The Government Office has issued a notice regarding the conclusion of Deputy Prime Minister Tran Hong Ha’s meeting on constructing a National Assembly resolution to address issues with BT projects, also known as build-transfer initiatives.
The Deputy Prime Minister expressed appreciation for the Ministry of Planning and Investment’s efforts in proposing solutions to overcome challenges faced by ongoing BT projects.
However, in a recent document dated June 26, 2024, the Government Office directed the Ministry to present amendments to the Law on Investment in Public-Private Partnership (PPP) to the National Assembly in October 2024. As a result, it would be challenging to convince the National Assembly to issue a resolution addressing issues with ongoing BT projects simultaneously with the law amendment.
Additionally, while the BT contract format has been implemented for several years and contributed to the development of the country’s socio-economic infrastructure, there remain certain challenges in its execution, partly due to insufficient legal provisions or inconsistent interpretations.
With careful consideration and the proposal of a clear and transparent implementation mechanism, the BT contract format can be optimized for improved effectiveness, as evidenced by the National Assembly’s approval of BT contracts in the Resolution No. 98 on experimental mechanisms and policies for Ho Chi Minh City’s development and the amended Capital Law on June 28, 2024.
To ensure a comprehensive approach to addressing existing issues and unblocking investment resources for PPP projects, including ongoing BT projects, the Deputy Prime Minister instructed the Ministry of Planning and Investment to follow the Government’s directives and promptly initiate procedures in accordance with the Law on the Promulgation of Legal Documents, aiming for submission to the National Assembly at its 8th session in October 2024.
Furthermore, to expedite the preparation of the law amendment, the Ministry of Planning and Investment is urged to establish a drafting committee and an editorial team comprising relevant ministries and sector experts promptly. The committee should include representatives from the Ministry of Planning and Investment, Ministry of Finance, Ministry of Natural Resources and Environment, Ministry of Transport, Ministry of Construction, Ministry of Culture, Sports and Tourism, Ministry of Health, Ministry of Education and Training, and Ministry of Industry and Trade. If necessary, the Prime Minister will establish a steering committee. The deadline for completing this task is set for July 10, 2024.