply with the Government's regulations.”.

10. To amend and supplement Article 34 as follows:

“Article 34. Order and procedures for approval of investment policy by the National Assembly

1. The Ministry of Finance shall report to the Prime Minister for establishment of a State Appraisal Council to organize the appraisal of the project under the competence to approve investment policy of the National Assembly as prescribed in Article 30 of this Law.

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

a) The report of the Government;

b) The investment project proposal and relevant documents as prescribed by the Government;

c) The appraisal report of the State Appraisal Council;

d) Other relevant documents.

3. Contents of verification of a request for approval of investment policy:

a) The satisfaction of the criteria for determining the investment project to be subject to approval of investment policy by the National Assembly;

b) The necessity for project implementation;

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

d) Project implementation objectives, scope, site, duration and schedule, land use demand, plan on ground clearance, relocation and resettlement, plan on selection of major technologies and environmental protection solutions;

dd) Total investment capital and capital sources;

e) Assessment of socio-economic benefits, assurance of national defense and security and sustainable development of the project;

g) Special mechanisms and policies; investment incentives and supports and conditions for application thereof (if any).

4. The Government and related agencies, organizations and individuals shall provide sufficient information and documents to serve the verification; give explanations about matters related to the project when so requested by the National Assembly’s agency in charge of verification.

5. Within 60 days before the opening of the National Assembly session, the Government shall prepare and submit the dossier of request 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 approval of investment policy, covering the contents specified in Clause 1, Article 3 of this Law.

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

11. To amend and supplement Article 35 as follows:

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

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

12. To amend and supplement Article 36 as follows:

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

Dossiers, order and procedures for appraisal of investment projects subject to approval of investment policy by provincial-level People’s Committees shall 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 may choose investment registration under this Article for investment projects located in industrial parks, export processing zones, hi-tech parks, centralized digital technology zones, free-trade zones, and functional zones of economic zones in the following fields:”;

b) To add Point c after Point b, Clause 1 as follows:

“c) Investment projects for the construction of large data center infrastructure, cloud computing infrastructure, mobile infrastructure from 5G and above, and other digital infrastructure in the field of strategic technology as decided by the Prime Minister; investment projects in the field of strategic technology and production of strategic technology products as decided by the Prime Minister.”;

c) To amend and supplement Clause 2 as follows:

“2. An investment registration dossier must comprise the documents specified in Article 33 of this Law, including a written request for implementation of investment projects that shows commitments to satisfying the conditions, standards and regulations in the construction, environmental protection, and fire prevention and firefighting laws, the investment project proposal which contains identification, forecasts of environmental impacts and measures to minimize negative environmental impacts in substitution for preliminary environmental impact assessment.”.

14. To amend and supplement Article 38 as follows:

“Article 38. Procedures for grant of investment registration certificates

Conditions, dossiers, order and procedures for grant of investment registration certificates shall comply with the Government's regulations.”.

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

“2. The operation duration of an investment project outside an economic zone must not exceed 50 years. For an investment project in a geographical area meeting with difficult socio-economic conditions or in a geographical area meeting with extremely difficult socio-economic conditions or an investment project which has a large investment capital amount but capital recovery is slow; investment projects on construction and commercial operation of infrastructure in industrial parks, export processing zones or centralized digital technology parks; projects eligible for special investment incentives and supports specified at Point a, Clause 2, Article 20 of this Law, the operation duration 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 cover:

a) Inspection, monitoring and evaluation of investment projects;

b) Overall inspection, monitoring and evaluation of investment.

2. Responsibility 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 under their management;

b) Investment registration agencies shall inspect, monitor and evaluate investment projects for which they are competent to grant investment registration certificates.

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

a) For investment projects using state capital for business investment, state management agencies in charge of investment and specialized state management agencies shall inspect, monitor and evaluate such projects based on the contents and criteria approved under investment decisions;

b) For projects using other funding sources, state management agencies in charge of investment and specialized state management agencies shall inspect, monitor and evaluate the objectives and conformity of such projects with approved master plans and investment policy, investment schedule, and satisfaction of law-prescribed requirements on environmental protection, technology, and use of land and other natural resources;

c) Investment registration agencies shall inspect, monitor and evaluate the contents specified in investment registration certificates or written approvals of investment policy.

