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

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ATTRIBUTE

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
Issuing body: GovernmentEffective date:
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Official number:160/NQ-CPSigner:Nguyen Xuan Phuc
Type:ResolutionExpiry date:Updating
Issuing date:28/12/2018Effect status:
Known

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Fields:Finance - Banking , Investment

SUMMARY

Instruction for payments under build-transfer contracts

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

Accordingly, the using of public assets as payments for investors that implement construction investment projects under build-transfer contracts (below referred to as BT contracts) is conducted as follow:

- If the 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.

- 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. 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 laws regulations…

This Resolution takes effect on the date of its signing.

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Effect status: Known

THE GOVERNMENT

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

No. 160/NQ-CP

Hanoi, December 28, 2018

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.


[1] Công Báo Nos 29-30 (08/01/2019)

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