What are regulations on Build - Transfer - Lease contracts in Vietnam?

What are regulations on Build - Transfer - Lease contracts in Vietnam?

Pursuant to Clause 16.dd, Article 3 of the Law on Public - Private Partnership Investment in 2020 stipulating as follows:

Build - Transfer - Lease contract (hereinafter referred to as BTL contract) is a type of PPP project contract in Vietnam.

PPP project contract means a written agreement between a contracting authority and a PPP project investor or enterprise on the State's concession to that investor or PPP project enterprise to execute a PPP project according to provisions of this Law, including the following types of contracts:

- Build – Operate – Transfer contract (hereinafter referred to as BOT contract);

- Build - Transfer - Operate contract (hereinafter referred to as BTO contract);

- Build - Own - Operate contract (hereinafter referred to as BOO contract);

- Operate - Manage contract (hereinafter referred to as O&M contract);

- Build - Transfer - Lease contract (hereinafter referred to as BTL contract);

- Build - Lease - Transfer contract (hereinafter referred to as BLT contract);

- Mixed contract prescribed in Clause 3 of Article 45 of this Law.

Which authority has power to conclude Build - Transfer - Lease contracts in Vietnam?

Pursuant to Clause 2, Article 5 of the Law on Public - Private Partnership Investment in 2020 stipulating as follows:

- Ministries, Ministry-level agencies, governmental agencies, central bodies affiliated to political organizations, Supreme People’s Procuracy, Supreme People’s Court, State Audit, Office of the President, Office of the National Assembly, and central bodies of Vietnam Fatherland Front and socio-political organizations (hereinafter referred to as Ministries and/or central authorities);

- Provincial People’s Committees;

- Agencies and organizations set up by the Government and the Prime Minister, and assigned make state budget estimates according to the provisions of law on state budget

- Competent agencies may authorize their directly controlled agencies or units to act as authorities signing contracts to execute PPP projects within their competence.

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