4. Contents of overall inspection, monitoring and evaluation of investment:

a) Promulgation of legal documents detailing and guiding the implementation of the law on investment; and the implementation of the law on investment;

b) Actual implementation of investment projects;

c) Evaluation of investment results nationwide and in ministries, ministerial-level agencies and localities, and investment projects as decentralized;

d) Sending of recommendations on investment evaluation results and measures to handle problems and violations of the law on investment to the same-level and superior state management agencies in charge of investment.

5. Inspecting and evaluating agencies and organizations may themselves carry out investment inspection and evaluation or hire fully qualified and capable experts or consultancy organizations to do so.

6. The inspection and audit of investment project operations shall be carried out in accordance with the law on inspection and the law on audit.

7. The Government shall detail this Article.”.

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

“3a. With respect to secondary projects in urban areas implemented before January 1, 2021, for which the land use right certificate has been issued and land-related financial obligations have been fulfilled, and which are now unable or no longer intended to be continued and do not fall under the cases of termination of operation as prescribed in Article 48 of this Law, the entire or a part of the project may be transferred along with the transfer of land use rights and land-attached assets.

The transferee investor shall inherit the rights and obligations of the transferor investor with respect to the transferred part of the project for continued implementation; and may be approved, have the investment policy adjusted, and be granted or have the Investment registration certificate adjusted with respect to the transferred part of the project upon request in accordance with the Government’s regulations.”.

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

a) To add ordinal numbers 233 and 234 after ordinal number 232 as follows:

b) To remove the business line “Commercial operation of urban railways” at ordinal number 97.

Article 7. Amending and supplementing a number of articles of the Law on Public Investment

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

“5. Tasks and investment projects funded lawfully by organizations and individuals and not required to be included in the state budget shall not be subject to the provisions of 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 agencies 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, and central agencies of the Vietnam Fatherland Front and of socio-political organizations; 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 after Clause 14 as follows:

“14a. Special public investment project means a public investment project implemented under the direction of the Politburo, the Secretariat of the Party Central Committee, 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 decision on investment policy for or decision on investment in, 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 results, payment, account-finalization and handover of public investment programs; 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 for the formulation and appraisal of, and decision on investment policy for, projects; and formulation and appraisal of, and decision 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 that 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 carried forward into the subsequent medium-term public investment plan 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 in contravention of strategies, master plans or plans; failing to identify capital sources and capital-balancing capacity, except for projects not subject to investment policy decision-making under 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 while not yet obtaining the competent authority’s investment policy decision; deciding on investment or deciding on adjustment of programs or projects ultra vires, or in contravention of the contents on objectives and locations, or deciding on investment with capital exceeding the level of public investment capital stated in the investment policy decided by the competent authority.”.

5. To amend, supplement and 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 for those 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 of 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 programs using ODA, foreign concessional loans, 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, and lawful capital sources of localities in the provincial-level localities; and group-A projects each implemented in 2 or more provincial-level administrative units and with the provincial-level People’s Committee acting as the managing agency under the Prime Minister’s decision;”;

e) To add Point c after Point b, Clause 5 as follows:

“c) Group-A projects funded entirely by local budgets in support of the implementation of central budget expenditure tasks in accordance with the law on the state budget after reaching consensus with the ministries, central agencies, or organization directly assigned to manage the projects.”;

g) To add Point d after Point c, Clause 7 as follows:

“d) Group-B or -C projects funded entirely by local budgets in support of the implementation of central budget expenditure tasks in accordance with the law on the state budget after reaching consensus with the ministries, central agencies, or organization directly assigned to manage the projects.”;

h) To amend and supplement Clause 9 as follows:

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

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

b) Group-B and group-C projects each implemented in 2 or more commune-level administrative units, of which the commune-level People’s Committee is assigned by the Chairperson of provincial-level People’s Committee for acting as the investment policy-deciding agency.”;

i) To amend and supplement Clause 10 as follows:

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

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

“b) 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 after Point c, Clause 12 as follows:

“d) Order and procedures for decision on investment policies for projects under the Prime Minister's competence.”.

