VIETNAM - BIOMASS POWER PROJECTS - NEW LAWS AND HOW TO GET HIGHEST LEVELS OF ...Dr. Oliver Massmann
VIETNAM - BIOMASS POWER PROJECTS - NEW LAWS AND HOW TO GET HIGHEST LEVELS OF LEGAL CERTAINTY AND BANKABILITY UNDER EU-VN INVESTMENT PROTECTION AGREEMENT (“EVIPA”) AND COMPREHENSIVE AND PROGRESSIVE TRANS-PACIFIC PARTNERSHIP (“CPTPP”)
VIETNAM WILL MOVE ON - Dr. Oliver Massmann in interview with Vietnam Economic...Dr. Oliver Massmann
Foreign direct investment into Vietnam increased in 2021 despite the pandemic, with $23.74 billion in newly registered and additional capital. This was driven by several large projects in energy and manufacturing. The EU remained a major investor in Vietnam as well. The Vietnamese government has introduced policies to support economic recovery and reopened the country, implementing safety measures to allow a new normal. Vietnam aims to be more selective in approving investment projects to increase quality. With vaccine rollout and economic reopening, foreign direct investment is expected to increase in 2022 as Vietnam continues reforms to improve its business environment.
VIETNAM – THE WORLD BANK GROUP IS ASKING DUANE MORRIS ABOUT PUBLIC PROCUREMENTDr. Oliver Massmann
The document provides information about a case study involving a public road resurfacing project in Vietnam. It describes the project, assumptions about the bidding company BidCo, and phases of the procurement process. The World Bank Group is asking Duane Morris for information about Vietnam's public procurement laws and practices as they relate to this case study.
VIETNAM – WATER PROJECTS – LAWS ON PUBLIC PRIVATE PARTNERSHIPS – GLOBAL WATER...Dr. Oliver Massmann
The new PPP law in Vietnam encourages foreign investment in water projects like wastewater treatment in several ways: it protects lenders' rights, provides clear investment incentives like land access, and establishes mechanisms for managing revenue risks and foreign currency. These wastewater treatment projects have been driven by environmental law changes and public needs, as Vietnam's population growth exceeds treatment capacity. Past projects primarily used a build-transfer or build-operate-transfer structure, and future projects are likely to be publicly procured by provincial authorities on that same model according to the expert interviewed.
VIETNAM - BIOMASS POWER PROJECTS - NEW LAWS AND HOW TO GET HIGHEST LEVELS OF ...Dr. Oliver Massmann
VIETNAM - BIOMASS POWER PROJECTS - NEW LAWS AND HOW TO GET HIGHEST LEVELS OF LEGAL CERTAINTY AND BANKABILITY UNDER EU-VN INVESTMENT PROTECTION AGREEMENT (“EVIPA”) AND COMPREHENSIVE AND PROGRESSIVE TRANS-PACIFIC PARTNERSHIP (“CPTPP”)
VIETNAM WILL MOVE ON - Dr. Oliver Massmann in interview with Vietnam Economic...Dr. Oliver Massmann
Foreign direct investment into Vietnam increased in 2021 despite the pandemic, with $23.74 billion in newly registered and additional capital. This was driven by several large projects in energy and manufacturing. The EU remained a major investor in Vietnam as well. The Vietnamese government has introduced policies to support economic recovery and reopened the country, implementing safety measures to allow a new normal. Vietnam aims to be more selective in approving investment projects to increase quality. With vaccine rollout and economic reopening, foreign direct investment is expected to increase in 2022 as Vietnam continues reforms to improve its business environment.
VIETNAM – THE WORLD BANK GROUP IS ASKING DUANE MORRIS ABOUT PUBLIC PROCUREMENTDr. Oliver Massmann
The document provides information about a case study involving a public road resurfacing project in Vietnam. It describes the project, assumptions about the bidding company BidCo, and phases of the procurement process. The World Bank Group is asking Duane Morris for information about Vietnam's public procurement laws and practices as they relate to this case study.
VIETNAM – WATER PROJECTS – LAWS ON PUBLIC PRIVATE PARTNERSHIPS – GLOBAL WATER...Dr. Oliver Massmann
The new PPP law in Vietnam encourages foreign investment in water projects like wastewater treatment in several ways: it protects lenders' rights, provides clear investment incentives like land access, and establishes mechanisms for managing revenue risks and foreign currency. These wastewater treatment projects have been driven by environmental law changes and public needs, as Vietnam's population growth exceeds treatment capacity. Past projects primarily used a build-transfer or build-operate-transfer structure, and future projects are likely to be publicly procured by provincial authorities on that same model according to the expert interviewed.
VIETNAM - ENERGY SECTOR - DIRECT AWARDS OF PUBLIC PROCUREMENT PROJECTS AND TH...Dr. Oliver Massmann
Vietnam's energy sector is growing significantly to meet rising demand. Power projects can be directly awarded without a government tender under certain conditions, such as when there is only one registered investor or the investor proposes the highest feasibility. Direct appointment of a contractor also applies in specific cases like force majeure events or when confidentiality is required. The Trans-Pacific Partnership Agreement aims to increase transparency in government procurement by requiring timely publication of tender information and objective evaluation criteria. It also establishes procedures for investors to settle disputes with host states through arbitration.
LAWYER IN VIETNAM DR. OLIVER MASSMANN - VIETNAM – WHY YOU SHOULD INVEST IN RE...Dr. Oliver Massmann
Vietnam has great potential for renewable energy investment due to its natural resources like abundant sunlight and long coastline. The government is encouraging renewable energy development by establishing favorable policies like feed-in tariffs and power purchase agreements. Major trade agreements provide protections for foreign investors in Vietnam's energy sector through commitments on government procurement and investor-state dispute settlement mechanisms. Renewable energy such as solar, wind, waste-to-energy and hydrogen present opportunities to meet Vietnam's growing energy needs while reducing environmental impacts.
Vietnam – Infrastructure and Waste Treatment Sector – Current Issues and Solu...Dr. Oliver Massmann
Vietnam – Infrastructure and Waste Treatment Sector – Current Issues and Solutions for Investment and Outlook on the Major Trade Deals CPTPP, EUVNFTA and the EU Vietnam Investment Protection Agreement (IPA)
VIETNAM - ONSHORE AND OFFSHORE WIND ENERGY PROJECTS -GETTING DEALS DONE!Dr. Oliver Massmann
This document discusses Vietnam's renewable energy sector and policies supporting wind energy development. It provides an overview of Vietnam's economy, energy sector, and potential for renewable energy. Key points include Vietnam's strong economic growth and increasing foreign investment. The government supports expanding renewable energy, including a target of 6,000MW of installed wind power capacity. The document reviews policies like feed-in tariffs and power purchase agreements to promote wind projects. However, challenges remain around ensuring stable power prices and offtake from the grid. International trade agreements are hoped to provide further legal protections for renewable investors.
The Vietnamese government has encouraged wind power development in recent years. However, the Ministry of Industry and Trade has now suspended appraisal of new wind power projects due to constraints on the national power grid. Over 6,000 MW of proposed new wind projects were pending appraisal. The suspension will allow Vietnam to complete its 2021-2030 national electricity plan without overloading the grid. Local governments must now review site planning for approved wind farms, without submitting new projects for consideration until further notice.
VIETNAM – GOVERNMENT CARRIES OUT COMPREHENSIVE INSPECTION OF ALL ENERGY PROJE...Dr. Oliver Massmann
The Vietnamese government will conduct a comprehensive inspection of all energy projects developed between 2011 and 2021. This includes projects outlined in the national electricity development plans for those time periods. The inspection will focus on compliance with policies and laws in managing and constructing the projects. It will occur over 85 working days and involve provincial governments and energy agencies. The results will inform the finalization of the national power development plan for 2022-2030, which is still being reviewed and amended despite several government meetings in 2021. Projects deemed noncompliant may face penalties, including removal from planning.
Vietnam has significant natural gas reserves and is seeking to increase investment in liquefied natural gas (LNG) infrastructure to meet its growing energy needs and transition to cleaner sources of energy. The government has set targets to increase gas and oil in the energy mix and import between 1 to 10 billion cubic meters of LNG annually by 2035 through new LNG terminals, pipelines, and gas-fired power plants. Foreign investors can own up to 100% of LNG projects in Vietnam and benefit from various tax incentives. However, the legal and regulatory framework is still developing, and projects require navigating several approval processes across development, construction, and operation.
