THE GOVERNMENT
 
 No. 15/2015/ND-CP
THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
 
Hanoi, February 14, 2015
 
 
DECREE
On investment in the form of public-private partnership [1]
Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the November 26, 2014 Law on Investment;
Pursuant to the June 18, 2014 Law on Public Investment;
Pursuant to the November 26, 2013 Law on Bidding;
Pursuant to the June 18, 2014 Law on Construction;
Pursuant to the June 17, 2009 Law on Management of Public Debts;
At the proposal of the Minister of Planning and Investment,
The Government promulgates the Decree on investment in the form of public-private partnership.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
This Decree prescribes fields, conditions and procedures for implementation of investment projects in the form of public-private partnership; the mechanism for management and use of the State’s investment capital in the implementation of projects; policies on investment incentives and assurance and state management responsibility for investment projects in the form of public-private partnership.
Article 2. Subjects of application
This Decree applies to competent state agencies, investors, project enterprises, lenders and agencies, organizations and individuals involved in the implementation of investment projects in the form of public-private partnership.
Article 3. Interpretation of terms
In this Decree, the terms below are construed as follows:
1. Investment in the form of public-private partnership (PPP) means a form of investment implemented under a contract between a competent state agency and an investor or a project enterprise for implementation, management and operation of a project on development of infrastructure or provision of public service.
2. Project contract means a contract specified in Clause 3, 4, 5, 6, 7, 8 or 9 of this Article or a similar contract specified in Clause 3, Article 32 of this Decree.
3. Build-operate-transfer contract (BOT contract) means a contract signed between a competent state agency and an investor to build an infrastructure facility. Upon the completion of the facility, the investor has the right to operate it for a specified duration. Upon the expiration of this duration, the investor shall transfer such facility to the competent state agency.
 

 

[1] Công Báo Nos 295-296 (05/3/2015)