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

“c1) Special public investment projects;

c2) Projects for construction of local railway works, local railway projects implemented in the urban development model oriented towards transit-oriented development (TOD) that are included in 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 the Minister or Head of a ministerial-level agency acting as its 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 process of formulating the proposal report on investment policy of the national target program and the prefeasibility study report of the national important project.”;

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 area to be used, 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 to appraise, or assign a ministry or the head of a ministerial-level agency to assume the prime responsibility for, and coordinate with related agencies in, appraising, investment policy proposal reports. The establishment of appraisal councils shall be carried out at the same time as the formulation of investment policy proposal reports.”.

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 programs using ODA, foreign concessional loans, group-A, group-B and group-C projects falling within the competence of 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 to appraise and evaluate capital sources and capital-balancing capacity;

c) To direct the units specified at Point a of this Clause in completing prefeasibility study reports or investment policy proposal reports based on 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 tentative plan on capital allocation.”.

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

“Article 28. Order and procedures for deciding on investment policy for projects falling within the competence of 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 the investment policy of a project implemented in two or more commune-level administrative units. In case the project is implemented by the provincial level, the provincial-level People’s Committee shall decide on the investment policy of the project.

2. The order and procedures for decision on investment policy of the projects shall follow Article 28 of this Law.”.

14. To amend and supplement Article 36 as follows:

“Article 36. Decentralization of powers 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 constitutes one of the contents of the appraisal of investment policy.

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 subject to the Government's investment policy decision.

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 management within the limit prescribed 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 management within the limit prescribed in Article 36a of this Law.

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

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

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

1. Ministries, central agencies, and localities are entitled to proactively prepare for investment and approve investment policies of programs and projects implemented in the subsequent medium-term public investment plan period. The appraisal limit for capital sources and capital-balancing ability of programs and projects shall not exceed two times the allocated medium-term public investment plan capital of the current period from each funding source assigned to ministries, central agencies, and localities.

In case ministries, central agencies, and localities are not allocated capital from the current medium-term public investment plan, or when they are assigned to implement a program or project that requires approval of investment policy with a total investment capital exceeding the limit specified in this Clause, the Prime Minister shall consider and decide with respect to central budget capital, and the Chairperson of the provincial-level People’s Committee shall consider and decide with respect to local budget capital.

2. After the notification of the total capital for the subsequent period is issued in accordance with Clause 4, Article 59 of this Law, ministries, central agencies, and localities shall be responsible for prioritizing the allocation of capital in accordance with 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, excess of the level of public investment capital, 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 or commune-level administrative units and with the commune-level People’s Committee acting as the investment policy-deciding agency.”.

17. To amend, supplement and annul a number of clauses 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, nationally important projects of which the investment policy has been approved by the National Assembly, public investment programs of which the investment policy has been approved by the Government, and public investment projects having investment policy approved by the Prime Minister, for which the ministry or agency is the program owner or the managing agency;

b) To decide on investment in programs using ODA capital, foreign concessional loans, and projects classified as group-A, group-B, and group-C under their management;

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

d) Based on the specific conditions of a project, to assign the specialized construction investment project management unit or the regional construction investment project management unit to act as the project owner. In case no project management unit is available or the project management unit is available but is unqualified to act as the project owner, the concerned minister or central agency’s head may assign an agency/organization with management experience and capacity to act as the project owner and take responsibility for its 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 having the investment policy approved by the National Assembly, for which the provincial-level People's Committee acts as the managing agency;

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 managed by commune-level authorities.”;

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; 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, the ministers or heads of central agencies who are the program owners shall:

a) Assign a specialized agency or affiliated unit, including affiliated public non-business units, to prepare the program’s feasibility study report;

b) Assign a competent unit or agency to conduct the appraisal, or to establish a council to appraise the feasibility study report for the contents specified in Clause 1, Article 47 of this Law.

