Luật sửa đổi Luật Đấu thầu; Luật Đầu tư theo phương thức đối tác công tư; Luật Hải quan; Luật Thuế giá trị gia tăng; Luật Thuế xuất khẩu, thuế nhập khẩu; Luật Đầu tư; Luật Đầu tư công; Luật Quản lý, sử dụng tài sản công 2025

LAW

AMENDMENTS TO LAW ON BIDDING, LAW ON PUBLIC-PRIVATE PARTNERSHIP INVESTMENT, LAW ON CUSTOMS, LAW ON VALUE-ADDED TAX, LAW ON EXPORT AND IMPORT DUTIES, LAW ON INVESTMENT, LAW ON PUBLIC INVESTMENT, AND LAW ON MANAGEMENT AND USE OF PUBLIC PROPERTY

Pursuant to the Constitution of the Socialist Republic of Vietnam, as amended by the Resolution No. 203/2025/QH15;

The National Assembly of Vietnam promulgates a Law on amendments to the Law on Bidding No. 22/2023/QH15, as amended by the Law No. 57/2024/QH15, the Law on Public-Private Partnership Investment No. 64/2020/QH14, as amended by the Law No. 03/2022/QH15, Law No. 28/2023/QH15, Law No. 35/2024/QH15 and Law No. 57/2024/QH15, the Law on Customs No. 54/2014/QH13, as amended by the Law No. 71/2014/QH13, Law No. 35/2018/QH14 and the Law No. 07/2022/QH15, the Law on Value-added Tax No. 48/2024/QH15, the Law on Export and Import Duties No. 107/2016/QH13, the Law on Investment No. 61/2020/QH14, as amended by the Law No. 72/2020/QH14, Law No. 03/2022/QH15, Law No. 05/2022/QH15, Law No. 08/2022/QH15, Law No. 09/2022/QH15, Law No. 20/2023/QH15, Law No. 26/2023/QH15, Law No. 27/2023/QH15, Law No. 28/2023/QH15, Law No. 31/2024/QH15, Law No. 33/2024/QH15, Law No. 43/2024/QH15 and Law No.  57/2024/QH15, the Law on Public Investment No. 58/2024/QH15, the Law on Management and Use of Public Property No. 15/2017/QH14, as amended by the Law No. 64/2020/QH14, Law No. 07/2022/QH15, Law No. 24/2023/QH15, Law No. 31/2024/QH15, Law No. 43/2024/QH15 and Law No. 56/2024/QH15.

Article 1. Amendments to Law on Bidding

1. Some clauses of Article 2 are amended and abrogated as follows:

a) The first paragraph of clause 1 is amended as follows:

“1. The selection of contractors which is carried out by authorities, organizations or individuals and funded by state budget as prescribed by the Law on State Budget or by lawful revenues of regulatory authorities and public service units, except the cases specified in clauses 7, 8 and 9 Article 3 of this Law, for:”;

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c) Clause 4 is amended as follows:

“4. Organizations and individuals involved in bidding activities other than those specified in clauses 1 and 3 of this Article may apply all provisions or some specific Articles, clauses and/or points of this Law at their discretion.”.

2. Some points and clauses of Article 3 are amended as follows:

a) Clause 1 is amended as follows:

“1. Bidding activities within the scope of this Law must comply with the provisions of this Law and other relevant laws. If any provisions of this Law are different from those of any law promulgated before the effective date of this Law, the former shall prevail, except the cases prescribed in clauses 2 through 9 of this Article.”;

b) The first paragraph of clause 7 is amended as follows:

“7. Regulatory authorities, organizations and enterprises may decide the procurement of their own free will but must ensure openness, transparency, economic efficiency and accountability in the following cases:”;

c) Point d is amended; point d1 is added following point d clause 7 as follow: 

“d) Selection of contractors carried out by state-owned enterprises without using state budget, or by public service units self-covering both recurrent and investment expenses or public service units self-covering recurrent expenses without using state budget;

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d) Clauses 8 and 9 are added following clause 7 as follows:

“8. Regarding the pre-determined funding for science, technology and innovation tasks which is totally or partially derived from state budget, the organizations or individuals in charge of such a task shall have the right to make their own decisions on selection of contractors supplying goods and/or services to serve the performance of such science, technology and innovation tasks.

9. Regarding the direct purchase of goods and/or services from family households or individuals to serve the performance of science, technology and innovation tasks in the fields of agriculture, forestry and aquaculture, the organizations and individuals in charge of science, technology and innovation tasks shall organize direct purchase of goods and/or services from family households and individuals.”.

3. Some clauses of Article 4 are amended as follows:

a) Clause 1 is amended as follows:

“1. Procuring entity means a competent authority that approves investment policies or decides to conduct bidding for investor selection, or an unit assigned by such a competent authority to organize the investor selection.”;

b) Clause 2a is added following clause 2 as follows:

 “2a. Competent authority means an authority that approves investment policies as prescribed in the Law on Investment or authority making decision to conduct bidding for investor selection. In respect of a project whose investment policies are subject to the approval given by the National Assembly or the Prime Minister, the competent authority shall be the authority making decision to conduct bidding for investor selection.”;

c) Clause 6 is amended as follows:

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d) Clause 24 is amended as follows:

“24. Competent person means a person who makes decision on investment in the project or the head of the superior authority or unit of the employer, in respect of a procurement cost estimate as prescribed by law. In case of investor selection, the competent person is the head of the competent authority that approves the investment policies in accordance with regulations of the Law on Investment or that makes a decision to conduct bidding for investor selection.”.

4. Point i clause 1 Article 5 is amended as follows: 

“i) In case of international bidding, a foreign bidder is required to enter into a consortium with a domestic bidder or will subcontract domestic bidders, unless otherwise prescribed by the Government.”.

5. Some points and clauses of Article 6 are amended as follows:

a) Point d clause 1 is amended as follows:

 “d) Employer, except the cases where: the bidder is a public service unit that is affiliated to a regulatory authority and has its assigned functions and tasks conformable with the nature of the package of that regulatory authority; a public service unit and an enterprise are directly managed by or receive capital contributed by the same authority; public service units are directly managed by the same authority, and the case prescribed in clause 4a of this Article.”;

b) Point a clause 4 is amended as follows:

“a) The bidder is not affiliated to the same governing authority or organization with the public service unit, except the case prescribed in point d clause 1 of this Article;".

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“3. The information in clauses 1 and 2 of this Article must be published on the VNEPS, except the information on projects, investment projects or packages classified as state secrets.”.

7. Some points and clauses of Article 10 are amended as follows:

a) Point g clause 1 is amended as follows:

 “g) Bidders that are startup individuals or companies, or startup support organizations accredited by competent authorities; innovation centers; science and technology enterprises; science and technology organizations; research and development centers; holders of certificates of recognition as hi-tech enterprise, hi-tech incubator, hi-tech enterprise incubator or enterprise established from an investment project on manufacturing of hi-tech products in accordance with regulations of law on science, technology and innovation, law on high technology and relevant laws;";

b) Point h clause 1 is amended as follows:

“h) A bidder that employs female workers, wounded soldiers, people with disabilities or ethnics;”;

c) Point i is added following point h clause 1 as follows:

“i) Hi-tech products which are included in the List of recommended hi-tech products and manufactured by hi-tech enterprises or enterprises established from investment projects on manufacturing of hi-tech products recognized in accordance with regulations of law on high technology; products or goods from findings of special or domestic science, technology and innovation tasks as prescribed by the law on science, technology and innovation; digital technology products and/or services meeting requirements imposed by the Minister of Science and Technology of Vietnam.”;

d) Point d clause 2 is amended as follows:

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dd) Point a clause 3 is amended as follows:

“a) The subjects specified in points a, b, c, g and i clause 1 of this Article shall be given incentives as prescribed in point b or point c clause 2 of this Article when they participate in packages for procurement of goods or mixed packages;”;

e) Point c is added following point b clause 4 as follows:

 “c) Investors that are science and technology enterprises; startup companies or startup support organizations accredited by competent authorities; innovation centers; holders of certificates of recognition as hi-tech enterprise, hi-tech incubator, hi-tech enterprise incubator, or enterprise established from an investment project on manufacturing of hi-tech products in accordance with regulations of law on high technology; foreign investors that have made commitment to transfer technologies to domestic investors or partners.".

8. Some points and clauses of Article 11 are amended and abrogated as follows:

a) Point c clause 1 is amended as follows:

“c) In case of a consulting service package in which the employer believes that the participation of foreign bidders is necessary for improving the quality of the package or project, the employer decides to organize international bidding and assumes responsibility for its decision;”;

b) Point c clause 2 is abrogated;

c) Point dd clause 2 is amended as follows:

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d) Clauses 3 and 4 are added following clause 2 as follows:

“3. Regarding projects to be executed in land areas with restricted access or bordering areas with restricted access as prescribed in the land law and relevant laws, competent persons shall decide to organize whether international bidding or domestic bidding on the basis of opinions given by the Ministry of National Defence of Vietnam, the Ministry of Public Security of Vietnam, the Ministry of Foreign Affairs of Vietnam and other relevant agencies (if any).

