In Vietnam, what are procedures for transfer and receipt of construction works and infrastructure system in case the PPP project is executed under a BLT contract?

In Vietnam, what are procedures for transfer and receipt of construction works and infrastructure system in case the PPP project is executed under a BLT contract?

Pursuant to Clause 1, Article 78 of the Decree 35/2021/ND-CP stipulating procedures for transfer and receipt of construction works and infrastructure system in case the PPP project is executed under a BLT contract in Vietnam as follows:

1. In case the PPP project is executed under a BOT or BLT contract:

a) At least 01 year before the termination date of the PPP project contract specified in therein, the PPP project enterprise shall publish the transfer of construction works and infrastructure system, procedures and time limit for contract finalization, payment of debts on a newspaper; send the application for transfer of construction works and infrastructure system prescribed in Clause 1 Article 79 of this Decree to the contract-signing authority;

b) Within 30 days from the receipt of the application for transfer, the contract-signing authority shall take charge and cooperate with the authority specialized in property management, the finance authority and relevant authorities (if necessary) in:

- Organizing inspection of quality, value, conditions of the construction works and infrastructure system under the terms and rules of the project contract.

- Preparing a list of transferred property.

- Preparing a record on damage to the property (if any) in order to request the project management enterprise to make repairs and maintenance of the property.

- If the construction works and infrastructure system satisfy the requirements, the contract-signing authority shall sign the property transfer record.

- Requesting the competent authority to assign a unit to operate and maintain the construction works and infrastructure system as prescribed in Clause 4 Article 80 of this Article;

c) The contract-signing authority shall request SAV to audit the value of property of the PPP project as the basis for increasing property as prescribed by regulations of law on management and use of public property.

d) At least 30 days before the termination date written in the PPP project contract, the contract-signing authority shall prepare documents and request the competent authority to issue a decision on establishment of public ownership; prepare a plan for property settlement and submit it to the competent authority for approval in accordance with regulations of law on management and use of public property;

dd) The assigned unit shall operate and maintain the construction works and infrastructure system as per regulations.

What documents are included in the application for transfer of construction works and infrastructure system of the PPP project executed under a BLT contract in Vietnam?

Pursuant to Clause 1, Article 79 of the Decree 35/2021/ND-CP stipulating the application for transfer of construction works and infrastructure system of the PPP project executed under a BLT contract in Vietnam as follows:

1. The application for transfer of construction works and infrastructure system of the PPP project executed under a BOT or BLT contract consists of:

a) The written request for transfer of construction works and infrastructure system;

b) The report on fulfillment of the rules and conditions specified in Article 77 of this Decree;

c) Other documents specified in the contract and written agreement prescribed in Point a Clause 1 Article 78 of this Decree.

Best regards!