The appraisal council or the unit or agency in charge of appraisal may invite organizations or individuals with relevant expertise and experience to participate in the appraisal of the feasibility study report;

c) Direct the unit or agency specified at Point a of this Clause to finalize the feasibility study report on the basis of appraisal opinions.

2. The head of the ministry or central agency shall decide on investment in the national target program.”.

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, the ministers or heads of central agencies who are the program owners shall:

a) Assign a specialized agency or affiliated unit, including affiliated public non-business units, to prepare the program’s feasibility study report;

b) Assign a competent unit or agency to conduct the appraisal, or to establish a council to appraise the feasibility study report for the contents specified in Clause 1, Article 47 of this Law.

The appraisal council or the unit or agency in charge of appraisal may invite organizations or individuals with relevant expertise and experience to participate in the appraisal of the feasibility study report;

c) Direct the unit or agency specified at Point a of this Clause to finalize the feasibility study report on the basis of appraisal opinions.

2. The head of the ministry or central agency shall decide on investment in the 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, a national important project:

Based on investment policy decided by the National Assembly or the Prime Minister, the ministers or heads of central agencies or Chairpersons of provincial-level People’s Committees who are the managing agencies shall:

a) Assign a specialized agency or affiliated unit, including affiliated public non-business units, to prepare the project’s feasibility study report;

b) Assign a competent unit or agency to conduct the appraisal, or to establish a council to appraise the feasibility study report for the contents specified in Clauses 2 and 3, Article 47 of this Law.

The appraisal council or the unit or agency in charge of appraisal may invite organizations or individuals with relevant expertise and experience to participate in the appraisal of the feasibility study report;

c) Direct the unit or agency specified at Point a of this Clause to finalize the feasibility study report on the basis of appraisal opinions

d) Ministers, Heads of central agencies and Chairpersons of provincial-level People’s Committees shall decide on investment in the national important project.”.

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

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

1. Based on the directives of the Politburo, the Secretariat of the Party Central Committee, or the Government Party Committee, the minister or head of central agency, or the chairperson of provincial-level People’s Committee shall organize the formulation and appraisal of the feasibility study report, the economic-technical report, and decide on the investment of special public investment projects under their management.

2. The project owners may solely decide on all activities in the investment process to ensure timely and quality implementation of the project, and may apply the measures specified at Points a, b, and c of this Clause when necessary, and shall take responsibility for their decisions:

a) To apply the method of contractor appointment for the project’s bidding packages;

b) To implement the project using the design-and-build method and apply simplified procedures as prescribed by the laws on the state budget, bidding, construction, urban planning, environmental protection, minerals, and other relevant laws;

c) To apply separate cost norms for formulation, appraisal, and approval of project estimates. The Government shall assign the competent ministries and central agencies to issue the specific cost norms applicable to 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 amount already obtaining the investment policy decision from the competent authority, the concerned 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 are 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) In case a project's extension period as permitted under Points b and c of this Clause exceeds but it still requires further extension, the project-managing agency shall review responsibilities and report thereon to the Prime Minister for consideration and decision on extension of the time limit for capital allocation, for projects funded by the central budget; People’s Committees shall review responsibilities and report thereon to the People’s Councils at the same level 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 and annul a number of points and clauses of Article 59 as follows:

a) To annul Articles 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, amount expected to be allocated to each ministry or central agency and 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 at the end-of-term medium-term assessment report;”;

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 resolution of the provincial-level People’s Council 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 medium-term public investment plan, list of projects and capital level 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 resolution of the provincial-level People’s Council on the medium-term public investment plan, the concerned commune-level People’s Council shall decide on the commune-level medium-term public investment plan, 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 People’s Committee at the same level shall assign the medium-term public investment plan to the concerned units for implementation, stating information on total capital, list of programs and projects and level of capital allocated for each program/project, total capital for planning tasks, total capital for investment preparation tasks 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. Pursuant to the National Assembly’s resolutions, competent authorities’ plan assignment decisions, and resolutions of People’s Councils at all levels on medium-term and annual public investment plans, ministries, central agencies and localities, 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 agencies and localities, 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 agencies and localities, commune-level People’s Committees, and agencies and units using public investment capital shall:”.