LAWYER IN VIETNAM - VIETNAM - Mergers & Acquisitions Country Comparative GuideDr. Oliver Massmann
There are three key points in the document:
1. There is no single law regulating M&A in Vietnam. Relevant rules are contained in several laws governing corporate, investment, and securities issues enforced by various regulatory authorities.
2. Vietnam remains an attractive market for foreign investment. Major sectors of M&A activity recently include manufacturing, energy, and consumer retail. Privatization of state-owned enterprises and trade liberalization are driving factors.
3. Acquiring a publicly traded company in Vietnam typically involves purchasing shares, a merger, or asset acquisition. There are disclosure and approval requirements, including reviews by regulatory authorities.
Duane Morris is an international law firm with offices around the world including Vietnam. The presentation discusses Vietnam's energy sector and policies around solar power. Vietnam aims to increase renewable energy to 29% of total capacity by 2030. The government's current policies include ending feed-in tariffs for new solar projects and implementing a competitive bidding process instead. Direct power purchase agreements between generators and customers are also being piloted. The presentation provides recommendations for foreign investors looking to develop solar power projects in Vietnam.
VIETNAM – WIND POWER BREAKING NEWS – NEW MODEL POWER PURCHASE AGREEMENT OUT –...Dr. Oliver Massmann
- Vietnam's Ministry of Industry and Trade recently released a new circular and power purchase agreement (PPA) templates for wind energy projects.
- However, the new PPA templates provide little improvement over previous versions and still leave investors facing serious risks around lack of compensation for interruptions, force majeure conditions, and dispute resolution options.
- While the new PPA confirms feed-in tariffs for wind projects until 2021 and addresses exchange rate fluctuations, major concerns remain around risks being transferred to producers for issues outside their control like transmission breakdowns.
The Vietnamese government is developing a new auction system to select solar power project investors and set electricity prices after 2021. A draft decision outlines plans to organize bidding processes every two years based on renewable energy development plans. Notable points include investor eligibility requirements, power purchase agreements lasting 20 years, project delay penalties, and bid security equal to 0.5% of total investment. The auction system aims to quickly develop renewable energy like solar to address power shortages, with a target of 40GW of solar capacity by 2045.
Lawyer in Vietnam Oliver Massmann - Investing in Renewable Energy - getting D...Dr. Oliver Massmann
The document discusses the potential and legal framework of renewable energy in Vietnam. It outlines that Vietnam has significant potential for renewable energy sources like hydro, biomass, wind, and solar power. However, renewable energy currently accounts for a small portion of Vietnam's energy mix. The document also summarizes Vietnam's policies supporting renewable energy development, including feed-in tariffs for wind, biomass, and solar power. It notes issues with the current solar power power purchase agreement template not being bankable. The presentation provides recommendations for foreign investors, including using public-private partnerships and focusing on off-grid areas.
Lawyer in Vietnam Dr. Oliver Massmann Public-Private Partnerships in Infrastr...Dr. Oliver Massmann
The document discusses Vietnam's regulatory framework for public-private partnerships (PPPs) in infrastructure projects. It provides answers to questions about various aspects of PPP regulations in Vietnam, including:
- The basic PPP regulations and applicable sectors;
- The roles of the Ministry of Finance and other authorities in approving PPP projects;
- Requirements for assessments conducted during PPP identification and preparation;
- Regulations around the procurement and tendering process for PPPs.
Decoding Changes in the PPP Regulatory Regime.pdfAHRP Law Firm
Recently, the Minister of National Development Planning revoked the longstanding Minister of National Development Planning Regulation Number 4 of 2015 on the Mechanism for the Implementation of PPP Scheme for Infrastructure Procurement, as amended by Minister of National Development Planning Regulation Number 2 of 2020. This change stems from the issuance of Minister of National Development Planning Regulation Number 7 of 2023 on the Mechanism for the Implementation of PPP Scheme.
Notable changes include: (i) an amendment to the scope of infrastructure that could be procured through PPP; (ii) simplification of PPP stages; (iii) introduction of requirements for the conversion of PPP initiatives; (iv) simplification of the institutional aspect of PPP; and (v) the introduction of a small-scale PPP scheme
VIETNAM - ENERGY SECTOR - DIRECT AWARDS OF PUBLIC PROCUREMENT PROJECTS AND TH...Dr. Oliver Massmann
Vietnam's energy sector is growing significantly to meet rising demand. Power projects can be directly awarded without a government tender under certain conditions, such as when there is only one registered investor or the investor proposes the highest feasibility. Direct appointment of a contractor also applies in specific cases like force majeure events or when confidentiality is required. The Trans-Pacific Partnership Agreement aims to increase transparency in government procurement by requiring timely publication of tender information and objective evaluation criteria. It also establishes procedures for investors to settle disputes with host states through arbitration.
LAWYER IN VIETNAM DR. OLIVER MASSMANN - VIETNAM – WHY YOU SHOULD INVEST IN RE...Dr. Oliver Massmann
Vietnam has great potential for renewable energy investment due to its natural resources like abundant sunlight and long coastline. The government is encouraging renewable energy development by establishing favorable policies like feed-in tariffs and power purchase agreements. Major trade agreements provide protections for foreign investors in Vietnam's energy sector through commitments on government procurement and investor-state dispute settlement mechanisms. Renewable energy such as solar, wind, waste-to-energy and hydrogen present opportunities to meet Vietnam's growing energy needs while reducing environmental impacts.
Vietnam – Infrastructure and Waste Treatment Sector – Current Issues and Solu...Dr. Oliver Massmann
Vietnam – Infrastructure and Waste Treatment Sector – Current Issues and Solutions for Investment and Outlook on the Major Trade Deals CPTPP, EUVNFTA and the EU Vietnam Investment Protection Agreement (IPA)
VIETNAM - ONSHORE AND OFFSHORE WIND ENERGY PROJECTS -GETTING DEALS DONE!Dr. Oliver Massmann
This document discusses Vietnam's renewable energy sector and policies supporting wind energy development. It provides an overview of Vietnam's economy, energy sector, and potential for renewable energy. Key points include Vietnam's strong economic growth and increasing foreign investment. The government supports expanding renewable energy, including a target of 6,000MW of installed wind power capacity. The document reviews policies like feed-in tariffs and power purchase agreements to promote wind projects. However, challenges remain around ensuring stable power prices and offtake from the grid. International trade agreements are hoped to provide further legal protections for renewable investors.
The Vietnamese government has encouraged wind power development in recent years. However, the Ministry of Industry and Trade has now suspended appraisal of new wind power projects due to constraints on the national power grid. Over 6,000 MW of proposed new wind projects were pending appraisal. The suspension will allow Vietnam to complete its 2021-2030 national electricity plan without overloading the grid. Local governments must now review site planning for approved wind farms, without submitting new projects for consideration until further notice.
VIETNAM – GOVERNMENT CARRIES OUT COMPREHENSIVE INSPECTION OF ALL ENERGY PROJE...Dr. Oliver Massmann
The Vietnamese government will conduct a comprehensive inspection of all energy projects developed between 2011 and 2021. This includes projects outlined in the national electricity development plans for those time periods. The inspection will focus on compliance with policies and laws in managing and constructing the projects. It will occur over 85 working days and involve provincial governments and energy agencies. The results will inform the finalization of the national power development plan for 2022-2030, which is still being reviewed and amended despite several government meetings in 2021. Projects deemed noncompliant may face penalties, including removal from planning.
Vietnam has significant natural gas reserves and is seeking to increase investment in liquefied natural gas (LNG) infrastructure to meet its growing energy needs and transition to cleaner sources of energy. The government has set targets to increase gas and oil in the energy mix and import between 1 to 10 billion cubic meters of LNG annually by 2035 through new LNG terminals, pipelines, and gas-fired power plants. Foreign investors can own up to 100% of LNG projects in Vietnam and benefit from various tax incentives. However, the legal and regulatory framework is still developing, and projects require navigating several approval processes across development, construction, and operation.
