1.2. Essential system of legal text on top of the tƣ in the form of public-tƣ partners (PPP) in nƣớc.Can affirm, to date, the regulations on investment in the form of partnership Public-private (PPP) was granted in many legal texts; specifically, such as:-Investment law on November 26, 2014 (article 27) regulations on investment in the form of PPP contracts is "investors, the business contracted PPP projects with competent State bodies to implement investment projects in the new build or renovate, upgrade, expand, manage and operate infrastructure works or providing public services".-The investment law on 18 June 2014 (in paragraph 16 article 4) stipulates: "investment in the form of private public partnership investment is made on the basis of the contract between the competent State agencies and investors, the business project to implement, manage, operate the infrastructure project , providing public services ".-Bidding on November 26, 2013 (article 1 paragraph 3) explicitly: "this law stipulates the State management of tenders; the responsibilities of the parties involved and the bidding activities, including: the choice of the investor investment projects implementation in the form of public private partnership (PPP), the project has used the land ". At the same time, in paragraph 2 article 15 provisions on international bidding, according to which "the project models consciousness of public investment partners, investment projects that use the land, unless the investment restrictions under the provisions of the law on investment ".-Construction Law on 18 June 2014 (item 2 article 7) specify: "depending on the use of funds for the project, the investor is defined as follows: for projects implemented in the form of the contract of the project, the contract partner, the owner is the business project by the investor agreement established under the provisions of the law ...".In paragraph 4 to article 57 also explicitly: "for use in other capital projects, the authority to appraise investment projects of construction is specified as follows: project follow the form of the contract of the project, the contract partner that shares of the State by the professional bodies of the construction according to the decentralization chaired the evaluation design of the project. The State Agency has the authority under the provisions of the law on investment appraisal of the other content in the feasibility study report construction ".-Decree No. 15/2015/ND-CP dated 14/2/2015 of the Government on investment in the form of public private partnership. This is the first time there is a decree, creating a more complete legal basis for PPP program that the Government puts out; demonstrates the strong commitment of the Government in the reform and create opportunities for private businesses (both in and outside the country) to participate in investment projects of the State. The Decree contains the breakthrough new rules such as:+ The decree regulating the forms of project contracts, including contracts to build-transfer (BT); construction contract-transfer-rental service (BTL) and build-lease-transfer service (BLT). So investors don't necessarily transfer works for the State, which can select many different solutions, depending on the requirements of investors and lenders financing the project.+ The Decree regulated forms of investment and project classifications are applied form of PPP. Next to the project on the physical infrastructure such as bridges, roads, buildings ..., works on trade, science, technology, meteorology, hydrology, economics, industry, high-tech zones, zone centralized information; the application of information technology was also put on the list of the projects is applied form of PPP. The Decree also explicitly, in the form of PPP projects will be categorized by national important project, the project group A, B and c. whereby small projects will be through more quickly. Accordingly, the project group C did not have to perform the certification procedure to register earlyinvestment.
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