Twelfth. Generalized system of legal documents on investment in the form of public - private businessman (PPP) in our country.
It can be confirmed, so far, the rules on investment in the form of partnership Public - private partnership (PPP) been covered in many legal documents; namely: - Law on Investment November 26, 2014 (Article 27) provides for investments in the form of PPP contracts are "investors, corporate projects PPP contracting with state agencies competence to carry out investment projects on construction or renovation, upgrading, expansion, management and operation of infrastructure projects or providing public services ". - Public Investment Law June 18 2014 (paragraph 16, Article 4) provides: "Investing in the form of public-private partnership investment is made on the basis of contracts between state agencies competent and investors, corporate projects to implementation, management and operation of infrastructure projects, providing public services ". - Bidding Law November 26, 2013 (paragraph 3 of Article 1) provides that: "This law provides management State's bidding; responsibility of the stakeholders and procurement activities, including: Option investors implement investment projects in the form of public-private partnership (PPP) projects involving land use. " Also, in Paragraph 2, Article 15 provides for international bidding, whereby "project investments under public-private partnership mode, projects involving land use, unless the investment restrictions as prescribed investment law ". - Construction Law June 18, 2014 (Clause 2, Article 7) specifies: "Depending funds used for the project, the investor is defined as follows: For projects implemented in the form of project contracts, public-private partnership contract, the investor is now project agreement by investors established in accordance with law ... ". In Paragraph 4, Article 57 stipulates that: "For the project using other capital project evaluation competence construction investment is defined as follows: Projects implemented under the form of project contract, the contract partners assistance with government equity participation by specialized agencies on building decentralized appraisal chaired basic design of the project. State agencies have jurisdiction under the provisions of law on investment other content evaluation in the feasibility study report on construction investment. " - Decree No. 15/2015 / ND-CP dated 14/2 / 2015 of the Government on investment in the form of public-private partnerships. This is the first time a separate decree, created a legal basis for the program more fully that PPP government set; shows the strong commitment of the Government in the reform and creating opportunities for the private sector (both domestic and foreign) to invest in projects of the State. Decree with the new rules breakthrough as: + Decree on the form of project contracts, including construction contracts - transfer (BT contract); Construction contracts - Transfer - Lease Services (contract BTL) and construction contracts - service lease - transfer (BLT contract). So investors do not necessarily have to transfer the facility to the state, but can choose many different solutions, depending on requirements of the investor and the project financing loans. + Decree specifies image and classification of investment projects applying PPP. Besides the projects of physical infrastructure such as bridges, roads and buildings ..., works on trade, science, technology, meteorological and economic zones, industrial parks, tech zones, technological parks focused information; ICT applications are also included in the list of projects to be applied PPP. Decree also stipulates, the PPP project will be classified according to national important projects, projects of groups A, B and C. Whereby small projects will be adopted more quickly . Accordingly, Group C projects not implemented certification procedures for investment registration status.
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