32. To amend, supplement and 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 investment plans funded by the central budget in case such adjustment does not exceed the total central state budget expenditure of the whole country as 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 investment plans funded by the central budget in case such adjustment does not exceed the total medium-term capital decided by the National Assembly.”;

d) To amend and supplement Clause 5 as follows:

“5. Ministers, heads of central agencies and Chairpersons of provincial-level People’s Committees shall decide on the adjustment of medium-term and annual public investment plans using the central budget’s capital under their management, if the total medium-term and annual capital decided by the National Assembly remains unchanged.”;

dd) To amend and supplement Clause 8 as follows:

“8. People’s Committees at all levels shall decide on the adjustment of medium-term and annual public investment plans funded by the local budget if the total medium-term and annual capital decided by the People's Councils at the same levels remains unchanged.”;

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 time for implementation of and disbursement for public investment plans of a year may last through January 31 of the subsequent year. In case ministries, central agencies, localities and budget-using units under ministries, central agencies, and localities, as well as commune-level People’s Committees, are allocated additional funds after September 30 of the plan year to implement tasks, programs, and projects, the time for implementation of and disbursement 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 shall decide, for public investment plans using central budget funds, or chairpersons of People’s Committees at all levels shall decide, for public investment plans using local budget funds under their management, to permit the prolongation of the time for implementation of and disbursement 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 plan 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 unforeseeable objective reasons while it is impossible to remediate their consequences;

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

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

Ministers, heads of central agencies and provincial-level People’s Councils, Chairpersons of People's Committees at all levels shall take responsibility for the list and capital level permitted to extend implementation and disbursement time, and must ensure full disbursement of the extended capital.”.

34. To amend, supplement and 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 from the central budget for medium-term and annual public investment plans.”;

c) To add Clause 12 after Clause 11 as follows:

“12. To provide for the review of responsibilities and the reassignment of cadres, public employees, civil servants, and workers who fail to fulfill their assigned duties and responsibilities, resulting in the failure of programs, tasks, and projects to meet the progress as scheduled.”.

35. To amend, supplement and 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 the competence specified in Article 18 of this Law.”;

b) To annul Clause 4 and Clause 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 on public investment, and principles, criteria and norms for the allocation and use of public investment capital;

2. To report 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 of public investment plans funded with the state budget;

4. To summarize, and submit to the Prime Minister the adjustment of, the country’s medium-term public investment plans; to submit to the Government for adjustment of the country’s annual public investment plans, and submit to the Government and the Prime Minister for consideration and reporting to the National Assembly the adjustment 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 on and assignment of medium-term and annual public investment objectives, tasks and plans of national target programs funded with the central budget;

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

8. To submit to competent authorities for promulgation, or promulgating according to its competence, regulations on management, payment and finalization of projects financed with public investment funds;

9. To report to the Government on the disbursement and finalization of 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 projects as specified in Article 36 of this Law.”.

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

a) To annul Point b, Clauses 2, 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 specified in this Law;

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

c) To assign one commune-level People’s Committee to act as the managing agency for implementation of a project located in two 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 propose the commune-level People’s Councils to decide on 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 the commune-level People’s Councils at the coming meeting.

5. To organize the implementation, monitoring, evaluation, and inspection of plans, programs and projects and perform other tasks of state management of public investment as delegated; to coordinate with related agencies and organizations in implementing, monitoring, inspecting 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 adjustment of investment decisions of, programs and projects in conformity with the objectives, locations, 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 and regulations on investment, 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 agencies and localities, 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 the phrase “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; Article 86; and Article 93.

Article 8. Amending and supplementing 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 state management of public property; the regime of management and use of public property; rights and obligations of agencies, organizations, units, and individuals in the management and use of public property.

Public property being money in the state budget, 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 implementation of science, technology, and innovation tasks using state capital shall comply with the law on science, technology and innovation, and the law on intellectual property.”.