4. Regarding packages of projects in the fields of science, technology, innovation and digital transformation for which domestic bidding is organized, domestic bidders are allowed to employ subcontractors or special subcontractors that are foreign bidders to perform specific tasks which cannot be performed by the domestic bidders themselves or which require technology transfer.”.

9. Some points and clauses of Article 14 are amended and abrogated as follows:

a) Point b clause 9 is amended as follows:

“b) The bidder or investor performs any of the prohibited acts specified in Article 16 of this Law or commits any violation against regulations of the bidding law resulting in bid cancellation;”;

b) Point c clause 10 is abrogated.

10. Some points and clauses of Article 16 are amended and abrogated as follows:

a) Points h and k clause 6 are abrogated;

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“7. Unauthorized disclosure of information and documents on the contractor/investor selection, except the cases specified in point b clause 8 and point g clause 9 Article 77, clause 11 Article 78, clause 4 Article 80, clause 4 Article 81, and clause 2 Article 82 of this Law, including:”;

11. Some points and clauses of Article 17 are amended and abrogated as follows:

a) Point b clause 1 is amended as follows:

“b) There are changes in the objectives and scope of investment specified in the issued investment decision, for a project, or changes in the objectives and scope of procurement, for a procurement cost estimate, due to the arrangement of administrative divisions, organization of the state apparatus, and other force majeure events, resulting in changes in volume of tasks and evaluation criteria specified in the EOI request, prequalification document, bidding documents or RFP;”;

b) Point d clause 1 and point d clause 2 are abrogated; the letter “d,” in clause 4 is removed.

12. Clause 1 Article 20 is amended as follows:

“1. Contractor selection methods include:

a) Direct contracting, contractor selection in special circumstances, order placement, direct purchase;

b) Competitive bidding, shopping, limited bidding;

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13. Clause 1 Article 22 is amended as follows:

“1. Packages which have specific technical requirements that can only be satisfied by some bidders;”.

14. Article 23 is amended as follows:

“Article 23. Direct contracting

1. Direct contracting is a process where a contractor is appointed to perform a package of a project or procurement cost estimate which:

a) has urgent or emergency requirements to serve the performance of national defense and security, external affairs or national sovereignty protection tasks; prevent or handle consequences of force majeure events, or protect property, health and lives of people; or serve epidemic and disease prevention and control;

b) has requirements regarding protection of state secrets;

c) belongs to a special public investment project; an emergency public investment project; or a project of national significance for which the direct contracting method is applied with an approval given under a National Assembly’s resolution issued when deciding the project’s investment policies;  

d) has specific professional, operational and/or technical requirements or conditions; has specific requirements or conditions regarding research, testing, copyright, patent, warranty, or needs to ensure compatibility in terms of technology, copyright, planning;

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e) falls within the limit for application of direct contracting method under the Government’s regulations;

g) falls in the cases of direct contracting as prescribed in specialized sector/industry law;

h) belongs to special strategic fields, projects, tasks on scientific research, technology, innovation, digital transformation; or

i) requires acceleration in execution progress, ensured quality and efficiency.

2. The Government shall elaborate this Article.”.

15. Article 24 is amended as follows:

“Article 24. Shopping

1. The shopping method applies to one of the following packages whose price falls within the limit prescribed by the Government:

a) The procurement of common and uncomplicated non-consulting services;

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c) Simple construction packages for which approved building drawing designs are available;

d) PC packages of which construction tasks meet the requirements laid down in point c of this clause.

2. For the packages applying the shopping method, the inclusion of criteria for evaluation of capacity and experience of bidders in the bidding documents is optional.”.

16. Clause 1 Article 29 is amended as follows:

”1. Contractor selection in special circumstances shall apply to the packages of projects or procurement cost estimates that have one or some specific conditions regarding contractor selection criteria and procedures, contract signing and execution conditions, specific requirements regarding science, technology, innovation and digital transformation, or strict requirements regarding national defense and security, external affairs, border and territorial security, national interests, performance of national political tasks which cannot be satisfied if such packages are executed adopting any of the contractor selection methods specified in Articles 21, 22, 23, 24, 25, 26, 27, 28 and 29a of this Law.”.

17. Article 29a and Article 29b are added following Article 29 of Section 1 as follows:

 “Article 29a. Order placement

1. Order placement means a method whereby an organization, enterprise or individual is directly assigned to provide the following goods/services:

a) Public utilities, public services;

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c) Products/goods from findings of special science, technology and innovation tasks as prescribed by the law on science, technology and innovation;

d) Goods/services which are ordered in accordance with regulations of the relevant specialized sector/industry law.

Where goods/services are ordered in accordance with regulations of the relevant specialized sector/industry law, the order placement procedures shall be carried out in accordance with regulations of such relevant specialized sector/industry law; if the specialized sector/industry law does not provide for such order placement procedures, the bidding law shall apply.

2. The Government shall elaborate this Article.

Article 29b. Rules for applying contractor selection methods

1. Employers shall consider applying one of the contractor selection methods specified in clause 1 Article 20 of this Law in the corresponding cases and upon their satisfaction of the relevant conditions set out in Articles 21, 22, 23, 24, 25, 26, 27, 28, 29 and 29a of this Law.

2. If the employer decides not to apply any of the contractor selection methods specified in point a and point c clause 1 Article 20 of this Law to which its package is eligible, the employer may apply one of the methods specified in point b clause 1 Article 20 of this Law without satisfying the corresponding conditions for applying such method.

3. The Government shall elaborate this Article.”.

18. Point a clause 1 Article 30 is amended as follows:

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19. Some points and clauses of Article 31 are amended as follows:

a) Point c is added following point b clause 1 Article 31 as follows:

“c) Competitive bidding or limited bidding for a package for purchase of drugs, medical supplies or medical devices.”;

b) Clause 1a is added following clause 1 Article 31 as follows:

 “1a. In case the employer organizes competitive bidding for a package requiring the use of technologies or products included in the List of prioritized high technologies, the List of recommended hi-tech products or the List of strategic technologies and their products as prescribed by the law on science, technology and innovation, the law on high technology, the procedure prescribed in this Article may be adopted.“.

20. Clause 2a is added following clause 2 Article 34 as follows:

  “2a. Investor appointment:

a) The investor appointment method is applied to the following investment projects: a project which is proposed by the investor that has the ownership or right to use strategic technologies; a project which should be executed by the investor that has taken charge of construction of digital infrastructure/digital platform so as to ensure technical connection, compatibility and synchronization; investment projects which require acceleration in execution progress, are meant to promote socio-economic development and/or protect national interests as proposed by investors in accordance with the Government’s regulations;

b) Competent authorities shall decide to apply the investor appointment method to the projects prescribed in point a of this clause.”.

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 “Article 34a. Investor selection in special circumstances

1. Investor selection in special circumstances shall apply to investment projects that have one of the following requirements:

a) The project has specific requirements regarding national defense and security, external affairs, border and territorial security, national interests, performance of national political tasks;

b) There are specific requirements regarding order placement or assignment of tasks to execute projects in strategic fields, key or nationally significant development investment projects in the field of science, technology and innovation;

c) The project has specific requirements regarding investment procedures, investor selection procedures, procedures for land allocation or land lease or allocation of sea areas or other specific requirements which cannot be satisfied if the project is executed adopting one of the investor selection methods specified in clauses 1, 2 and 2a Article 34 of this Law.

2. Competent authorities shall decide the investor selection in special circumstances as prescribed in clause 1 of this Article.

3. The Government shall elaborate this Article.”.

22. Some clauses of Article 40 are amended and abrogated as follows:

a) Point c clause 1 is amended as follows:

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b) Clause 2 is amended as follows:

“2. Power to approve the contractor selection plan:

Employers shall organize preparation and approval of contractor selection plans.  Regarding a package for which the bidding is conducted in advance as prescribed in Article 42 of this Law or which needs to be executed before the project approval decision is issued, if the employer is not yet identified, the head of the unit tasked with preparing the project shall take charge of organizing preparation and approval of the contractor selection plan”;

c) Clause 3 is abrogated.

23. Some clauses of Article 41 are amended and abrogated as follows:

a) Point c clause 1 is amended as follows:

“c) Tasks included in the contractor selection plan, including tasks and corresponding values constituting the packages to which one of the contractor selection methods specified in Articles 21, 22, 23, 24, 25, 26, 27, 28, 29 and 29a of this Law is applied;”;

b) Clause 2 is amended as follows:

“2. The contractor selection plan must be approved according to provisions on approving power in clause 2 Article 40 of this Law.”;

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24. Some points of clause 3 Article 42 are amended as follows:

a) Point a is amended as follows:

“a) Preparation and submission of the contractor selection plan for approval;”;

b) Point c is amended as follows:

“c) Preparation, appraisal (if any) and approval of bidding documents;”.

25. Article 43 is amended as follows:

“Article 43. Contractor selection process

1. The contractor selection process includes one or some of the following tasks:

a) Preparation for contractor selection;

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c) Evaluation of bids or proposals;

d) Contract negotiation, negotiation on the bidder’s proposals;

dd) Submission, appraisal, approval and disclosure of contractor selection result, provision of explanations for bidders as to why they were not successful (if any);

e) Completion, signing and management of execution of contract.

