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On October 8, Deputy Prime Minister Ho Duc Phoc signed Decree 257/2025/ND-CP, detailing the implementation of projects under BT contracts. The decree specifies BT project implementation procedures, and forms of selection of investors to implement BT projects.
It details the BT project implementation process based on sources of funding and approval competence:
Article 4.1 outlines the procedures for projects subject to investment policy approval by the National Assembly as follows:
. Formulating and appraising the pre-feasibility study report before it is submitted to the National Assembly for investment policy decision;
. Formulating and appraising the feasibility study report and approving the project;
. Selecting the investor; formulating, appraising and approving the technical design (for three-step designs) or the construction drawing design (for two-step designs) and cost estimates; signing and implementing the project contract.
Article 4.2 specifies procedures for BT projects funded by the state budget or those using combined payment of a land fund and the state budget, except projects specified in Article 4.1 and 4.4, as follows:
. Formulating and appraising the report on the investment policy proposal, and making the investment policy decision;
. Formulating and appraising the feasibility study report or the construction investment economic-technical report, for BT projects that require the formulation of a construction investment economic-technical report; and approving the project;
. Selecting the investor; preparing, appraising and approving the technical design (for three-step designs) or the construction drawing design (for two-step designs) and the cost estimates; signing and implementing the project contract.
Article 4.3 specifies procedures for BT projects paid with a land fund, except those specified in Article 4.1 and 4.4, as follows:
. Preparing and appraising the feasibility study report or the construction investment economic-technical report, for BT projects that require the formulation of a construction investment economic-technical report; and approving the project;
. Selecting the investor; preparing, appraising and approving the technical design (for three-step designs) or the construction drawing design (for two-step designs) and the cost estimates; signing and implementing the project contract.
Article 4.4 specifies procedures for BT projects paid with a land fund as proposed by the investor, which are subject to investor appointment in accordance with the Law on Investment in the Form of Public-Private Partnership, except the projects specified in Article 4.1. It says that the investor will propose the project, formulate the feasibility study report together with the capacity profile and the draft contract. The competent agency will organize the appraisal of the feasibility study report, and approve the project, investor appointment results, the draft contract, the technical design (for three-step designs) or the construction drawing design (for two-step designs), and the cost estimates.
Under Article 9.1, the investor selection for the implementation of BT projects may be carried out through (i) open bidding under Article 37 of the Law on Investment in the Form of Public-Private Partnership; (ii) competitive negotiation under Article 38 of the Law on Investment in the Form of Public-Private Partnership; (iii) investor appointment under Article 39 of the Law on Investment in the Form of Public-Private Partnership and Clause 3 of this Article; (iv) investor selection in special cases under Article 40 of the Law on Investment in the Form of Public-Private Partnership; or (v) other law-specified forms.
BT contract signing agencies will be responsible for managing and supervising the quality of BT project works in accordance with Clause 2, Article 59 of the Law on Investment in the Form of Public-Private Partnership.
- (VLLF)