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

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

a) Performing tasks and exercising powers of state management over public property as prescribed in Article 18 of this Law;

b) Directly managing and handling certain types of public property as prescribed by this Law and relevant laws.

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

3. To amend and supplement Article 44 as follows:

“Article 44. Use of public property for payment to investors in implementation of construction investment projects in the form of build-transfer contracts

The use of public property for payment to investors in implementation of construction investment projects in the form of build-transfer contracts shall be carried out in accordance with the law on investment in the form of public-private partnership.”.

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

“1. Proceeds from the disposal of public property at state agencies shall be managed by the agency assigned to handle the property. After deducting expenses related to the property disposal, the remaining amount shall be fully remitted into the state budget by the agency assigned to handle the property.”.

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

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

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

“1. Entities assigned to manage infrastructure property may directly organize the exploitation of such property in accordance with regulations of the Government.”.

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

“a) In case the entity assigned to manage the property is a state agency or a unit of the people’s armed forces, the proceeds from the exploitation of such property, after deducting expenses related to such exploitation, shall be fully remitted into the state budget;”.

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

“d) Other forms of disposal as prescribed by the Government.”.

9. To amend and supplement Article 94 as follows:

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

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

2. Expenses related to the disposal of the property include:

a) Inventory and measurement costs;

b) Relocation, demolition, and destruction costs;

c) Valuation and appraisal costs;

d) Sale organization costs;

dd) Other reasonable related expenses.”.

10. To amend and supplement Article 102 as follows:

“Article 102. Use of property for project operation

1. The use of property for project operation shall be carried out in accordance with the project’s objectives, as prescribed in Section 3, Chapter III of this Law and other relevant laws.

2. The management, use, and handling of property formed from production development support projects using state-funded assistance for communities and individuals participating in the project shall be carried out in accordance with mechanisms and policies of national target programs and other relevant laws.”.

11. To amend and supplement Article 117 as follows:

“Article 117. Use of land use right value for payment to investors in implementation of construction investment projects in the form of build-transfer contracts

The use of land use right value for payment to investors in implementation of construction investment projects in the form of build-transfer contracts shall comply with the law on investment in the form of public-private partnership.”.

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

a) To add the phrase “centralized digital technology parks” after the phrase “high-tech zones” in Clause 2, Article 4;

b) To replace the phrase “as decided by the Prime Minister” with the phrase “as prescribed by the Government” at Point g, Clause 4, Article 41;

c) To replace the phrase “except in special cases decided by the Prime Minister at the request of the Minister of Finance based on the request of the minister, head of the central agency, or Chairperson of the provincial-level People's Committee concerned” with the phrase “except in special cases as prescribed by the Government” in Clause 2, Article 42;

d) To replace the phrase “as decentralized by the Government” with the phrase “as prescribed by the Government” in Clause 3, Article 107.

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

a) To remove the phrase “, scientific and technological tasks” from Clause 10, Article 3;

b) To remove the phrase “use of public property for payment to investors in implementation of construction investment projects in the form of build-transfer contracts;” from Clause 3, Article 13;

c) To remove the phrase “decentralization of authority in the management and use of public property;” from Point a, Clause 2, Article 15;

d) To remove the phrase “and property formed through the implementation of scientific and technological tasks using state capital” from Point c, Clause 2, Article 15;

dd) To remove the phrase “and decentralization by the Government” from Clauses 4 and 8, Article 15, and Points a and d, Clause 1, Article 16;

e) To remove the phrase “inspection,” from Clause 7, Article 15;

g) To remove the phrase “; inspect the management and use of public property as prescribed by law and as assigned by the Government” from Clause 2, Article 16;

h) To remove the phrase “district-level People’s Committees,” from Clause 2, Article 18;

i) To remove the phrase “and decentralization by the provincial-level People’s Council” from Clause 4, Article 18;

k) To remove the phrase “as decentralized by the Government” from Point b, Clause 2, Article 69.

14. To annul Clause 4, Article 13; Clause 2, Article 17; Clauses 4, 5, 6, and 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, and Point e, Clause 2, Article 65; Article 105; and Article 118.