During the negotiation and completion of a contract in case of direct contracting, the employer and the bidder shall also negotiate about the price in a manner ensuring that the proposed successful bid price is cost-saving and efficient.

2. The Government shall elaborate this Article.”.

26. Article 44 is amended as follows:

“Article 44. Bidding documents used for investor selection

1. Bidding documents include requirements for executing the package in terms of instructions to bidders, evaluation criteria, draft contract and other contents.

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3. Bidding documents shall not impose any conditions that result in limitation on the participation of a bidder or give advantage for one or some bidders resulting in unfair competition.

4. The Government shall elaborate this Article.”.

27. Article 45 is amended as follows:

“Article 45. Contractor selection duration

1. The contractor selection duration shall be subject to the following provisions:

a) The period for preparing EOIs, prequalification applications or bids is counted from the first date on which the full set of EOI request, prequalification documents or bidding documents is issued to the date containing the bid closing time;

b) The amendment of EOI request, prequalification documents or bidding documents must be made before the date containing the bid closing time;

c) EOI request, prequalification document and bidding documents shall be issued at the same time as the invitation for EOIs, invitation for prequalification applications and invitation for bid respectively.

2. The period for performing the tasks other than those specified in clause 1 of this Article shall be decided by the employer in a manner that ensures the project or package execution schedule.

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28. Clause 2 Article 48 is amended as follows:

“2. Bidding documents shall not impose any conditions that result in limitation on the participation of an investor or give advantage for one or some investors resulting in unfair competition.”.

29. Clause 2 Article 50 is amended as follows:

a) Point b is amended as follows:

“b) Preparation, appraisal (if any) and approval of prequalification documents, EOI request, bidding documents or RFP;”;

b) Point dd is amended as follows:

“dd) Evaluation of prequalification applications, EOIs, bids or proposals, invitation for contract negotiation, appraisal (if any) and approval of contractor selection result;”.

30. Some clauses of Article 53 are amended as follows:

a) Clause 3 is amended as follows:

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b) Clause 7 is amended as follows:

“7. The Government shall elaborate this Article and provide regulations on the aggregation of centralized procurement demands of private health facilities and health facilities that are public service units self-covering both recurrent and investment expenses or public service units self-covering recurrent expenses.”.

31. Clause 3 Article 55 is amended as follows:

“3. In case private health facilities and health facilities that are public service units self-covering both recurrent and investment expenses or public service units self-covering recurrent expenses do not apply the provisions of this Law to their procurement of drugs, chemicals, test equipment and medical devices, reimbursement of costs from the health insurance fund shall be carried out in accordance with the Government’s regulations.”.

32. Article 57 is amended as follows:

“Article 57. Provision of public products and services

In addition to the contractor selection methods prescribed in Chapter II of this Law, the selection of contractors supplying public products/services and other goods/services may also be conducted in the form of task assignment according to the Government's regulations.”.

33. Some points and clauses of Article 58 are amended as follows:

a) Point a clause 3 is amended as follows:

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b) Clause 3a is added following clause 3 as follows:

 “3a. Technique-based method:

a) The technique-based method may apply to the packages which require the use of technologies or products included in the List of strategic technologies and their products as prescribed by the law on science, technology and innovation, and the law on high technology;

b) The bidder that has a bid meeting technical requirements and the highest technical score shall be ranked first, and invited to the opening of financial proposal as the basis for contract negotiation.”;

c) Clause 4 is amended as follows:

“4. Responsiveness to the capacity and experience requirements shall be evaluated on pass/fail basis. Responsiveness to the technical requirements shall be evaluated on either scoring or pass/fail basis. Where the combined technique and price-based method prescribed in clause 3 or the technique-based method prescribed in clause 3a of this Article applies, technical criteria shall be evaluated on the basis of a scoring system.  When the evaluation is based on a scoring system, the minimum technical qualifying score shall be at least 70% of total technical score.”.

34. Point dd and point e clause 1 Article 61 are amended as follows:

“dd) has the lowest bid price after error correction and deviation adjustment (if any), and deducting the value of discounts (if any), if the least-cost method applies; or has the lowest evaluated price, if the evaluated-price method applies; or has the highest combined score, if the combined technique and price-based method applies; or has the highest technical score, if the technique-based method applies;

e) has a proposed successful bid price not exceeding the approved package price. For a construction package, if the bid price quoted by a bidder is unusually lower than the package price, the employer shall request the bidder to provide explanation and clarification of the feasibility and rationality of the quoted bid price as the basis for evaluation of the responsiveness or rejection of the bid according to the Government's regulations.”.

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a) Point a is amended, and point a1 is added following point a clause 2 as follow: 

 “a) Criteria for evaluation of the investor’s capacity, including: the equity arrangement capacity, except the case specified in point a1 of this clause; capacity to raise borrowed capital, and other lawful funding sources.

In the case of a consortium, the investor’s capacity shall be determined by the aggregate capacity of the consortium members; any investor as the lead member of the consortium must make a capital contribution equaling at least 30% of the consortium’s equity while each member of the consortium must make a capital contribution equaling at least 15% of the consortium’s equity;

a1) The following investors are not required to demonstrate their equity arrangement capacity: science and technology enterprises, startup companies, innovation centers, startup support organizations as prescribed by law on science, technology and innovation; hi-tech incubators, hi-tech enterprise incubators, hi-tech enterprises, enterprises established from an investment projects on manufacturing of hi-tech products as prescribed by the law on high technology;”;

b) Clauses 4a, 4b and 4c are added following clause 4 as follows:

 “4a. In case of international investor selection, any foreign investors making commitment to transfer technologies to domestic investors or partners shall be given incentives during evaluation of their bids.

4b. Regarding an investor-proposed investment project applying the investor appointment method, the investor’s proposal shall be evaluated adopting the pass/fail method on the basis of evaluation criteria set out in points a and c clause 2 of this Article.

4c. Upon completion of the bid evaluation, if there are at least two investors achieving the same combined score which is also the highest score, the investor having experience in executing similar projects shall be prioritized.

The investor that is an organization or enterprise specified in point a1 clause 2 of this Article may declare projects/works which it has directly executed and to which technologies have been successfully applied to prove its experience in executing similar projects.”.

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“c) The bidder to be contracted for executing a package whose price falls within the limit for application of direct contracting method.”.

37. Clause 4 Article 70 is amended as follows:

“4. The employer shall consider deciding any modification to the contract resulting in changes in the contract execution schedule or an increase in the approved package price (including contingencies) provided that the project execution duration or the total investment or total funding in the procurement cost estimate will not be exceeded. However, any increase in price shall not make the contract price exceed the total investment or total funding in the procurement cost estimate. In case a project or procurement cost estimate comprises multiple packages, any increase in price shall not make the sum of contract prices exceed the total investment or total funding in the procurement cost estimate.”.

38. Some points and clauses of Article 78 are amended as follows:

a) Point a clause 1 is amended as follows:

“a) The contractor selection plan;”;

b) Clauses 1a and 1b are added following clause 1 as follows:

 “1a. Respond to requests for clarification of EOI request, prequalification documents, bidding documents or RFP.

1b. Request bidders to provide clarifications to their EOIs, prequalification applications, bids or proposals during evaluation process.”;

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“2. Organize the appraisal of the contents specified in points b, c and d clause 1 of this Article (if any).”;

d) Clause 4 is amended as follows:

“4. Decide to establish the expert team meeting the requirements laid down in Article 19 of this Law in case no consultant is employed during preparation of EOI request, prequalification documents, bidding documents, or RFP; evaluation of EOIs, prequalification applications, bids, or proposals.”;

dd) Clause 12 is amended as follows:

“12. Assume responsibility before the law and the competent person for the following contents:

a) Approval of the contractor selection plan;

b) Preparation for and organization of contractor selection; conclusion and management of performance of contract;

c) Execution progress, quality and efficiency of the package.”;

c) Clause 13 is amended as follows:

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g) Clause 13a is added following clause 13 as follows:

 “13a. Consider giving approval or refusing to give approval of the main contractor’s request for transfer of volume or scope of tasks undertaken by a specific subcontractor to another organization or unit to meet the required execution progress and quality of the package.”.

39. Some points and clauses of Article 79 are amended and abrogated as follows:

a) Clause 1 is abrogated;

b) The first paragraph of clause 2 is amended as follows:

“2. In case of investor selection, the procuring entity shall discharge the following responsibilities:”;

c) Point k1 is added following point k clause 2 as follows:

“k1) Publish information on VNEPS; provide relevant information and documents and explanations about the fulfillment of responsibilities specified in this clause at the request of the competent person, inspecting/examining authorities and bidding authorities;”.

40. Some points and clauses of Article 80 are amended as follows:

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 “1a. Be honest and objective in performing tasks.";

b) Clause 2a is added following clause 2 as follows:

 “2a. Submit prequalification documents, EOI request, RFP, bidding documents, shortlist and contractor selection result for approval.”.

41. Clause 4a is added following clause 4 Article 82 as follows:

 “4a. Manage and control volume and scope of tasks of the package undertaken by subcontractors; submit to the employer report on any transfer of volume of tasks of subcontractors to other organizations or units to meet the required execution progress and quality of the package.”.

