Resolution No. 160/NQ-CP dated December 28, 2018 of the Government on the use of public assets as payments for investors that implement construction investment projects under build-transfer contracts

RESOLUTION

On the use of public assets as payments for investors that implement construction investment projects under build-transfer contracts^[1]

THE GOVERNMENT

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

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

Pursuant to the Government’s Resolution No. 119/NQ-CP of September 9, 2018, on the Government’s August 2018 regular meeting;

Considering the Ministry of Finance’s Proposition No. 173/TTr-BTC of December 14, 2018, and the Ministry of Justice’s opinions in Document No. 4985/BTP-PLDSKT of December 26, 2018, on the promulgation of the Resolution on the use of public assets as payments for investors that implement construction investment projects under build-transfer contracts,

RESOLVES:

Article 1.Regarding the use of public assets as payments for investors that implement construction investment projects under build-transfer contracts (below referred to as BT contracts) lawfully signed before January 1, 2018, for which payments have not yet been completely made, payments shall continue to be made in accordance with the signed BT contract and the law on management and use of public assets, land law, law on the state budget and relevant laws that remain effective at the time such BT contracts are signed.

Article 2.For BT contracts signed on or after January 1, 2018, and containing provisions on use of public assets for payment, ministries, sectors and localities are requested to review contents of such contracts, ensuring their compliance with the 2017 Law on Management and Use of Public Assets, land law, law on the state budget and relevant laws. In case contents of a BT contract are compliant with law, payments shall continue to be made in accordance with such contract. In case any content of such contract is incompliant with law, a negotiation shall be carried out to modify such content in compliance with the above regulations.

Article 3.For BT projects under which the selection of investors has been completed in accordance with law prior to the effective date of this Resolution but BT contracts have not yet been signed, competent state agencies shall carry out the negotiation and signing of such BT contracts, ensuring compliance with the 2017 Law on Management and Use of Public Assets, land law, law on the state budget and relevant laws.

Article 4.Ministries, sectors, local People’s Committees (competent state agencies in charge of BT projects) and investors in BT projects shall review signed BT contracts and those being performed, and take responsibility before law for their violations (if any); ensure publicity, transparency and compliance with law; and refrain from causing loss of public assets and letting corruption and illegal group interests occur. In case a violation is detected but has not yet caused the loss of public assets, these BT contracts shall be modified. In case a violation is detected (violation of the state budget, construction, land management, bidding, public investment and public asset management law or relevant laws) such BT contracts shall be modified or terminated, lost state assets recovered and  violating collectives and individuals strictly handled in accordance with law.

The Ministry of Finance shall finalize the draft decree on the use of public assets as payments for investors that implement BT projects in accordance with the Government’s Resolution No. 119/NQ-CP of September 9, 2018.

Article 5.This Resolution takes effect on the date of its signing.

Chairpersons of provincial-level People’s Committees, ministers and heads of related agencies shall implement this Resolution.-

On behalf of the Government
Prime Minister
NGUYEN XUAN PHUC