LAWYER IN VIETNAM - VIETNAM - Mergers & Acquisitions Country Comparative GuideDr. Oliver Massmann
There are three key points in the document:
1. There is no single law regulating M&A in Vietnam. Relevant rules are contained in several laws governing corporate, investment, and securities issues enforced by various regulatory authorities.
2. Vietnam remains an attractive market for foreign investment. Major sectors of M&A activity recently include manufacturing, energy, and consumer retail. Privatization of state-owned enterprises and trade liberalization are driving factors.
3. Acquiring a publicly traded company in Vietnam typically involves purchasing shares, a merger, or asset acquisition. There are disclosure and approval requirements, including reviews by regulatory authorities.
Duane Morris is an international law firm with offices around the world including Vietnam. The presentation discusses Vietnam's energy sector and policies around solar power. Vietnam aims to increase renewable energy to 29% of total capacity by 2030. The government's current policies include ending feed-in tariffs for new solar projects and implementing a competitive bidding process instead. Direct power purchase agreements between generators and customers are also being piloted. The presentation provides recommendations for foreign investors looking to develop solar power projects in Vietnam.
VIETNAM – WIND POWER BREAKING NEWS – NEW MODEL POWER PURCHASE AGREEMENT OUT –...Dr. Oliver Massmann
- Vietnam's Ministry of Industry and Trade recently released a new circular and power purchase agreement (PPA) templates for wind energy projects.
- However, the new PPA templates provide little improvement over previous versions and still leave investors facing serious risks around lack of compensation for interruptions, force majeure conditions, and dispute resolution options.
- While the new PPA confirms feed-in tariffs for wind projects until 2021 and addresses exchange rate fluctuations, major concerns remain around risks being transferred to producers for issues outside their control like transmission breakdowns.
The Vietnamese government is developing a new auction system to select solar power project investors and set electricity prices after 2021. A draft decision outlines plans to organize bidding processes every two years based on renewable energy development plans. Notable points include investor eligibility requirements, power purchase agreements lasting 20 years, project delay penalties, and bid security equal to 0.5% of total investment. The auction system aims to quickly develop renewable energy like solar to address power shortages, with a target of 40GW of solar capacity by 2045.
Lawyer in Vietnam Oliver Massmann - Investing in Renewable Energy - getting D...Dr. Oliver Massmann
The document discusses the potential and legal framework of renewable energy in Vietnam. It outlines that Vietnam has significant potential for renewable energy sources like hydro, biomass, wind, and solar power. However, renewable energy currently accounts for a small portion of Vietnam's energy mix. The document also summarizes Vietnam's policies supporting renewable energy development, including feed-in tariffs for wind, biomass, and solar power. It notes issues with the current solar power power purchase agreement template not being bankable. The presentation provides recommendations for foreign investors, including using public-private partnerships and focusing on off-grid areas.
Lawyer in Vietnam Dr. Oliver Massmann Public-Private Partnerships in Infrastr...Dr. Oliver Massmann
The document discusses Vietnam's regulatory framework for public-private partnerships (PPPs) in infrastructure projects. It provides answers to questions about various aspects of PPP regulations in Vietnam, including:
- The basic PPP regulations and applicable sectors;
- The roles of the Ministry of Finance and other authorities in approving PPP projects;
- Requirements for assessments conducted during PPP identification and preparation;
- Regulations around the procurement and tendering process for PPPs.
Decoding Changes in the PPP Regulatory Regime.pdfAHRP Law Firm
Recently, the Minister of National Development Planning revoked the longstanding Minister of National Development Planning Regulation Number 4 of 2015 on the Mechanism for the Implementation of PPP Scheme for Infrastructure Procurement, as amended by Minister of National Development Planning Regulation Number 2 of 2020. This change stems from the issuance of Minister of National Development Planning Regulation Number 7 of 2023 on the Mechanism for the Implementation of PPP Scheme.
Notable changes include: (i) an amendment to the scope of infrastructure that could be procured through PPP; (ii) simplification of PPP stages; (iii) introduction of requirements for the conversion of PPP initiatives; (iv) simplification of the institutional aspect of PPP; and (v) the introduction of a small-scale PPP scheme
VIETNAM - PUBLIC-PRIVATE PARTNERSHIPS – What you must know:Dr. Oliver Massmann
The document provides an overview of public-private partnerships (PPPs) in Vietnam and makes recommendations to promote the country's PPP program. It summarizes that Vietnam passed new PPP decrees in 2015 but faces challenges developing projects, including a lack of capacity and coordination among government agencies. It recommends developing a visible pipeline of priority projects, improving government capacity through training, and streamlining regulations to address inconsistencies and gaps regarding key issues like viability gap funding, land rights, and dispute resolution.
Vietnam is seeking to develop public-private partnerships (PPPs) to help meet its large infrastructure needs, as the state budget can only fund about 50% of required investment. However, to date no major PPP projects have been successfully implemented due to issues with Vietnam's legal framework for PPPs, lack of viable projects in the pipeline, and lengthy negotiation times for projects. The government is working to address these challenges through a new PPP decree, a list of priority projects, and project preparation support facilities. But continued effort is needed to develop clear and stable regulations, conduct rigorous project assessments, and streamline approval processes to attract more private investment through PPPs.
This document provides an overview and framework for Australia's National Public Private Partnership Policy. It discusses the objectives to encourage private investment in public infrastructure where value for money can be demonstrated. It outlines the scope of PPP projects and services, and the process for assessing potential projects, including conducting a procurement options analysis. Key principles for PPPs are that they must provide value for money, be in the public interest, involve optimal risk allocation, have output-oriented specifications, and be transparent and accountable.
This document provides an overview and update on public-private partnerships (PPP) in the Philippines. It notes that while the PPP program has made some progress launching projects over three years, the country still lags in infrastructure performance compared to Asian peers. The government has adopted a "slowly but surely" approach to reform policies and establish an enabling environment for PPPs. Key reforms include strengthening the PPP Center, amending PPP laws and guidelines, and establishing funds to support PPP project development. Going forward, private partners should familiarize themselves with the new PPP regulatory framework and changes to laws governing different PPP modalities.
This document is Republic Act 9184, also known as the Government Procurement Reform Act, which aims to standardize and regulate procurement activities of the Philippine government. Some key points:
- It establishes principles of transparency, competitiveness, accountability, and public monitoring for all government procurement.
- It covers procurement of infrastructure projects, goods, and consulting services by all branches of government.
- It creates a Government Procurement Policy Board and requires the use of competitive bidding for most procurement, with exceptions provided in Article XVI.
- It establishes Bids and Awards Committees for each procuring entity to oversee the procurement process and make recommendations.
- It provides guidelines for procurement planning, use of
Lawyer in Vietnam Dr. Oliver Massmann THE WORLD BANK IS ASKING DUANE MORRIS O...Dr. Oliver Massmann
The document provides information about public procurement laws and processes in Vietnam. It answers questions from The World Bank about applicable laws and regulations, procurement methods, electronic procurement portals, the procurement process phases from budgeting to contract signing, and other details. Key points include:
- The Ministry of Transport conducts procurement for most roads in Vietnam.
- Applicable laws include the Bidding Law, Construction Law, and decrees regulating bidding and construction contracts.
- Open tendering is commonly used but not always required; exceptions allow other methods.
- A national e-procurement portal allows access to notices, documents, clarifications, and more.
- The process includes budget estimation, public advertisement, bid evaluation and award
National Treasury, PPP Unit. PPPs in Kenya. Context, Legal and Institutional ...Emmanuel Mosoti Machani
The National Treasury's PPP Unit's second presentation at the 2nd Health Sector Development Partner Forum provided the context, rationale and principles of PPPs as well as the institutional framework.
Defining the role of County (CA) PPP Nodes, the involvement of Transaction Advisors and the PPP life-cycle.
This document outlines the Implementing Rules and Regulations of Republic Act No. 9184, otherwise known as the Government Procurement Reform Act. It discusses several key points:
1) It establishes rules and regulations for modernizing, standardizing, and regulating government procurement activities from planning through contract implementation and termination.
2) It declares the policy of the government to conduct competitive and transparent procurement through public bidding, with some exceptions.
3) It establishes principles like transparency, competitiveness, streamlined processes, accountability, and public monitoring to govern procurement.
4) It defines the scope, application, and terms used in the regulation, and mandates the standardization of procurement processes and forms.