Article 9. Implementation provisions

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

2. To annul Point b, Clause 3, Article 33 of the Housing Law No. 27/2023/QH15, which was 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, 2, 3, and 4, Article 29 of the Law on Public Debt Management No. 20/2017/QH14.

Article 10. Transitional provisions

1. Transitional provisions of those amending and supplementing the Bidding Law as follows:

a) For bidding packages for selection of contractors, or business investment projects for which the dossiers of invitation for expression of interest, dossiers of invitation for prequalification, bidding dossiers, or dossiers of requirements have been distributed, and bid opening has taken place before the effective date of this Law, the selection of the short list, selection of contractors or investors, contract conclusion and performance management shall continue to be carried out in accordance with the Bidding Law No. 22/2023/QH15, of which a number of articles are amended and supplemented under Law No. 57/2024/QH15, and the guiding and detailing documents;

b) For bidding packages for selection of contractors, or business investment projects for which the dossiers of invitation for expression of interest, dossiers of invitation for prequalification, or bidding dossiers have been distributed, but bid closing has not occurred by the effective date of this Law, the selection of the short list, selection of contractors or investors, contract conclusion and performance management shall continue to be carried out in accordance with the Bidding Law No. 22/2023/QH15, of which a number of articles are amended and supplemented under Law No. 57/2024/QH15, and the guiding and detailing documents; or the notices of invitation for bids, notices of invitation for expression of interest, notices of invitation to prequalification shall be canceled and the modification of contractor selection plans (if necessity), bidding dossiers, dossiers of invitation for expression of interest, dossiers of invitation for prequalification, and dossiers of requirements may be carried out for the selection of contractors or investors in accordance with this Law, except as specified at Point d of this Clause;

c) For the bidding package of which the contractor selection plan has been approved, but until the effective date of this Law, the dossiers of invitation for expression of interest, dossiers of invitation for prequalification, bidding dossiers and dossiers of requirements have not yet been distributed, the project owners may modify the approved contractor selection plans for the implementation of this Law, except as prescribed at Point d of this Clause;

d) For bidding packages under investment projects of state enterprises, enterprises with 100% of charter capital owned by state enterprises, and bidding packages under projects or procurement estimates of public non-business units that ensure recurrent and capital expenditures themselves, and that do not use state budget funds, for which the dossiers of invitation for expression of interest, dossiers of invitation for prequalification, bidding dossiers and dossiers of requirements have been distributed, but bid closing has not occurred by the effective date of this Law, the project owners may choose one of the following options:

d1) If choosing to apply this Law, the provisions of Point b of this Clause shall apply;

d2) Solely decide on the procurement in accordance with Point c, Clause 2, Article 1 of this Law.

2. Transitional provisions of those amending and supplementing the Law on Investment in the Form of Public-Private Partnership as follows:

a) For a PPP project of which the prefeasibility study report or modified prefeasibility study report has been prepared but until the effective date of this Law, it has not yet been submitted for appraisal or the appraisal council has not yet been established, or the appraisal council has been established but appraisal task has not yet been carried out, the competence, order and procedures for preparing the prefeasibility study report or modified prefeasibility study report shall comply with this Law. In case where the appraisal council has been established, and is performing the tasks of appraising the investment policy, the order and procedures, competence to appraise, decide on the investment policy, or adjust the investment policy shall continue to comply with the law on investment the form of public-private partnership, which takes effect before the effective date of this Law;

b) For PPP projects that have not yet been submitted for approval or adjustment by the effective date of this Law, the competent authority shall approve or adjust such PPP projects in accordance with this Law;

c) For an approved PPP project having the investment policy decided by the competent authority, but until the effective date of this Law, the investor selection has not yet been organized, the competent agency shall continue to follow the investment policy, decide on approving, reviewing or adjusting the investment policy, or adjusting the feasibility study report for application of this Law's provisions. In case of adjustment, the authority competent to decide, approve the adjustment shall be the one competent to decide on investment policy and approval of the projects specified in this Law;

d) For PPP project contracts signed before the effective date of this Law may continue to be implemented under the project contracts; in case of modifying any contents of the project contracts that are not regulated by the law in force at the time of signing the contracts, or it is necessary to amend or supplement the project contracts to ensure project efficiency, the parties may agree to make modifications in accordance with this Law and relevant laws in force at the time of contract modification.

