NO

ASPECTS

DESCRIPTION

4.

Available Sectors

1. Roads, bridges, tunnels, ferry

2. Railway, railway bridges, railway tunnels

3. Urban transport

4. Airports, seaports, river ports

5. Fresh water supply system

6. Power plant

7. Healthcare (hospital)

8. Environment (waste treatment plants)

9. Other infrastructure development and public services supply projects as decided by the Prime Minister.

5.

Eligible Tender Participants / Project Initiator

1. An investor being an organization shall be deemed to be eligible when it satisfies the following conditions:

a) Having registration for establishment and operation issued by the competent authority of the economy where it is operating;

b) It is an independent cost accounting entity;

c) It is not in the process of dissolution; not concluded to fall into the state of bankruptcy or to be insolvent as prescribed by law.

d) It has registered on the national bidding network system;

d) To ensure competitiveness in bid as prescribed in Article 6 of this Law;

e) It is not in time banned from bid participation;

g) Its name is stated in short list for case where the short list has been selected;

h) It must have a partnership with domestic contractors or use sub-contractors if it is foreign tenderer when participating in international bid in Vietnam, unless domestic contractors have not full capability to participate in any part of bidding package.

2. An investor being an individual shall be deemed to be eligible when it satisfies the following conditions:

a) Having full capacity for civil acts pursuant to the law of the economy of which such individual is a citizen;

b) Having an appropriate professional certificate as prescribed by law;

c) Having lawful registration for operation as prescribed by law;

d) Such individual is not being examined for penal liability;

e) Such individual is not in time banned from bid participation.

6.

Types of PPP Structures/ Contract Types

1. Build-Operate-Transfer (BOT);

2. Build-Transfer-Operate (BTO);

3. Build-Own-Operate (BOO);

4. Build-Transfer (BT);

5. Other contract type as prescribed by Law on Investment.

7.

Types of Project

1. Solicited projects: PPP Projects initiated by the Authorized State Agency:

2. Unsolicited Projects: PPP Projects initiated by the investor

The project proposal by the investor shall be sent to the Authorized state agency with state management function corresponding to the implementation and area and field of the project, with a carbon copy to Ministry of Planning and Investment for monitoring.

Other later procedures are the same as solicited projects.

8.

Project Stages and Implementation for Solicited Proposals

Stage I: Project Preparation

Stage II: Selection of Investor and signing of project contracts

Stage III: Issuance of investment certificates and implementation of projects

Stage IV: Final account works and hand-over of project facilities

Selection of project proposal

Formulation, evaluation and aprroval of Feasibility study report

Tendering for selection of an investor

Negotiation, finalization and signing of project contracts

Ministry of Planning and Investment shall issue the investment certificates for pilot PPP projects.

The investor shall establish a project enterprise to implement the project ; tender to select contractors.

Report on project implementation

The investor shall prepare a file on final account on investment capital within 06 months from the date of completion of the project works.

Output:

- Project portfolio

- Approved Feasibility Study Report

- Approval of the Prime Minister on the state participation portion, investment guarantee mechanism and other matter beyond the authority of the Authorized state body and localities.

Output:

- Result of investor selection

- The authorized state agency initials the project contract with the selected investor.

Output:

- Official contract with selected investor after the issuance of investment certificate

- Investment certificates

- Establishment of project enterprise

- Result of contractor selection conducted by investors to the Authorized state agency

- Report on project implementation submitted to the authorized state agency in January and July.

9.

Project Stages and Implementation for Unsolicited Proposals

The project proposal by the investor shall be sent to the Authorized state agency with state management function corresponding to the implementation and area and field of the project, with a carbon copy to Ministry of Planning and Investment for monitoring.

Other later procedures are the same as solicited projects.

10.

Mechanisms to Engage Private Sector at Project Development Stages

11.

Project Appraisal and Selection Process

Public-private partnership project shall meet one of the following criteria:

1. A project being of great significance, large scale, and urgent demand to the need of economic development as stipulated under Decision No. 412/QD-TTg dated 11 April 2007 of the Prime Minister

2. A project which is capable of repaying investment capital to the investor with the revenue reasonably collected from consumers.

3. A project which is capable of exploiting advantages in regard of technological and management and operation experiences, and effectively mobilizing financial capacity of the private sector.

4. Other criteria as decided by the Prime Minister.