This document contains the 2016 Revised Implementing Rules and Regulations of Republic Act No. 9184, otherwise known as the Government Procurement Reform Act. It lays out rules for modernizing, standardizing, and regulating government procurement in the Philippines. Some key points include: establishing a policy of transparency and competitiveness in procurement; defining the scope and application of the regulations; and defining important terms related to government procurement processes and entities.
The document discusses transferring the Built-Operate and Transfer (BOT) Center to the Public-Private Partnership (PPP) Center of the Philippines and placing it under the National Economic Development Authority to more efficiently implement public-private partnership programs and projects aimed at accelerating infrastructure development and sustaining economic growth. The PPP Center will coordinate and monitor all PPP projects and provide support to implementing agencies. A budget of 300 million pesos is allocated for the operations of the new PPP Center.
New developments in the infrastructure space in OECD countries - Gabriele Pas...OECD Governance
This presentation was made by Gabriele Pasquini and Marco Tranquilli, Italy, at the 10th annual meeting of the OECD Network of Senior PPP and Infrastructure Officials held at the OECD Headquarters, Paris, on 21 March 2017
New developments in the infrastructure space in OECD countries - Gabriele Pas...OECD Governance
This presentation was made by Gabriele Pasquini & Marco Tranquilli, Italy, at the at the 10th Annual Meeting of the OECD Network of Senior PPP & Infrastructure Officials held in Paris on 21 March 2017.
A focus on PPPs in Italy - Gabriele Pasquini & Marco Tranquilli, ItalyOECD Governance
The document summarizes Italy's legislative and institutional framework for public-private partnerships (PPPs). It discusses key PPP laws and reforms since 1998 that established frameworks for PPP procurement. It also describes the roles of relevant ministries and government bodies in assessing, approving, and overseeing strategic infrastructure projects and PPP contracts in Italy.
Vietnam is finalizing an improved legal framework for public-private partnerships (PPP) projects with the goal of revitalizing infrastructure investment. The new PPP Decree and Investor Selection Decree provide more clarity and incentives than previous regulations, including allowing the choice of foreign law and arbitration for disputes. They also establish procedures for investor-proposed projects and require public updates on project status. Proper implementation will be important for the new regulations to attract more private funding for Vietnam's pressing infrastructure needs.
The document introduces Orissa's Public Private Partnership policy. It aims to leverage private investment to improve infrastructure and service delivery through public-private partnerships. Key objectives include setting up transparent mechanisms, identifying projects for PPPs, providing necessary funding and risk frameworks, and establishing institutions like the Empowered Committee on Infrastructure and PPP Cell to facilitate PPP projects. The policy covers various infrastructure sectors and provides state support through legislative, administrative and financial means, including establishing an Infrastructure Development Fund. It also outlines protections for stakeholders' rights in PPP projects.
This document discusses infrastructure policy and development in Nepal. It begins by defining infrastructure and its importance for economic development. It then discusses Nepal's ranking in quality infrastructure development. The document outlines several key aspects of infrastructure policy, including market structure options, price regulation, financing, and ensuring access. It provides details on Nepal's policies and strategies for various infrastructure sectors like energy, transport, water and sanitation. It also discusses issues with implementing infrastructure policies in Nepal, such as inconsistent laws and lack of a clear and predictable legal framework. Overall, the document provides a comprehensive overview of infrastructure policy and development challenges in Nepal.
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VIETNAM - THE NEW LAW ON CREDIT INSTITUTIONS - WHAT YOU MUST KNOW:Dr. Oliver Massmann
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VIETNAM – THE WORLD BANK IS ASKING DUANE MORRIS ABOUT BENCHMARKING INFRASTRUCTURE PUBLIC-PRIVATE PARTNERSHIPS – WHAT YOU MUST KNOW:
1. VIETNAM – THE WORLD BANK IS ASKING DUANE MORRIS ABOUT BENCHMARKING
INFRASTRUCTURE PUBLIC-PRIVATE PARTNERSHIPS – WHAT YOU MUST KNOW:
CASE STUDY ASSUMPTIONS
· The Private Partner (the Project Company) is a Special Purpose Vehicle (SPV) established by a
consortium of privately owned firms, which operate in Vietnam.
· The procuring authority is a national/federal authority in Vietnam that is planning to procure the design,
build, finance (full or partial), operation and maintenance of a national/federal infrastructure project in the
transportation sector (i.e. national highway) with an estimated investment value of USD 150 million (or the
equivalent in your local currency) funded with availability payments and/or user fees.
· To this end, the procuring authority initiates a public call for tenders/ invitation for bids/ request for
proposal/ request for qualification, following a competitive PPP procurement procedure.
DEFINITIONS
· "Public-Private Partnership (PPP)" refers to any contractual arrangement between a public entity or
authority and a private entity, for providing a public asset or service, in which the private party bears
significant risk and management responsibility. For the purpose of this survey, this definition applies
irrespective of the terminology used in the particular country or jurisdiction and applies both to government-
pays or user-pays PPP.
· The "regulatory framework" encompasses all laws, regulations, policies, binding guidelines or
instructions, standard PPP contracts, other legal texts of general application, judicial decisions and
administrative rulings governing or setting precedent in connection with PPPs. In this context, the term
"policies" refers to other government-issued documents that are binding to all stakeholders, enforced in
similar ways to laws and regulations, and provide detailed instructions for the implementation of PPPs. It
should not be confused with Policy in the sense of a government's statement of intent to use PPPs as a course
of action to deliver public services. The "regulatory framework" includes but is not limited to those laws,
regulations, policies, etc. dealing with PPPs (i.e. procurement of PPPs may be governed by the general
procurement framework; planning and budgeting issues may be regulated instead by broader public finance
related laws and regulations).
· The "Procuring Authority" is the Ministry, Department or Agency responsible for ensuring that the
relevant assets and/or services are provided by the private partner after successful completion of
procurement/ bidding process. It is the authority in charge of the PPP (i.e. identifying, preparing, procuring,
awarding and managing the PPP contract).
· Procurement terminology: Considering that procurement-related terminology varies across jurisdictions,
depending on the type of procurement procedure and the stage of the process, the terms used in the survey
should be interpreted by contributors to best fit the local naming conventions. In particular, the following
non-exhaustive list of terms can be broadly understood as interchangeable in the context of the survey:
o Bidding/tendering process/selection process/procurement
o Bid/tender/proposal
o Call for tenders/tender notice/invitation for bids/request for qualifications (RFQ)/request for proposals (RFP) -
in cases when there is not an RFQ.
o Tender documents/bidding documents/specifications/request for proposals (RFP)
2. A. REGULATORY AND INSTITUTIONAL FRAMEWORK FOR PPPs
Q1 : Does the regulatory framework in your country allow procuring PPPs?
A1 : Yes. The basic principles and general regulations on PPPs are set out under Decree 63/2018/ND-CP of the
Government dated May 4 2018 on investment in the PPP form (the "Decree 63").
Following the Decree 63, the Ministries formulated and issued the following guidelines:
(i) Circular No. 19/2019/TT-BGTVT dated May 23 2019 on detailed guidance on investment fields and contents
of feasibility study reports of investment projects in public-private partnership form in transport sector ("Circular 19")
(ii) Circular No. 09/2018/TT-BKHĐT dated December 28 2018 providing guidance on the implementation of a
number of articles of government’s Decree No. 63/2018/ND-CP dated May 4, 2018 on investment in a public-private
partnership form. ("Circular 09")
(iii) Circular No. 88/2018/TT-BTC dated September 28 2018 regulating financial management and expenses of
investor's selection of investment projects in PPP form ("Circular 88")
(iv) Circular No. 21/2016/TT-BTTTT dated September 30 2016 on guidelines for PPP investment model under
management of the Ministry of Information and Communications ("Circular 21")
(v) Circular No. 16/2016/TT-BKHDT dated 16 December 2016 on guidelines for pre-qualification documents,
bidding documents for selection of investors carrying out projects using land ("Circular 16")
(vi) Circular No. 15/2016/TT-BKHĐT dated September 29 2016 on guidelines for pre-qualification document,
bidding documents on selection of investors carrying PPP projects ("Circular 15")
(vii) Circular No. 19/2015/TT-BKHDT dated 27 November 2015 on detailing the establishment of evaluation report
in the bidder selection process.