42. Point dd clause 2 Article 84 is amended as follows:

“dd) Carry out examination and supervision of bidding activities;”.

43. Some points and clauses of Article 86 are amended as follows:

a) Point b clause 2 is amended as follows:

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b) Point c clause 3 is amended as follows:

“c) Bidding authorities affiliated to Ministries, central-government regulatory authorities and local governments shall carry out regular supervision of bidding activities in respect of packages of projects, investment projects or procurement cost estimates in administrative divisions or sectors under their management, and the activities specified in point d clause 7 Article 3 of this Law;”;

c) Point dd clause 3 is amended as follows:

 “dd) Supervision of bidding activities covers one or some of the following contents: prequalification documents, EOI request, bidding documents, RFP; evaluation of prequalification applications, EOIs, bids, proposals, applications for project execution; contractor/investor selection process; application of contractor/investor selection method; packages/projects applying the direct contracting/investor appointment method and contractor/investor selection in special circumstances; performance of bidding tasks by employers/procuring entities; satisfaction of requirements regarding the execution schedule, quality, and results of the packages/investment projects by contractors/investors;”.

44. Some clauses of Article 89 are amended as follows:

a) Clause 1 is amended as follows:

“1. If there are grounds for presuming that their legitimate rights and interests are affected, bidders, investors, authorities and organizations are entitled to submit petitions to competent persons, employers or procuring entities for review or consideration of issues concerning the contractor/investor selection process and/or results.”;

b) Clauses 4 and 5 are added following clause 3 as follows:

“4. Petitions for review of contractor/investor selection results shall be settled by employers, procuring entities or councils in charge of petition settlement.

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45. Clause 2 Article 21; clause 9 Article 39; point b clause 2 Article 76; clause 2 and clause 3, the letter “d,” in clause 5, the phrase “2, 3,” in clause 8 Article 77; Articles 90, 91, 92 and 93 are abrogated.

46. The phrase “, bên mời thầu” (“,procuring entity”) in point b clause 4 and clause 4a Article 6; point c clause 1 Article 15; point a clause 3 Article 32; point a clause 3 Article 33; point b clause 1 Article 55; point b clause 8 Article 77 is abrogated.

47. The phrase “, hồ sơ yêu cầu” (“, RFP”) in point a clause 2 Article 6 is abrogated.

48. The phrase “, người đứng đầu doanh nghiệp nhà nước, doanh nghiệp do doanh nghiệp nhà nước nắm giữ 100% vốn điều lệ” (“, heads of state-owned enterprises and wholly state-owned enterprises”) in point c clause 2 Article 53; and the phrase “, doanh nghiệp” (“, enterprises”) in clause 4 Article 53 are abrogated.

49. The phrases “người có thẩm quyền,” (“competent person,”), “kế hoạch tổng thể lựa chọn nhà thầu, kế hoạch lựa chọn nhà thầu;” (“contractor selection master plan, contractor selection plan;") in clause 2 Article 19 are abrogated.

50. The phrase “bên mời thầu” (“procuring entity”) is replaced with the phrase “chủ đầu tư” (“employer”) in clauses 19, 20 and 22 Article 4; point b clause 1 Article 8; point dd clause 9 Article 14.

51. The phrase “bên mời thầu” (“procuring entity”) is replaced with the phrase “chủ đầu tư, bên mời thầu” (“employer, procuring entity”) in clause 21 and clause 23 Article 4; clause 3 Article 9; clause 6 and clause 8 Article 14; point c clause 3 and point b clause 7 Article 16; clause 5 Article 51; clause 2 Article 80; clause 1 Article 82.

52. The phrase “bên mời thầu” (“procuring entity”) is replaced with the phrase “bên mời thầu, tổ chuyên gia” (“procuring entity, expert team”) in clause 2 Article 81.

53. The phrase “Bộ Kế hoạch và Đầu tư” (“Ministry of Planning and Investment of Vietnam”) is replaced with the phrase “Bộ Tài chính” (“Ministry of Finance of Vietnam”) in clause 2 Article 84, point c clause 3 and clause 4 Article 87.

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1. Some clauses of Article 3 are amended as follows:

a) Clauses 1 and 2 are amended as follows:

“1. Pre-feasibility study report or investment policy proposal report means a document describing the subject matters of a preliminary study, including necessity, feasibility and effectiveness of an investment project in the public-private partnership form (hereinafter referred to as “PPP project”), as a basis for competent authorities’ issuance of investment policy decisions.

2. Feasibility study report or construction investment technical-economic report means a document describing subject matters of the study related to the necessity, feasibility and effectiveness of a PPP project as a basis for competent authorities’ approval of that project.”;

b) Clause 8 is amended as follows:

“8. PPP project enterprise means an enterprise established by an investor to serve the purpose of concluding and executing PPP project contracts.”.

2. Some points and clauses of Article 4 are amended as follows:

a) Clause 1 is amended as follows:

“1. PPP investment projects shall be executed in public investment sectors or industries for the purposes of making investment in and construction of infrastructure works or systems, and providing public services.”;

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“e) PPP projects which are not subject to investment policy decision requirement as prescribed in clauses 3, 4 and 5 Article 11 of this Law.”.

3. Some points and clauses of Article 5 are amended as follows:

a) Point b clause 2 is amended as follows:

“b) Agencies or units assigned by competent authorities to sign contracts as provided in clause 4 of this Article.”;

b) Clauses 3 and 4 are amended, and clause 5 is added following clause 4 as follows:

“3. Determination of competent authorities in cases where a project falls under the management of multiple competent authorities prescribed in clause 1 of this Article or in case of change of competent authorities shall be carried out in accordance with the Government's regulations.

4. Competent authorities may assign their directly controlled agencies or units to act as authorities signing contracts to execute PPP projects within their competence.

5. The Government shall elaborate this Article.”.

4. Point a and point b clause 1 Article 9 are amended as follows:

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b) Information about investor selection, including invitation to bid, investor selection results;”.

5. Some points and clauses of Article 10 are amended as follows:

a) Clause 2 is amended as follows:

“2. Approving PPP projects in the absence of investment policies; not conforming to investment policies; ultra vires or in breach of legally required processes and procedures prescribed in this Law, except PPP projects which are not subject to investment policy decision requirement.”;

b) Point b clause 4 is amended as follows:

“b) Get involved in preparing and concurrently appraising bidding documents, get involved in evaluating bids and concurrently appraising investor selection result for the same project;”;

c) Point a and point b clause 5 are amended as follows:

“a) Contents of bidding documents before the time of issuance thereof as prescribed, except for cases where projects are subject to the requirement concerning market surveys and prior consultation with investors for preparation of such bidding documents;

b) Contents of bids, reports of the procuring entities, reports of expert teams, appraisal reports, reports of consulting contractors or reports of relevant specialized agencies made in the investor selection process, investor selection results before they are disclosed according to regulations;”.

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“Article 11. PPP project process

1. For PPP projects falling under the authority to issue investment policy decisions of the National Assembly or the Prime Minister, the PPP project process shall be prescribed as follows:

a) Preparing, appraising and submitting the pre-feasibility study report to the National Assembly or the Prime Minister to seek their investment policy decision;

b) Preparing, appraising feasibility study report, approving the project;

c) Carrying out investor selection; concluding and executing the project contract.

2. Unless otherwise provided in clauses 1, 3, 4 and 5 of this Article, the PPP project process shall be prescribed as follows:

a) Preparing, appraising the investment policy proposal report, making investment policy decision;

b) Preparing, appraising feasibility study report or construction investment economic-technical report for the PPP project for which the construction investment economic-technical report is compulsory; approving the project;

c) Carrying out investor selection; concluding and executing the PPP project contract.

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a) PPP projects which are not funded by the State capital as prescribed in Articles 70, 71 and 72 of this Law (hereinafter referred to as “non-state-funded PPP project”);

b) PPP projects on science, technology and innovation as prescribed by the law on science, technology and innovation (hereinafter referred to as “science and technology PPP project”);

c) PPP projects using high technologies as prescribed by the law on high technology, or using new technologies as prescribed by the law on technology transfer;

d) PPP projects using O&M contracts;

dd) Projects applying BT contracts for which payment is made using unoccupied land areas.

In case the procedures for making investment policy decision for the projects prescribed in this clause must be carried out as the basis for following relevant procedures as prescribed by the land law, law on forestry and relevant laws, the PPP project process specified in clause 2 of this Article shall apply.

4. Regarding a PPP project which is proposed by an investor without using state capital or proposed by an investor that has the ownership or right to use technologies included in the List of strategic technologies and their products as prescribed by the law on science, technology and innovation, the law on high technology, and falls in the case of investor appointment as prescribed in clause 1 Article 39 of this Law, except those projects prescribed in clause 1 of this Article, the PPP project process shall be prescribed as follows:

a) The investor makes feasibility study report which is accompanied with the capacity profile and draft contract;

b) The competent authority organizes appraisal of feasibility study report, and approves the project and the investor appointment result;

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5. For a PPP project using BT contract without payment requirements, PPP project process shall be subject to the following provisions:

a) The investor proposes the project and makes feasibility study report which is accompanied with the draft contract;

b) The competent authority organizes appraisal of feasibility study report, and approval of the project and the draft contract;

c) Concluding and executing the project contract; organizing supervision of construction and execution of the works, and carrying out test acceptance of finished works in accordance with the same regulations of law on construction as those applied to public investment projects.