3. Transitional provisions of those amending and supplementing the Customs Law as follows:

For goods imported or exported on the spot of the registered customs declarations of which the customs procedures have not yet been completed before the effective date of this Law, the provisions of Clause 3, Article 3 of this Law may be applied.

4. Transitional provisions of those amending and supplementing the Law on Investment as follows:

a) From the effective date of this Law, valid dossiers requesting approval or adjustment of the investment policy for investment projects requiring resettlement of 10,000 or more people in mountainous areas, or 20,000 or more people in other areas; investment projects for new construction of 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 more; new investment projects for air passenger transport business; investment projects for new construction of wharves or port areas with an investment capital of VND 2,300 billion or more under special seaports or class-I seaports; investment projects in oil and gas processing; investment projects for the construction of houses (for sale, lease, or lease-purchase), urban areas with a land use scale of 300 hectares or more or a population scale of 50,000 people or more; investment projects concurrently falling under the competence to approve investment policies of two or more provincial-level People’s Committees, which have been received before the effective date of this Law but have not yet received results, shall be resolved as follows:

a.1) The projects have been submitted to the Prime Minister for consideration and approval, adjustment of the investment policy before the effective date of this Law, shall continue to be implemented in accordance with the Law on Investment No. 61/2020/QH14, which had 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 (hereinafter referred to as the Law on Investment No. 61/2020/QH14).

For a project not satisfying the requirements or conditions for approval and adjustment of the investment policy under Law No. 61/2020/QH14, the Minister of Finance shall transfer the project dossier, appraisal opinions and appraisal report to the provincial-level People’s Committee for handling according to the competence specified in this Law;

a.2) In case where the project has not yet been submitted to the Prime Minister for consideration and approval, or adjustment of the investment policy before the effective date of this Law, the Minister of Finance shall transfer the project dossier and appraisal opinions (if any) to the provincial-level People’s Committee for handling according to the competence specified in this Law;

a.3) The provincial-level People’s Committee may continue to use the project dossier, appraisal opinions and appraisal report to consider approving or adjusting the investment policy in the cases specified at Items a.1 and a.2, Point a of this Clause;

b) For investment projects specified at Point a of this Clause, of which the investment policy has been approved by the Prime Minister before the effective date of this Law, but now are subject to the provincial-level People’s Committees’ investment policy approval as prescribed in Clause 8, Article 6 of this Law, the adjustment of investment policy of such projects shall be approved by the provincial-level People’s Committees.

5. Transitional provisions of those amending and supplementing the Law on Public Investment as follows:

a) Programs and projects that have completed the procedures for formulation and appraisal and have been submitted to competent authorities for decision on investment policy or investment decision before the effective date of this Law shall be considered and decided by the competent authorities in accordance with the Law on Public Investment No. 58/2024/QH15;

b) In cases of adjustment, suspension of investment policy, adjustment of investment decision, or extension of capital allocation period for projects of which the investment policy has been approved or investment decision has been made before the effective date of this Law, the competent authority for investment policy decision, investment decision, and extension of capital allocation period shall, according to the delegation of authority under this Law, decide on the adjustment or suspension of investment policy, adjustment of investment decision, and extension of the capital allocation period for project implementation, and shall take responsibility for its decision.

In cases where a resolution of the National Assembly provides for the competence to adjust or suspend investment policy for national important projects, such resolution shall prevail;

c) For cases of adjustment of investment policy of projects using ODA loans and foreign concessional loans that had their project proposals approved by competent authorities before the effective date of this Law, the managing agency shall carry out the order and procedures for adjusting the investment policy in accordance with this Law and shall not be required to carry out the order and procedures for adjusting the project proposals.

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This Law was passed on June 25, 2025, by the XV^th National Assembly of the Socialist Republic of Vietnam at its 9^th session.