Q2 : Are you aware of any reforms (in the regulatory framework – laws, regulations, policies, etc. or in generally
followed practices) related to PPPs that took place in or after June 2017 and before June 1 2019 and that are ongoing
and/or planned to be adopted after June 1 2019?
A1 : Yes. There are two reforms relating to PPPs took place between June 2017 and June 1 2019. Decree 63/2018/ND-
CP on investment in the form of public-private partnership was issued on May 4 2018, in replacement of Decree
15/2015/ND-CP dated February 14 2015. Also, the Law on PPP has been in the drafting process since December 2018.
On June 19 2018, Decree 63/2018/ND-CP came into force. The Law on PPP is now being drafted and will be adopted
in near future (possibly in 2020) to replace all current PPP-related documents.
Q3: For which of the following sectors is the above-mentioned regulatory framework applicable?
A3: The regulatory mentioned above applies to:
- Transportation (Article 4.1(a) of the Decree 63/2018/ND-CP; Article 5(1)(a) of the draft PPP Law released on
20 May 2019 ("Draft PPP Law") )
- Water Supply, Sewerage, Solid Waste Management and irrigation (Article 4.1(c) of the Decree 63/2018/ND-
CP; Article 5(1)(c) of the Draft PPP Law)
- Energy generation/transmission and distribution (Article 4.1(b) of the Decree 63/2018/ND-CP;
Article 5(1)(b) of the Draft PPP Law)
3. - ICT (Article 5(1)(g) of the Draft PPP Law)
- Social infrastructure, including hospitals, education, prisons, housing, etc. (Article 4.1(d),(d) of the Decree
63/2018/ND- CP; Article 5(1)(d),(e) of the Draft PPP Law)
- Other ( Article 4.1(g) of Decree 63/2018/ND-C; Article 5(1)(g) of the Draft PPP Law; infrastructure facilities
serving the development of science and technology; commercial infrastructure; infrastructure of economic zones and
industrial zones (Article 5.1(h)-(i) of the Draft PPP Law).
Q4: Besides national defense and other matters of national security, does the regulatory framework explicitly
prohibits or restricts PPPs in any of the following sectors?
A4: No. The regulatory framework does not explicitly prohibit or restrict PPPs in any sectors.
Q5: Please identify the PPP procuring authorities in Vietnam and provide their website(s) (if available)
A5: The procuring entities are ministries, ministry-level agencies and provincial people's committees.
List of websites of ministries: http://chinhphu.vn/portal/page/portal/chinhphu/bonganh -
List of websites of provinces: http://chinhphu.vn/portal/page/portal/chinhphu/cactinhvathanhpho
Q6: Is there a specialized government entity(ies) that facilitates the PPP program (PPP Unit)?
A6: Yes. The PPP Steering Committee is the PPP Unit. In addition, each ministry/ministry level agency/provincial
people's committee may establish a PPP coordinating unit, responsible for management.
Website: http://ppp.mpi.gov.vn/en/Pages/default.aspx
The year of establishment: 2012
The relevant legal/regulatory basis: Decision No. 2048/QD-TTg dated October 27 2016 on consolidation of PPP
steering committee ("Decision 2048"); Decision No. 369/QD-BCDPPP promulgating the regulation on activities of the
public - private partnership steering committee, which replaces Decision No. 161/QD- BCDPPP dated December 11, 2012
on promulgating the regulation of the Public - Private Partnership Steering Committee.
Its main responsibilities: (Article 2 of Decision No. 369/QD-BCDPPP dated November 23, 2016 on promulgating the
regulation of the Public – Private Partnership Steering Committee)
- PPP regulation and policy guidance.
- PPP capacity building for other public authorities.
- PPP promotion among the public and/or private sectors in national and international forums
- Identification and selection of PPP projects from the pipeline.
- Oversight of PPP implementation.
Q7: Additionally, is there a central project development fund (support mechanism) for project preparation?
A7: Yes. The Project Preparation Technical Assistance fund (PPTAF)
Website: http://pptaf.mpi.gov.vn/pptaf.aspx,
4. The year of establishment: 2010
The relevant legal/regulatory basis: Decision No. 1968/QD-BKH dated 12 November 2010 (as amended by Decision
No. 56/QD-BKHDT dated 19 January 2015).
B. PREPARATION OF PPPs
Q8: Does the Ministry of Finance or Central Budgetary Authority approve the PPP project before launching
the procurement process?
A8: No
Q9: Does the Ministry of Finance or Central Budgetary Authority approve the PPP project before signing the
PPP contract?
A9: Yes (stipulated in Article 19.5, Decree 63/2018/ND-CP)
Q10: Does the Ministry of Finance (or government more broadly) have a specific system of : Budgeting for PPP
projects, Reporting Liabilities or Accounting Liabilities?
A10: Yes. Pursuant to Article 69 (1) of Decree 63, Responsibilities of the Ministry of Finance includes:
- Budgeting for PPP projects (e.g., including the estimated total cost of the PPP project over the life of the
project in the budget cycle)
- Accounting liabilities (explicit and implicit, direct and contingent) arising from PPPs (e.g., the public sector
commitments to the PPP project are recorded in the national accounts)
Q11: Which alternative best describes the regulation is?
A11: International Public Sector Accounting Standards (IPSAS). Clause (II)(2)(a) of the Action Plan of Decision No.
3036/QD-BTC dated November 27, 2014 provides: Solutions for professional competence in statistics.... Study and deploy
method of government finance statistics, associate government finance statistics with International Public Sector
Accounting Standards (IPSAS).
Q12: Does the Ministry of Finance (or government more broadly) disclose PPP liabilities (explicit and implicit,
direct and contingent) on an online platform/database?
A12: No.
Q13: Besides the procuring authority and the Ministry of Finance or Central Budgetary Authority, do(es) any
other authority(s) approve the PPP project before launching the procurement process (e.g. Cabinet, Cabinet
Committee, Parliament, Supreme Audit Office, etc.)?
A13: Yes. They are Prime Minister, Ministries, ministry-level agencies and provincial People's Committees (Article
176 of Decree 63 on the power to approve project investment proposal; Article 24(2) of Decree 63)
Q14: Besides the procuring authority and the Ministry of Finance or Central Budgetary Authority, does any
other authority(s) approve the PPP project before signing the PPP contract?
A14: No.
5. Q15: Please select the option that best describes the way your government ensures that PPP projects are
consistent with other government public priorities (e.g., in the context of a national public investment system, multi-
year perspective plans, medium-term budgetary framework)
A15: The regulatory framework provides for the inclusion of PPPs in the national public investment system/medium-
term budgetary framework and details a specific procedure to ensure the consistency of PPPs with other public investment
priorities (Articles 4(2) and 20(1) of Decree 63; Article 3(4) of Circular no. 21/2016/TT-BTTTT; Article 8 of Circular No.
19/2019/TT-BGTVT)
Q16: Which of the following assessments are conducted when identifying and preparing a PPP in order to
inform the decision to proceed with it?
A16: The assessments conducted are:
- Socioeconomic analysis (cost-benefit analysis of the socioeconomic impact of the PPP project) is regulated
in Articles 20(1)(a), 24(2)(a) and 29(1)(dd) of Decree 63.
There is a specific methodology for it.
Article 20(1)(a) of Decree 63 provides that conditions for approving a project proposal includes: In conformity
with the planning for the development of sectors, regions; and the plan for the local socio-economic development that are
approved by competent authorities;
In article 24(2)(a), it is regulated that If at least 2 investors submit two project proposals for the same project (made
in accordance with Article 23 hereof): The ministry or provincial People’s Committee shall consider choosing a project
proposal which is the most feasible and effective proposal based on factors related to the need for investment; technical-
based and financial-based feasibility; socio-economic effectiveness; investor’s qualifications and other factors;
Similarly in article 29(1)(dd), contents of feasibility study report includes the socio-economic effect and the impacts
of the project on environment, society and national defense and security.
- Fiscal Affordability assessment (including the identification of the required long-term public commitments
(explicit and implicit, direct and contingent liabilities) (Articles 18(3)(g) and 29(1)(g) of Decree 63, Article 14(4)(g) of
Decree 19).
There is a specific methodology for it.