The projects specified in this clause shall not be subject to provisions on investor selection in Chapter III and provisions on implementation of project contracts in Articles 53, 54, 58, 59, 61, 62, 63, 64, 65 and 66 of this Law.

6. In case where a PPP project has a construction work requiring an architectural proposal test, the test may be considered and approved under an investment policy decision prescribed in clause 1 or clause 2 of this Article. Regarding a project which is not subject to investment policy decision requirement, the competent authority shall organize the architectural proposal test during the preparation of the feasibility study report for the PPP project. The architectural proposal test must comply with provisions of law on architecture.

7. Public investment projects under public investment plans which are considered to be converted into PPP projects shall, depending on the importance, scale and nature of each project, comply with the processes specified in clauses 1, 2, 3, 4 and 5 of this Article.

8. The Government shall elaborate this Article.”.

7. Article 12 is amended as follows:

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1. The National Assembly shall be vested with authority to issue decisions on investment policies for PPP projects which are classified as projects of national significance according to the criteria set out in the law on public investment, except nuclear power plant projects.

2. The Prime Minister shall be vested with authority to issue decisions on investment policies for nuclear power plant projects.

3. Except for the projects specified in clauses 1 and 2 of this Article, Ministers, heads of central authorities and other agencies shall be vested with authority to issue decisions on investment policies for the following PPP projects:  

a) State-funded projects falling under the management of Ministries, central authorities or other agencies;

b) Projects applying BT contracts for which payment is made using state budget-derived funding, and which fall under the management of Ministries, central authorities or other agencies.

4. Except for the projects specified in clauses 1, 2 and 3 of this Article, provincial-level People’s Councils shall be vested with authority to issue decisions on investment policies for the following PPP projects:

a) Group-A projects, as prescribed by the Law on public investment, which are funded by the State and fall under the management of local governments;

b) The projects which are specified in clause 3 Article 5 of this Law, managed by competent authorities that are local governments as assigned, classified as group-A projects as prescribed by the Law on public investment, and funded by the State;

c) The projects applying BT contracts for which payment is made using state budget-derived funding, which have total investment equivalent to that of group-A projects as prescribed by the Law on public investment, and in which investors are paid using public investment capital.

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a) The projects which fall under the management of local governments, have total investment equivalent to that of group-B or group-C projects as prescribed by the Law on public investment, and are funded by the State;

b) The projects which are specified in clause 3 Article 5 of this Law, managed by competent authorities that are local governments as assigned, and have total investment equivalent to that of group B or C projects as prescribed by the Law on public investment, and are funded by the State;

c) The projects applying BT contracts for which payment is made using state budget revenues earned from the auction of land use rights or public property pieces which fall under the management of local governments;

d) The projects applying BT contracts for which payment is made using state budget-derived funding, which have total investment equivalent to that of group-B or group-C projects as prescribed by the Law on public investment, and in which investors are paid using public investment capital.

6. In case of adjustment of policies for investment in PPP projects, authority to make decisions on adjustment of policies for investment in PPP projects shall comply with regulations laid down in clause 2 of Article 18 of this Law.”.

8. Article 13 is amended as follows:

“Article 13. Procedures for making decisions on investment policies for PPP projects

1. Procedures for issuing decisions on investment policies for PPP projects falling under the National Assembly’s jurisdiction shall comply with the following regulations:

a) PPP project preparation unit prepares a pre-feasibility study report as a basis for the relevant competent authority to submit it to the Government;

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c) The Government prepares complete documentation submitted to the National Assembly for its consideration and decision;

d) The National Assembly’s affiliate verifies and reviews the documentation submitted by the Government;

dd) The National Assembly considers ratifying a resolution regarding investment policies for the project with the following contents: objectives; proposed scale, location; project execution duration; demands for land and other resources (if any); proposed type of PPP project contract; preliminarily estimated total investment; preliminary financial plan; structure of funds invested in the project; expected price bracket; prices of public products and services with respect to projects applying the user-pays principle; mechanism for guarantee of investment and distribution of revenue reductions (if any); competent authority’s name.

2. The Government shall provide for the procedures for issuing decisions on investment policies for PPP projects falling under the jurisdiction of the Prime Minister, Ministers, heads of central authorities, other agencies, provincial-level People’s Councils or provincial-level People’s Committees.".

9. Point b clause 1 Article 14 is amended as follows:

“b) Conformity with the sectors or industries specified in clause 1 Article 4 of this Law; availability of opinions given by the Ministry of National Defence of Vietnam, the Ministry of Public Security of Vietnam, in respect of projects in national defense, security and social order and safety sectors or industries;”.

10. Clause 3 Article 18 is amended as follows:

“3. Procedures for modification of investment policies for PPP projects are subject to the Government’s regulations.”.

11. Article 21 is amended as follows:

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1. Ministers, heads of central authorities or other agencies or persons having delegated competence as prescribed in clause 3 of this Article shall be vested with authority to approve PPP projects falling under their management, including:

a) Projects prescribed in clauses 1, 2 and 3 Article 12 of this Law;

b) Non-state-funded projects, except those projects subject to investment policy decisions issued by the National Assembly;

c) Projects applying O&M contract; projects applying BT contract for which payment is made using unoccupied land areas; projects applying BT contract without payment requirements;

d) Science and technology PPP projects, projects using high technologies as prescribed by the law on high technology, or using new technologies as prescribed by the law on technology transfer.

2. Chairpersons of provincial-level People’s Committees or persons having delegated competence as prescribed in clause 3 of this Article shall be vested with authority to approve the following PPP projects:

a) Projects prescribed in clauses 1, 2, 4 and 5 Article 12 of this Law;

b) Projects prescribed in points b, c and d clause 1 of this Article and falling under the management of local governments.

3. The Government shall elaborate this Article.”.

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”3. Authority to approve modification of PPP projects shall comply with provisions of Article 21 of this Law. Procedures for modification of PPP projects are subject to the Government’s regulations.”.

13. Article 26 is amended as follows:

“Article 26. Requirements, procedures for preparation of investor-proposed PPP projects

1. An investor-proposed PPP project must meet the following requirements:

a) Conforming to eligibility requirements of a project for PPP investment specified at points a, b, c and d clause 1 of Article 14 of this Law;

b) Ensuring that a PPP project is not duplicated with other PPP projects for which competent authorities have prepared pre-feasibility study reports or approved of other investors preparing pre-feasibility study reports;

c) Conforming to relevant socio-economic development plans and plannings in accordance with regulations of law on planning that have already obtained decisions or approval from competent authorities.

2. The Government shall provide detailed regulations on procedures for preparation of investor-proposed PPP projects.”.

14. Clause 3 Article 28 is amended as follows:

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15. Clause 3 Article 30 is amended as follows:

“3. The consultant on preparation and appraisal of bidding documents; evaluation, appraisal of investor selection result;”.

16. Article 31 is amended as follows:

“Article 31. Domestic and international investor selection

1. The domestic investor selection shall be made in the forms prescribed in Articles 37, 38, 39 and 40 of this Law. Only investors established under Vietnamese law (hereinafter referred to as “domestic investors”) may participate in this selection process.

2. The international investor selection shall be made in the forms prescribed in Articles 37, 38, 39 and 40 of this Law. Both investors established under the law of foreign countries (hereinafter referred to as “foreign investors”) and domestic investors may participate in this selection process.

3. The process of international investor selection may be applied to all PPP projects, except:

a) Projects in the industries and trades from which foreign investors are prohibited in accordance with the law on investment;

b) Projects which must be executed adopting domestic bidding because of their national defense, security and state secret protection requirements;

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d) Projects which are other than those specified in points a, b and c of this clause and in which there is no foreign investor is interested after all surveys have been properly carried out.

4. Regarding projects to be executed in land areas with restricted access or sea areas with restricted access as prescribed in the land law and relevant laws, competent authorities shall decide to organize whether international investor selection or domestic investor selection on the basis of opinions given by the Ministry of National Defence of Vietnam, the Ministry of Public Security of Vietnam, the Ministry of Foreign Affairs of Vietnam.”.  

17. Points a, b and c clause 1 Article 34 are amended as follows:

“a) All bids are considered substantially nonresponsive to the bidding documents;

b) Objectives and scale mentioned in the bidding documents are changed;

c) The bidding documents fail to comply with regulations laid down in this Law or other relevant laws to the extent that the selected investor fails to meet the requirements for project implementation;”.

18. Point b clause 2 Article 36 is amended as follows:

“b) Such decisions must be made based on the investment policy decision (if any); the project approval decision; the bidding documents; bids; investor selection results; the contract that has been signed with the selected investor; actual situation of project implementation.”.