Pursuant to Articles 18(3)(g) and 29(1)(g) of Decree 63, the feasibility study report of the project shall include the
project financial plan (including the contents prescribed in Point g Clause 3 Article 18 of this Decree).
Article 14(4) of Decree 19 provides As for projects that need the State capital contribution to ensure their financial
feasibility, describing information concerning the State capital contribution specified in Clause 1 Section IX Appendix III
enclosed with the Circular No. 09/2018/TT-BKHDT dated December 28, 2018 based on the project’s financial model and
analytical data of the selected project contract.
- Risk identification, allocation and assessment (risk matrix) (Article 29(1)(l) of Decree 63; Article 3(8) of
Decree 21)
There is a specific methodology for it.
Pursuant to article 29(1)(l) of Decree 63, a feasibility study report of the project shall include an analysis of risk,
responsibilities of the parties for the risk management during the execution of the project;
Decree 21 in its Article 3(8) on Risk analysis and proposed incentives and guarantees regulates that According to
specific conditions in terms of technical, economic and financial aspects of the project; financial analysis results to evaluate
6. impact of risks on the project as well as costs and benefits of solutions for risk reduction shall be specified. The feasibility
study report shall specify the proposed distribution of risks and responsibility between relevant parties in risk management
during the project execution; proposed specific grants given by competent authorities, and risk-sharing mechanism between
competent authorities and investors.
- Comparative assessment to evaluate whether a PPP is the best option when compared to other procurement
alternatives (i.e., value for money analysis, public sector comparator) (Article 29(1)(a) of Decree 63; Article 3(3)(c) of
Decree 21)
There is a specific methodology for it.
Pursuant to Article 29 (1)(a) of Decree 63 the feasibility study report of the project shall include: A detailed analysis
of the need for the investment and the advantages of the project in comparison with other forms of investment; consultation
on impact of the project with one of the following: People’s Council, People’s Committee, National Assembly delegation
of province or city where the project is undertaken; professional association in conjunction with to the investment sector
According to article 3(3)(c) of Decree 21, analysis of advantages of PPP investment model must be included in the
feasibility study report.
- Financial viability or bankability assessment (Article 29(1)(g) of Decree 63)
There is a specific methodology for it.
Pursuant to Article 29(1)(g) of Decree 63,the feasibility study report of the project shall include the project financial
plan (including the contents prescribed in Point g Clause 3 Article 18 of this Decree)
- Procurement Strategy (i.e., quick assessment to plan and better strategize the tendering process in advance so
it is fit for purpose) (Article 8(3), 9(2), 19(2) of Decree 63).
There is a specific methodology for it.
Pursuant to Article 8(3) of Decree 63, the ministry shall assign an affiliate, People’s Committee of province shall
assign a specialized agency or affiliate or the People’s Committee of district level to prepare for the PPP project, including
making of pre-feasibility study report, feasibility study report, and selection of preferred bidder in accordance with this
Decree and law on bidding
However, regulation in Article 9(2) of Decree 63 further specifies that with regard to Group C projects, pre-
feasibility study report and approval for project investment proposal are not required to be made or appraised as prescribed
Point a Clause 1 hereof, but the project must be announced once the feasibility study report is approved.
In addition, Article 19(2) of Decree 63 provides that documents required to apply for approving project proposal
include the pre-feasibility study report.
- Market sounding/assessment including the potential interest from contractors and capacity in the market for
the contract (Article 29(1)(h) of Decree 63)
There is a specific methodology for it.
Pursuant to article 29(1(h) of Decree 63, A feasibility study report shall contain h) The capital mobilization for the
project; evaluation of the need and the liquidity ratio of the market; the survey on the interest of the investors and the lenders
in the project.
- Environmental impact assessment (Articles 18(3)(dd), 20(1)(e) and 29(1)(dd) of Decree 63, Section C
Appendix I of Circular 09)
7. There is a specific methodology for it.
It is regulated in Article 20(1)(e) that the availability of environmental assessment report is a requirement for the
approval of the project.
Pursuant to Article 18(3)(dd), bases for making of feasibility study report includes expected socio-economic
effectiveness of project; environmental impact assessment report in accordance with law on environmental protection.
Similarly, provided in Article 29(1)(d), the feasibility study report of the project shall include the socio-economic
effect and the impacts of the project on environment, society and national defense and security.
Pursuant to Section C Appendix I of Circular 09 on documentation included in the application package for
evaluation of PSR, it shall include Full texts of the environmental impact assessment report prepared in accordance with
law on environmental protection
- Social impact assessment (Article 29(1)(dd) of Decree 63; Section III(2) Appendix III of Circular 09)
There is a specific methodology for it.
Provided in article 29(1)(dd) of Decree 63, The feasibility study report of the project shall include (dd) the impacts
of the project on environment, society and national defense and security.
Pursuant to Section III(2) Appendix III circular 09, Technical Interpretation of a project of feasibility study report
shall include Making the interpretation of elements affecting society during the project implementation period, such as
resettlement support, gender equality, labor or job creation, etc., and measures to minimize negative impacts
Q17: Does the procuring authority include the assessments in the request for proposals and/or tender
documents?
A17: No.
Q18: Are tender/bidding documents made available online?
A18: No.
Q19: Do the tender documents include a draft PPP contract?
A19: Yes. According to general guidelines for content of project contracts in accordance with law on PPP investment,
and nature, scope, and field of each specific project, the Competent Person, the Procuring Entity shall make a Draft Contract
attached to the Bidding Documents. The Draft Contract specifies terms and conditions of the contract serving as bases for
preliminary negotiation, negotiation, finalization, and signing of investment agreement, signing and execution of contract
in conjunction with clear division of responsibilities, risks, rights and legal interests of contracting parties in accordance
with applicable law (Circular No. 15/2016/TT-BKHDT on guidelines for pre-qualification document, bidding documents
on selection of investors carrying public-private partnership projects).
Q20: Have standardized PPP model contracts and/or transaction documents been developed?
A20: Yes. Provided in Circular No. 16/2016/TT-BKHDT (Form 11), Circular 09/2018/TT-BKHDT (Annexes V.A
and V.B)
8. Q21: Does the procuring authority/responsible government entity have a role in either providing or facilitating
any of the following requirements: obtaining the required environmental permits, obtaining the possession of
required land, obtaining the required right of way?
Q21: The responsible government entity have a role in obtaining the possession of required land. Pursuant to Article
49 (1) of the Decree 63, the provincial people's committee is responsible for site clearance and for completing procedures
for allocation or lease of land to implement the project in accordance with the law on land, the project contract and related
contracts. However, the provincial people's committee is not necessarily the procuring entity.
C. PROCUREMENT/TENDERING OF PPPS
Q22: Which best describes the required qualifications of the bid evaluation committee members?
A22: The membership of the bid evaluation committee is specified and its members are required to meet detailed
qualifications as follows:
a) Have certificates of training in bidding, bidding practice certificate as prescribed;
b) Have professional competence in bidding;
c) Have at least three years of experience in the areas assigned; for bid packages to be implemented in remote areas
or severely disadvantaged areas, only one year of experience is required;
d) Have adequate English level for international bid packages;
e) Have a written commitment in the Appendix enclosed herewith;
f) Persons who are mothers, fathers, mothers-in-law, fathers-in-law, children, adopted children, daughters-in-law,
sons-in-law, brothers and sisters of the individuals involved in the establishment of EOI requests, prequalification document,
invitation for bid, and request for proposals shall not be allowed to be involved in the assessment of such documents.
g) Persons who are mothers, fathers, mothers-in-law, fathers-in-law, children, adopted children, daughters-in-law,
sons-in-law, brothers and sisters of the individuals involved in the assessment of EOI response, technical proposals, result
of selection of contractors shall not be allowed to be involved in the assessment of such documents.
Q23: Does the procuring authority issue an invitation for bids/ tender notice for the PPP project?
A23: Yes. The invitation for bids/ tender notice must be published on the national bidding system
(www.muasamcong.mpi.gov.vn) and Bidding Newspaper (Article 8.1, Bidding Law)
Q24: Is the public procurement notice published online?
A24: Yes. On website http://muasamcong.mpi.gov.vn/
Q25:Are foreign companies subject to any of the following restrictions when participating in the bidding
process?
A25: They are subject to a requirement to form a joint venture with domestic firm(s) to be allowed to bid in the public
tender. (Article 5(1)(h) of the Bidding Law)
Q26: Does the procuring authority grant the potential bidders a minimum period of time to submit their bids?
9. A26: Yes. Pursuant to Articles 6 (5) and (6) of Decree 30/2015/ND-CP, the time-limit for formulation of a set of
proposals is within a minimum thirty (30) days from the first date of issuing the set of requirements before bid closing time.
Investors must lodge their sets of proposals before bid closing time. The time-limit for formulation of bids is within a
minimum sixty (60) days for domestic bids and ninety (90) days for international bids as from the first date of issuing the
bid invitation documents before bid closing time. Investors must lodge their bids before bid closing time. The time calendar
day: 60-90 days.
Q27: What are the procurement procedures available and/or set as default for PPP contracts?
A27: The default procurement procedures for PPP contracts are:
- Open competitive tendering/bidding (Article 37 of Decree 63; Article 9 of Decree 30)
- Competitive tendering/bidding with prequalification stage (Restricted tendering) (Article 16.1 of Decree 30)
- Multi-stage tendering/bidding (with shortlisting of final candidate(s)) (Articles 30-31 of the Bidding Law)
- Competitive dialogue (Article 38.3 of the Bidding Law, Articles 58-59 of Decree 63)
- Direct negotiation (Article 22 of the Bidding Law)
- Others (Articles 24-25 of the Bidding Law)
Q28: If direct negotiation is either an available or default option, does the regulatory framework restrict this
procedure to certain exceptional conditions and circumstances (including cases of single source providers or
applicable to a certain threshold)?
A28: Yes according to Article 9(3) of Decree 30
Q29: Do the tender documents detail the procedure of the procurement process, providing the same
information to all the bidders?
A29: Yes pursuant to Article 26.2 of Decree 30.
Q30: Do the tender documents unambiguously specify the qualification requirements (or the prequalification
requirements when applicable) making them available to all potential bidders as part of the tender notice/ invitation
for bids?
A30: Yes. According to Article 26.2 of Decree 30.
Q31: Are there any parameters/limits to the qualification requirements to ensure that they do not unduly
restrict competition of qualified bidders?
A31: No.
Q32: Can potential bidders/tenderers submit questions to clarify the public procurement notice and/or the
bidding/tender documents?
A32: Yes pursuant to Article 30.3 of Decree 30.
Q33: If yes, can the bidders also suggest innovations to improve the tender documents or procurement
approach, including for example the provision of value engineering and/or technologically neutral options?
A33: No.
10. Q34: If yes, is there a timeframe for the procuring authority to address questions and clarifications by
bidders?
A34: No.
Q35: If yes, notwithstanding confidential information pertaining to the bidders, does the procuring authority
disclose those questions and clarifications to all potential bidders?
A35: Yes according to Article 30(3) of Decree 30.
Q36: If yes, does the procuring authority extend the proposal submission deadline due to the
modifications introduced in the bidding/tender documents?
A36: No.
Q37: Besides questions and clarifications, can the procuring authority conduct a pre-bid conference?
A37: Yes according to Article 16 of Decree 30.
Q38: If yes, notwithstanding confidential information pertaining to the bidders, does the procuring authority
disclose the response to the queries raised by the bidders in the pre-bid conference to all bidders?
A38: Yes according to Article 18.2(c) of Decree 30.
Q39: Does the procuring authority require the bidders to prepare and submit a financial model with their
proposals / bids?
A39: Yes pursuant to Articles 25.4, 45.4, 56.4 and 70.1(b) of Decree 30.
Q40: Does the procuring authority evaluate the bids/tenders strictly and solely in accordance with the
evaluation criteria stated in the bidding/tender documents?
A40: Yes pursuant to Articles 33(1), 47, 58, 72 and78 of Decree 30.
Q41: Can criteria other than price (non-price attributes) be used when evaluating the tenders/bids of a PPP
contract?
A41: Yes in consistent with Articles 41, 53, 67, 73 and 79 of Decree 30.
Q42: If criteria other than price are used, does it have to be justified, objective and quantifiable?
A42: Yes, according to Articles 27, 36, 39, 58.2, and 58.3 of Decree 30.
Q43: When price is used as one of the evaluation criteria, does the procuring authority provide a cost
estimate?
A43: Yes pursuant to Article s 41.4, 53.4, 67.4, 73.4 and 79.4
Q44: In the case where only one proposal is submitted, which best describes the way the procuring authority
deals with them?
11. A44: The procuring authority follows a specific procedure before awarding a PPP contract where only one proposal
is submitted. Direct appointment applies (Articles 22.4 of the Bidding Law, Article 9.3 of Decree 30)
Q45: Does the procuring authority publish the contract award notice?
A45: Yes. It is not clear but it seems that the notice would be published online at muasamcong.mpi.gov.vn
(Article 42 (6) of Decree 30.)
Q46: If yes, is the contract award notice published online?
A46: Yes, on website: www.muasamcong.mpi.gov.vn
Q47: Does the procuring authority notify all the bidders individually about the result of the PPP
tendering/bidding process?
A47: Yes, pursuant to Article 42 (6) of Decree 30
Q48: Does the notification of the result of the PPP procurement process include the grounds for the selection
of the winning bid/tender?
A48: Yes, according to Article 42 (6) (b) of Decree 30.
Q49: Does the procuring authority provide bidders/tenderers with the option of holding a debriefing meeting
to discuss why their bid/tender was not selected?
A49: No.
Q50: Is there a standstill (or pause) period after the contract award and before the signing of the contract in
order to allow aggrieved unsuccessful bidders to challenge the award decision?
A50: Yes, in consistent to Article 92.2 of the Bidding Law and the time in calendar days: 10 days.
Q51: Is the standstill period set out in the notice of intention to award?
A51: No.
Q52: Does the regulatory framework restrict material negotiations (for example price or scope) with the
winning bidder between the award and the signature of the PPP contract?
A52: Yes, according to Article 43.2 of Decree 30.
Q53: Does the regulatory framework allow for complaint review mechanisms pertaining to the PPP
bidding/tendering process?
A53: Yes, pursuant to Article 92.1 of the Bidding Law.
Q54: Is there a timeframe in which decisions on complaints are issued?
A54: Yes. The timeframe is 7 days according to Article 92.1(b) of the Bidding Law
Q55: Are decisions subject to appeal?
12. A55: Yes, according to Article 92.1(c) of the Bidding Law.
Q56: Is the original complaint and/or the appeal reviewed resolved by an independent administrative
authority (other than the procuring authority or the courts)?
A56: Yes. Pursuant to Article s 82.2(c), 84.3 and 92.1(c)-(d) of the Bidding Law. The approving authority includes
the Government, the Prime Minister, Ministries, ministerial agencies and People's Committee of all levels.
Q57: Does the procuring authority publish the PPP contract? (notwithstanding the protection of
commercially sensitive information)?
A57: No.
D. CONTRACT MANAGEMENT
Q58: Does the procuring authority or contract management authority establish a system to manage the PPP
contract (i.e., attributing responsibilities or establishing specific management tools)?
A58: Yes, pursuant to Article 51 of Decree 63
Q59: If yes, which of the following tools does it include?
A59: The applicable tools are:
- Establishment of a PPP contract management team (Articles 8(6)-(7) of Decree 63)
- Participation of the members of the PPP contract management team in the PPP procurement process and/or vice
versa (Article 8(7) of Decree 63)
Q60: Which best describes the required qualifications of the PPP contract management team members?
A60: The PPP contract management team members are required to meet sufficient qualification without specific
details, provided in Article 8.6 of Decree 63.
Q61: Does the procuring or contract management authority establish a monitoring and evaluation system of
the construction of the PPP project (i.e., system for tracking progress of construction, monitoring and evaluation of
performance, etc.)?
A61: Yes, provided in Article 52 of Decree 63
Q62: Is the PPP contract construction performance information made available to the public (e.g. by request
or published in the official gazette/bulletin board)?
A62: No.
Q63: Is the PPP contract construction performance information made publicly available online?
A63: No.
Q64: Does the procuring or contract management authority establish a monitoring and evaluation system of
the PPP contract implementation after construction?