19. Some points and clauses of Article 39 are amended as follows:

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“c) Projects are proposed by investors that have the ownership or rights to use strategic technologies;

d) A project should be executed by the investor that has taken charge of construction of digital infrastructure/digital platform so as to ensure technical connection, compatibility and synchronization;

dd) Projects require acceleration in execution progress, are meant to promote socio-economic development and/or protect national interests, are proposed by investors and approved by competent authorities.”;

b) Clause 2 is amended as follows:

“2. Regarding the projects specified in clause 1 of this Article, authorities having competence in granting approval of projects shall decide the appointment of investors executing such projects.

Before deciding the appointment of investors executing the projects specified in point a clause 1 of this Article, competent authorities are required to get written opinions from the Ministry of National Defence of Vietnam, Ministry of Public Security of Vietnam about national defense, security and state secret protection requirements.”;

c) Clause 3 is added following clause 2 as follows:

“3. The Government shall elaborate this Article.”.

20. Article 40 is amended as follows:

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1. Investor selection in special circumstances shall apply to PPP projects that have one of the following requirements:

a) The project has specific requirements regarding protection of national interests, performance of national political tasks;

b) There are specific requirements regarding order placement or assignment of tasks to execute projects in strategic fields, key or nationally significant development investment projects in the field of science, technology and innovation;

c) The project has specific requirements regarding investment procedures, investor selection procedures, or other specific requirements which cannot be satisfied if the project is executed adopting the investor selection methods specified in Articles 37, 38 and 39 of this Law.

2. Competent authorities shall decide the investor selection in special circumstances as prescribed in this clause.

3. The Government shall elaborate this Article.”.

21. Some clauses of Article 42 are amended as follows:

a) Clause 1 is amended as follows:

“1. The investor’s capacity shall be evaluated adopting the pass/fail method on the basis of evaluation criteria set out in the bidding documents, including:

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b) Capacity to raise borrowed capital, and other lawful funding sources.

In the case of a consortium, the investor’s capacity shall be determined by the aggregate capacity of the consortium members. Any investor acting as the lead member of the consortium must make a capital contribution equaling at least 30% of the consortium’s equity while each member of the consortium must make a capital contribution equaling at least 15% of the consortium’s equity.”;

b) Clause 1b is added following clause 1 as follows:

 “1a. The following investors are not required to demonstrate their equity arrangement capacity: science and technology enterprises, startup companies; innovation centers, startup support organizations as prescribed by law on science, technology and innovation; hi-tech incubators, hi-tech enterprise incubators, hi-tech enterprises, enterprises established from investment projects on manufacturing of hi-tech products as prescribed by the law on high technology.”;

c) Clauses 3a, 3b and 3c are added following clause 3 as follows:

 “3a. In case of science and technology PPP projects applying international investor selection, any foreign investors making commitment to transfer technologies to domestic investors or partners shall be given incentives during evaluation of their bids.

3b. Regarding an investor-proposed project applying the investor appointment method, the investor’s proposal shall be evaluated adopting the pass/fail method on the basis of capacity and financial-commercial criteria.

3c. Upon completion of the bid evaluation, if there are at least two investors whose financial-commercial proposals are equally evaluated, the investor having experience in executing similar projects shall be prioritized.

The investor that is an organization or enterprise specified in clause 1a of this Article may declare projects/works which it has directly executed and to which technologies have been successfully applied to prove its experience in executing similar projects.”.

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a) Clause 1 is amended as follows:

“1. After the decision to approve the investor selection results is issued, the investor shall establish a PPP project enterprise in a form of a limited liability company or a joint-stock company that is not a public company with the purposes of signing and implementing PPP project contract, except the case prescribed in clause 4 of this Article. The application for enterprise registration shall contain the details prescribed by the Law on Enterprises and the decision on approval of investor selection results.”.

b) Clauses 4 and 5 are added following clause 3 as follows:

“4. An investor is not required to establish a PPP project enterprise but must manage and record revenues and costs of the PPP project separately from those of the investor’s other business lines in the following cases:

a) The investor is a state-owned enterprise;

b) The project applies BT contract; it is a science and technology PPP project;

c) Total investment of the project is equivalent to that of group-B or group-C projects as prescribed by the Law on public investment.

5. A PPP project enterprise is entitled to engage in business lines other those falling within the scope of the PPP contract upon its satisfaction of the following requirements:

a) Engagement in such other business lines is approved by the lender;

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c) Engagement in such other business lines does not affect rights, obligations and responsibilities of investors, PPP project enterprise under the PPP project contract.”.

23. Point b clause 2a Article 45 is amended as follows:

“b) BT contract for which payment is made using state budget-derived public investment funding or state budget revenues which are earned from auction of land use rights or public property, and then recorded as state budget revenues and expenses.  The value of the BT project works includes total investment in construction works as determined according to regulations of the law on construction and other costs arising after the construction stage, including loan interests incurred after the construction stage and reasonable profits earned by the investor;”.

24. Article 47 is amended as follows:

“Article 47. PPP project contracts

1. A PPP project contract must specify rights and obligations of the contracting authority, the investor and the PPP project enterprise. In case the investor does not establish any PPP project enterprise, the PPP project contract must include the provision that the investor shall fully exercise and discharge rights, obligations and responsibilities of the PPP project enterprise as prescribed in this Law.

2. The Government shall elaborate this Article.”.

25. Some points and clauses of Article 51 are amended as follows:

a) Point a clause 3 is amended as follows:

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b) Points d and dd clause 3 are amended as follows:

“d) There is any change in planning, policies and relevant laws to the extent of a reduction in revenue compared with the revenue target in the financial plan specified in the contract by a percentage as agreed upon by the contracting parties according to clause 2 Article 82 of this Law;

dd) There is an increase in revenue compared with the revenue target in the financial plan specified in the contract by a percentage as agreed upon by the contracting parties according to clause 1 Article 82 of this Law.”;

c) Clause 4 is added following clause 3 as follows:

“4. Regarding an investor-proposed project applying the investor appointment or investor selection in special circumstances, the parties to the project contract shall annually provide updated information on the actual revenue of the project as the basis for making adjustment in the contract duration as prescribed in point d or point dd clause 3 of this Article.”.

26. Some points and clauses of Article 52 are amended as follows:

a) Point a clause 2 is amended as follows:

“a) If the project is affected by a force majeure event or any change in the relevant planning, policies or laws, despite all remedial actions taken by parties, the continued execution of the PPP project contract will not be ensured;”;

b) Point e is added following point dd clause 2 as follows:

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c) Point c is added following point b clause 2a as follows:

“c) The case prescribed in point e clause 2 of this Article where the investor and PPP project enterprise have fully implemented relevant procedures during their performance of scientific research and technological development activities as prescribed by the law on science, technology and innovation, and the reduced revenue has been duly audited by the State Audit Office.”;

d) Clause 6a is amended as follows:

 “6a. Use of public investment capital for paying compensation and costs associated with early termination shall be subject to the following provisions:

a) If the early termination occurs during the construction stage, the competent authority shall, pursuant to the decision issued by the competent authority defined in clause 2 Article 93, or clause 3 Article 94 of this Law, formulate a project using public investment capital, including costs of investment in and construction of the remaining part of works, and compensation and costs associated with early termination paid to the investor or project enterprise. Procedures for issuance of investment policy decision or decision on investment in the project prescribed in this point shall be followed in accordance with regulations of law on public investment.

Where the competent authority decides not to continue investment in and construction of the remaining infrastructure works or systems, the competent authority shall follow procedures for making payment to the investor or PPP project enterprise as prescribed in point b of this clause;

b) If the early termination occurs during the commercial operation stage, the competent authority shall, pursuant to the decision issued by the competent authority defined in clause 2 Article 93, or clause 3 Article 94 of this Law, submit a report requesting the above-mentioned competent authority to include capital in the medium-term and annual public investment plans or include the estimated costs in the central- or local-government budget plan in accordance with regulations of law on public investment and law on state budget. The tasks specified in this point shall be fulfilled following corresponding procedures for each funding source prescribed in the law on public investment and law on state budget.”.

27. Some clauses of Article 54 are amended as follows:

a) Clause 1 is amended as follows:

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b) The first paragraph of clause 3 is amended as follows:

“3. The transfer stipulated in clause 1 of this Article must satisfy the following requirements:”;

c) Clause 5 is amended as follows:

“5. In case where the transfer specified in clause 1 of this Article changes the contents of enterprise registration, the PPP project enterprise must comply with relevant provisions of the enterprise law.”.

28. Clause 2 Article 60 is amended as follows:

“2. After completion of the infrastructure work or system, the contracting authority and the PPP project enterprise shall carry out the settlement of public capital invested in construction of the infrastructure work or system. Regarding a PPP project for which the investor is selected applying the competitive bidding or competitive negotiation method, settlement value of capital invested in construction of the infrastructure work or system or the settlement value of capital invested in the project without construction components shall be determined on the basis of the signed contract. Regarding a PPP project for which the investor is selected applying the investor appointment or investor selection in special circumstances, the contract duration shall be adjusted according to the settlement value if this settlement value is lower than the contract value.".

29. Point c clause 2a Article 69 is amended as follows:

“c) It's a science and technology PPP project; project receives transfer of high, new or advanced technology from a private investor and thus needs to use an amount of state capital higher than that prescribed in clause 2 of this Article for the purpose of ensuring feasibility of the project’s financial plan.”.

30. Some clauses of Article 82 are amended as follows:

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”1. When the actual revenue is 110% - 125% of the revenue target in the financial plan under a PPP project contract, the investor/the PPP project enterprise will share with the State 50% of the difference between the actual revenue and the revenue target in the financial plan. The competent authority shall determine the specific increased revenue sharing ratio during negotiation conducted with the investor/project enterprise. The increased revenue may be shared after adjustment in the prices and costs of public products and services or duration of the PPP project contract according to the provisions of Article 50, 51 and 65 of this Law and must be audited by the State Audit Office.

Regarding a science and technology PPP project, the investor/PPP project enterprise is not required to share the increase in its revenue earned in the first 03 years from the date of official commencement of operation and business;”.

b) Clause 2 is amended as follows:

”2. When the actual revenue is 75% - 90% of the revenue target in the financial plan under a PPP project contract, the State will share with the investor/the PPP project enterprise 50% of the difference between the revenue target in the financial plan and the actual revenue. The competent authority shall determine the specific reduced revenue sharing ratio during negotiation conducted with the investor/project enterprise. Sharing of reduced revenues may occur if the following requirements are satisfied:

a) Projects are developed and executed under BOT, BTO or BOO contracts;

b) Changes in relevant planning, policies and laws result in a reduction in revenue;

c) There is a financial plan which has been adjusted according to the highest prices/fees of public products/services in the relevant price/fee bracket or the duration of the PPP project contract has been adjusted to 50 years but the minimum revenue requirement has not been met yet;

d) The reduced revenue has been audited by the State Audit Office.”;

 “2a. If a science and technology PPP project generates an amount of actual revenue lower than the revenue target in the financial plan, within the first 03 years from the date of official commencement of operation and business, the sharing ratio may be 100% of the difference between the actual revenue and the revenue target in the financial plan. Sharing of reduced revenue as prescribed in this clause may be applied if the PPP project meets the corresponding requirements laid down in clause 2 of this Article.”;

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”3. The mechanism for sharing of the reduced revenue specified in clause 2 of this Article must be determined in the decision on project approval and conformable with the investment policy decision (if any). Based on actual situations of each sector or administrative division in terms of availability of each capital source and level of priority of tasks funded by state budget in each period, the project’s competent authority shall determine feasible capital sources used for compensating the reduced revenue, and submit a report thereon to the competent authority in accordance with corresponding regulations applicable to each capital source. Sources of capital to be used in the following order of priority:”;

dd) Point b clause 3 is amended as follows:

“b) The increase in revenue compared to the estimated revenue and/or unused amount of the estimated funding for expenditures of the central-government budget, the increase in revenue compared to the estimated revenue and/or unused amount of the estimated funding for development investment expenditures of local-government budget. Procedures for formulation and approval of the project funded by the increase in revenue compared to the estimated revenue and/or unused amount of estimated funding for expenditures of state budget of each level as prescribed in this point shall be followed in accordance with regulations of the law on public investment and the law on state budget;”;

e) Clause 3a is amended as follows:

 “3a. For projects falling under the authority to issue investment policy decisions/project approval decisions of the National Assembly, the Prime Minister, Ministers, heads of central authorities or other agencies, use of the central-government budget for compensating reduced revenues shall be prioritized. For projects falling under the authority to issue investment policy decisions/ project approval decisions of provincial-level People’s Councils or provincial-level People’s Committees, use of the local-government budget for compensating reduced revenues shall be prioritized. For a project executed in 02 provincial-level administrative divisions or more, the provincial-level People’s Committee that is assigned to act as the competent authority of the project shall determine and include the responsibility of each provincial-level government to compensate the reduced revenue in the project’s investment policy decision or project approval decision.”.

31. Article 84 is amended as follows:

“Article 84. Inspection of PPP investments

1. The inspection of PPP investments shall be aimed at competent authorities, contracting authorities, investors, PPP project enterprises and other authorities, organizations and individuals involved in PPP investment activities regulated under this Law.

2. Organization and operation of agencies in charge of inspection of PPP investment activities shall comply with provisions of the Law on inspection.”.

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a) Clause 1 is amended as follows:

“1. Undertake the preparation of pre-feasibility study reports, investment policy proposal reports, feasibility study reports for PPP projects; the investor selection; negotiation and conclusion of PPP project contracts according to their competence specified in this Law.”;

b) Clause 3 is amended as follows:

“3. Decide to terminate or suspend PPP project contracts for projects falling under their authority to sign contracts.”.

33. Article 99a is added following Article 99 as follows:

 “Article 99a. Settling issues concerning reduced revenues of BOT traffic projects with contracts signed before effective date of this Law

1. Regarding BOT road projects with contracts signed before January 01, 2021, the State shall share with investors/PPP project enterprises the difference between the revenue target in financial plan and the actual revenue at the specified ratio.

2. Sharing of reduced revenue as prescribed in clause 1 of this Article may be applied if the following requirements are met:

a) The project is affected by changes in plannings, policies and relevant laws of the State, and, after implementing adjustment measures as prescribed by law and making adjustments in road service fees and duration of the project contract, the actual revenue earned in the last 03 years is still less than 75% of the revenue target in the financial plan under the PPP project contract and the efficiency of the financial plan will not be ensured;

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c) The contracting authority has negotiated with the investor/project enterprise and the lender about the return on equity, rate of interests on borrowed capital, and debt repayment plan included in the financial plan. If the adjusted financial plan is considered unfeasible, the mechanism for sharing of reduced revenue specified in this Article will not apply;

d) The reduced revenue and amount thereof to be shared by the State have been duly audited by the State Audit Office.

3. Sharing of reduced revenue specified in clause 2 of this Article shall be applied once without following procedures for adjustment of the investment policy/project adjustment procedures. Ministers, Chairpersons of provincial-level People’s Committees shall decide to apply the mechanism for sharing of reduced revenue and specific sharing ratio to the projects to which they granted approval in accordance with the Government’s regulations and in a manner that ensures fairness, transparency, and no increase in road service fees and charging periods under the signed contract.

4. Funding sources used for compensating reduced revenues as prescribed in this Article shall comply with provisions of clause 3 Article 82 of this Law.

5. The Government shall elaborate this Article.”.

34. Clauses 7, 12 and 14 Article 3; Article 6; clause 2 and clause 3 Article 14; Article 15; Article 16; Article 17; clause 4 Article 18; Article 19; Article 20; Article 22; Article 23; clause 4 Article 24; Article 25; Article 27; clause 5 Article 29; clause 2 Article 37; Article 41; clause 4 Article 45; clause 2 and point b clause 4 Article 54; point b clause 2 Article 89; Article 90; Article 91 are abrogated. Article 96 is abrogated and the phrase “tại Điều 96 của Luật này” (“in Article 96 of this Law”) in clause 1 and clause 2 of Article 95 is replaced with the phrase “của Chính phủ” (“of the Government”).

Article 3. Amendments to Law on Customs

1. Article 42 is amended as follows:

“Article 42. Eligibility requirements for priorities

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a) It has strictly complied with regulations of the law on customs and the law on taxation for 02 consecutive years;

b) Its annual amount or volume of commodities exported/imported reaches the granted export/import quotas;

c) It follows e-customs procedures and e-taxation procedures; has its software or information technology system used for managing import/export activities connected or shared with customs authorities;

d) Payments are made via banks;

dd) Its internal control system is active;

e) It has strictly complied with regulations of law on accounting and audit.

2. Enterprises that have been announced by the Ministry of Science and Technology of Vietnam to be hi-tech enterprises; new enterprises established from investment projects on manufacturing of hi-tech products; enterprises executing strategic technology projects; enterprises executing projects on manufacturing of key digital technology products, projects on research and development, design, manufacturing, packaging and testing of microchips, projects on construction of AI data centers; enterprises executing projects on manufacturing of auxiliary products directly used in semiconductor industry are eligible for priorities upon their fulfillment of the requirements laid down in points c, d, dd and e clause 1 of this Article.

3. Enterprises eligible for priorities in countries or territories that have entered into mutual recognition agreements on enterprises granted priorities with Vietnam shall be eligible for priorities as prescribed in this Law.

4. The Government shall provide for eligibility requirements, procedures for recognition, extension, temporary suspension, termination, specific priorities, and management of enterprises eligible for priorities.”.

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“4. Enterprises prescribed in clause 2 Article 42 of this Law shall be eligible for priorities when following customs procedures for importing/exporting goods directly relating to the semiconductor industry, high technologies, strategic technologies or key digital technologies included in the relevant lists announced by the Ministry of Science and Technology of Vietnam.

HS codes of goods included in such lists mentioned in this clause must match those in Vietnam’s nomenclature of exports and imports.”.

3. Article 47a is added following Article 47 as follows:

 “Article 47a. Customs inspection and supervisions of in-country exports and imports

1. In-country imports/exports are goods delivered and received in Vietnam as designated by a foreign trader under a sales and purchase, processing, leasing or borrowing contract signed between a Vietnamese enterprise and that foreign trader.