13. A64: Yes stipulated in Articles 53-55 of Decree 63.
Q65: If yes, which of the following tools does it include?
A65: The included tools are:
- Payments are linked to performance (Articles 16.3, 18.1 and 21.1 of Circular 88/2018/TT-BTC)
- Performance is assessed against output/ Key performance indicators (KPI) set in the tender documents and the
PPP contract (Articles 16.3, 18.1 and 21.1 of Circular 88/2018/TT-BTC)
- The private partner must provide the procuring or contract management authority with periodic operational and
financial data (Article 56.2 of Decree 63.)
- The procuring or contract management authority must periodically gather information on the performance of the
PPP contract (Articles 52.1, 52.2, 73 and 74 of Decree 63)
Q66: Is there an economic/technical regulator to oversee the implementation of PPP contracts?
A66: Yes. They are Ministry of Finance (www.mof.gov.vn), Ministry of Construction (www.moc.gov.vn) and
Provincial People's Committee pursuant to Article s 69, 72 and 74 of Decree 63.
Q67: If yes, does the economic regulator have?
A67: Though each Ministry has its own establishment decision, the economic regulator has:
- Political autonomy (for example, through independence of its Directors' appointments of the Line Ministry or
other similar mechanisms).
- Managerial autonomy (freedom to determine the use of its budget and organization of resources)
- Tariff setting authority.
- Dispute resolution authority.
Q68: Are foreign companies restricted from repatriating the income resulting from the operation of a PPP
project?
A68: No.
Q69: Does the regulatory framework (including standard contractual clauses) expressly regulate changes in
the ownership structure (i.e. stakeholder composition) of the private partner and/or assignment of the PPP contract?
A69: Yes, pursuant to Article 43(1) of Decree 63
Q70: If yes, which of the following circumstances are specifically regulated?
A70: It regulates the changes of ownership/contract assignment, at any time during the contract, must preserve the
same technical qualifications as the original operator, provided in Article 43(2) of Decree 63, but only allowed upon
completion of the works (if the project has construction phase) or upon operation stage (if the project has not construction
phase)
14. Q71: Does the regulatory framework (including standard contractual clauses) expressly regulate the
modification or renegotiation of the PPP contract (once the contract is signed)?
A71: Yes, provided in Article 67 of the Bidding Law, Article 44 of Decree 63
Q72: If yes, is an approval from a government authority, other than the procuring authority, required?
A72: Yes, pursuant to Articles 30, 31, 32 and 44 of Decree 63.
Q73: If yes, which of the following circumstances are specifically regulated?
A73: The circumstances specified in law include:
- A change in the scope and/or object of the contract (Article 44 of Decree 63)
- A change in the financial and/or economic balance of the contract (Article 67.6 of the Bidding Law, Article
32.1(b) of Decree 63.)
- A change in the duration of the contract (Article 67.6 of the Bidding Law)
- A change in the agreed price or tariff or annuity payments (Articles 67.3-5 of the Bidding Law)
Q74: Is there a threshold for which a new tendering process is required?
A74: Yes. Article 32 of Decree 63 provides that A project shall be adjusted in the following cases:
a) The project is affected by natural disasters or other force-majeure events;
b) There are elements that may make the project more effective in terms of finance and socio-economic aspects;
c) There is any change in the planning that directly entails changes to the objectives, location and scope of the project;
d) The project fails to attract the investor after the survey, initial selection or bidding;
e) Other cases according to special law or the regulations stipulated by the Prime Minister.
Q75: Can the procuring/contract management authority modify a PPP contract unilaterally?
A75: No.
Q76: Does the regulatory framework (including standard contractual clauses) expressly address the
following circumstances that may occur during the life of the PPP contract?
A76: The law addresses circumstances on:
- Force Majeure. (Article 67.6 of the Bidding Law)
- Subcontracting and replacement of the subcontractors. (Article 43 of Decree 63 on transfer of rights and
obligations under the project contract)
Q77: Does the regulatory framework (including standard contractual clauses) allow for alternative dispute?
15. A77: Yes pursuant to Article 67 of Decree 63; Point 23, Section 3, Form 11 of Circular No. 16/2016/TT-BKHDT
Q78: Is arbitration available as an option?
A78: Yes. Domestic arbitration and international arbitration (Article 67 of Decree 63; Point 23, Section 3, Form
11 of Circular No. 16/2016/TT-BKHDT)
Q79: If applicable, are arbitration awards enforceable by local courts?
A79: Yes, according to Article 427 of the 2015 Civil Procedures Code.
Q80: Are other Alternative Dispute Resolution (ADR) options available (including mediation or dispute
resolution boards)?
A80: Yes pursuant to Article s 67(1) and (2) of Decree 63.
Q81: Does the regulatory framework (including standard contractual clauses) allow for the lenders to take
control of the PPP project (lender step-in rights) if either the private partner defaults or if the PPP contract is under
threat of termination for failure to meet service obligations?
A81: Yes, pursuant to Article 42 of Decree 63.
Q82: If yes, which best describes the lender step-in right?
A82: The regulatory framework expressly regulates the lender step-in rights. Article 42 of Decree 63 on Lenders'
right to take over the project provides:
1. Lenders are entitled to take over or appoint a competent organization to take over a part or all of the rights and
obligations of investors, special purpose entities (hereinafter referred to as the take-over right) in case the investor or special
purpose entity fails to fulfill the obligations specified in the project contract or loan agreement.
2. A written agreement on the project must be made between the lenders and regulatory agencies or the contracting
parties.
3. After taking over the project, the lender or his/her authorized organization shall assume all of the obligations as
an investor, project business as prescribed in the project contract and agreement on the project take-over right.
Q83: Does the regulatory framework (including standard contractual clauses) expressly address the
grounds for termination of a PPP contract?
A83: Yes. Project contract may be terminated if the agreed contract term expires, or else the project contract
may be terminated prior to the maturity date due to the violation of one of the parties without that defaulting party's effective
remedies, due to force majeure events or other cases specified in the project contract. (Article s 45(2) and (3) of Decree 63).
Q84: If yes, does the regulatory framework (including standard contractual clauses) also addresses the
consequences for the termination of the PPP contract?
A83: Yes, pursuant to Point 22, Section 3, Form 11 of Circular No. 16/2016/TT-BKHDT.
E. UNSOLICITED PROPOSALS
Q85: Are unsolicited proposals in Vietnam?
16. A85: It is explicitly allowed by the legal framework (Article 22(1) of Decree 63, Investors may propose the
projects other than the ones approved by ministries, regulatory bodies and People’s Committees of provinces)
Q86: Does the procuring authority conduct an assessment to evaluate unsolicited proposals?
A86: Yes, pursuant to Articles 20.1, 22.2 and 23 of Decree 63.
Q87: If yes, is there any vetting procedure and/or pre-feasibility analysis before fully assessing the
unsolicited proposal?
A87: Yes, provided in Article 23(2) of Decree 63.
Q88: Which best describes how the procuring authority ensures that unsolicited proposals are consistent
with existing government priorities?
A88: The procuring authority follows a specific procedure to ensure the consistency of PPPs with other
government investment priorities. Article 24(1) of Decree 63 and Article 15(1) of Decree 15 (A project must satisfy all the
following conditions to be eligible for selection for development in the PPP investment form: (a) Conformity with the
developmental master plan and developmental plans of the branch and region and with the local socio-economic
developmental plan)
Q89: Does the procuring authority initiate a competitive PPP procurement procedure when proceeding
with the unsolicited proposal?
A89: Yes pursuant to Article 24.2 of Decree 63, Article 4 of Circular No. 09/2018/TT-BKHDT.
Q90: Does the procuring authority grant a minimum period of time to additional prospective bidders
(besides the proponent) to prepare their proposals?
A90: No.
Q91: Does the procuring authority use any of the following incentive mechanisms (Access to the best and
final offer (BAFO) process and/or automatic shortlisting, Developer's fee, Bid Bonus, Swiss challenge or other) to
reward/compensate the submission of unsolicited proposals?
A91: No.
Please do not hesitate to contact Dr. Oliver Massmann under omassmann@duanemorris.com or any other lawyers in our
office listing if you have any questions or want to know more details on the above. Dr. Oliver Massmann is the General
Director of Duane Morris Vietnam LLC.