2. In-country imports/exports are subject to customs procedures and customs inspection and supervision.

3. The Government shall elaborate this Article.”.

Article 4. Amendments to Law on Value-added Tax (VAT)

Point a clause 1 Article 9 is amended as follows:

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1. Clause 18 Article 16 is abrogated.

2. The number “18” is replaced with the phrase “các điểm b, c và d khoản 21” (“points b, c and d clause 21”) in clause 1 Article 17.

3. Clause 21 Article 16 is amended as follows:

“21. Goods imported to serve development of science, technology, innovation, digital technology industry, including:

a) Special-use machinery, equipment, spare parts, supplies, scientific materials, books and journals directly used for science, technology, innovation, digital technology industry;

b) Imports used for creating fixed assets of investment projects on development of science, technology, innovation, digital technology industry in accordance with regulations of law on investment, law on science, technology and innovation, and law on digital technology industry; investment projects include new investment projects and expanded investment projects.

Imports used for creating fixed assets prescribed in this point are those goods prescribed in points a, b and c clause 11 of this Article;

c) Raw materials, supplies and components imported to serve manufacturing and research activities of science and technology organizations, hi-tech enterprises and new enterprises established from investment projects on manufacturing of hi-tech products and granted Certificates as prescribed by the law on high technology, science and technology enterprises, and start-up centers that are exempt from import duties within 05 years from the date of commencement of such manufacturing and research activities;

d) Raw materials, supplies and components that cannot be domestically produced and are imported to directly serve manufacturing of digital technology products; raw materials, supplies and components imported to serve research and trial production runs of research and development centers.”.

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1. Some points and clauses of Article 16 are amended as follows:

a) Point a clause 1 is amended as follows:

“a) Hi-tech activities, hi-tech support industry products, research and development, manufacturing of products created from science and technology findings as prescribed by the law on science, technology and innovation; investment in and construction of infrastructure systems of big data centers, cloud computing infrastructure systems, 5G or higher mobile network infrastructure systems, and other digital infrastructure systems in the field of strategic technologies under the Prime Minister’s decisions; investment in strategic technologies and manufacturing of strategic technology products under the Prime Minister’s decisions; investment in innovation and digital transformation as prescribed by the law on science, technology and innovation;”;

b) Point a1 is added following point a clause 1 as follows:

”a1) Training human resources in the fields of science, technology, innovation and digital transformation;";

c) Point dd clause 1 is amended as follows:

“dd) Manufacturing of digital technology products, provision of digital technology services;”;

d) Point h clause 1 is amended as follows:

“h) Investment in development and operation, management of infrastructural works; development of public passenger transport in urban areas; rail transport business; railway industry and railway human resource training.”;

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“b) Industrial parks, export-processing zones, hi-tech zones, concentrated digital technology zones and economic zones.”.

2. Clause 1 Article 19 is amended as follows:

“1. Pursuant to the planning decided or approved in accordance with regulations of the Law on Planning, Ministries, ministerial agencies and provincial-level People’s Committees shall formulate plans for investment, development and construction of technical infrastructure and social infrastructure facilities beyond industrial parks, export-processing zones, hi-tech zones, concentrated digital technology zones, and functional sections inside the perimeter of economic zones; regarding an industrial park in which worker housing is built, regulations of the Law on Housing shall also apply.”.

3. Some points of clause 2 Article 20 are amended as follows:

a) Point a is amended as follows:

“a) Projects on investment in establishment (including expansion of such establishment project) of innovation centers, research and development centers, projects on investment in and construction of infrastructure systems of big data centers, cloud computing infrastructure systems, 5G or higher mobile network infrastructure systems, and other digital infrastructure systems in the field of strategic technologies under the Prime Minister’s decisions, projects on investment in strategic technologies and manufacturing of strategic technology products under the Prime Minister’s decisions with a total investment capital of at least VND 3.000 billion of which at least VND 1.000 billion is disbursed within 03 years from the issuance date of the investment registration certificate or the investment policy approval; the national innovation center established under the Prime Minister's decision;”;

b) Point a1 is added following point a as follows:

“a1) Projects on investment in manufacturing of key digital technology products, projects on research and development, design, manufacturing, packaging and testing of microchips, projects on construction of AI data centers, as prescribed by the law on digital technology industry, with a total investment capital of at least VND 6.000 billion of which at least VND 6.000 billion is disbursed within 05 years from the issuance date of the investment registration certificate or the investment policy approval;”;

c) Point b is amended as follows:

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4. Point d is added following point c clause 1 Article 22 as follows:

“d) For projects on investment in establishment of innovation centers, research and development centers, projects on investment in and construction of infrastructure systems of big data centers, cloud computing infrastructure systems, 5G or higher mobile network infrastructure systems, and other digital infrastructure systems in the field of strategic technologies under the Prime Minister’s decisions, projects on investment in strategic technologies and manufacturing of strategic technology products under the Prime Minister’s decisions, foreign investors are allowed to establish economic organizations in charge of executing such investment projects before completing procedures for issuance/adjustment of the investment registration certificate.”.

5. Point c clause 4 Article 29 is amended as follows:

“c) The investor executes the investment project in an industrial park, hi-tech zone or concentrated digital technology zone;”.

6. Point a clause 1 Article 30 is abrogated.

7. Some points and clauses of Article 31 are amended and abrogated as follows:

a) Points a, b, c, d, dd and g clause 1 and clause 3 are abrogated;

b) Point g2 is added following point g1 clause 1 as follows:

“g2) Nuclear power plants;”.

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a) Points g, h, i and k are added following point e clause 1 as follows:

“g) Investment projects that require relocation of 10.000 people or more in mountainous areas or 20.000 people or more in other areas;

h) Projects on investment in and construction of: airports/aerodromes; runways of airports/aerodromes; passenger terminals of international airports; cargo terminals of airports/aerodromes with a capacity of at least 01 million tonnes per year;

i) New investment projects on air passenger transport business;

k) Investment projects on petroleum processing.”;

b) Points b, dd and e clause 1 are amended as follows:

“b) Projects on investment in and construction of residential housing (for sale, lease or lease purchase) or urban areas, regardless of areas of land used or population size;

dd) Projects on investment in construction and commercial operation of infrastructure facilities in industrial parks, export-processing zones, concentrated digital technology zones;

e) Projects on investment in construction of ports, wharves of special seaports or class-I seaports;”;

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 “1a. An investment project falling under the authority to grant investment policy approval of at least 02 provincial-level People's Committees shall be subject to the Government’s regulations.”.

9. Article 33 is amended as follows:

“Article 33. Documentation requirements and contents of appraisal of application for investment policy approval

Documentation requirements and contents of appraisal of application for investment policy approval shall be subject to the Government's regulations.".

10. Article 34 is amended as follows:

“Article 34. Procedures for grant of investment policy approval by National Assembly

1. The Ministry of Finance of Vietnam shall submit a report requesting the Prime Minister to establish the State Appraisal Council to conduct appraisal of the project falling under the National Assembly’s authority to grant investment policy approval as prescribed in Article 30 of this Law.

2. The application for investment policy approval includes:

a) The Government’s application form;

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c) The State Appraisal Council’s appraisal report;

d) Relevant documents.

3. Contents of verification of the application for investment policy approval include:

a) Fulfillment of the criteria for determining that the investment project falls under the National Assembly’s authority to grant investment policy approval;

b) Necessity of executing the investment project;

c) Conformity of the investment project with relevant national planning or strategies, regional planning, provincial planning, urban planning and special economic - administrative division planning (if any);

d) Objectives, scale, location, duration, execution schedule of the investment project, demand for land use, land clearance and relocation plan, options to select primary technologies, and solutions for environmental protection;

dd) Total capital investment and capital sources;

e) Assessment of socio-economic efficiency, fulfillment of national defense, security and sustainable development requirements of the investment project;

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4. The Government and relevant authorities, organizations and individuals shall provide sufficient information and documents serving the verification; provide explanation for the issues concerning the project contents at the request of the National Assembly’s agency in charge of the verification.

5. At least 60 days before the opening of the meeting of the National Assembly, the Government shall prepare an application for investment policy approval and submit it to the National Assembly’s agency in charge of the verification.

6. The National Assembly shall consider passing a Resolution on grant of investment policy approval, which consists of the contents prescribed in clause 1 Article 3 of this Law.

7. Documentation requirements and procedures for appraisal of investment projects subject to the National Assembly’s investment policy approval, and appraisal procedures followed by the State Appraisal Council shall comply with the Government’s regulations.”.

11. Article 35 is amended as follows:

“Article 35. Procedures for grant of investment policy approval by Prime Minister

Documentation requirements and procedures for appraisal of the investment projects falling under the Prime Minister’s authority to grant investment policy approval shall be subject to the Government's regulations.”.

12. Article 36 is amended as follows:

“Article 36. Procedures for grant of investment policy approval by provincial-level People’s Committees

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13. Some points and clauses of Article 36a are amended as follows:

a) The first paragraph of clause 1 is amended as follows:

“1. Except for the investment projects specified in Article 30 of this Law, investors are entitled to follow investment registration procedures laid down in this Article for their projects in industrial parks, export-processing zones, hi-tech zones, concentrated digital technology zones, free trade zones and functional sections inside the perimeter of economic zones in the following sectors:”;

b) Point c is added following point b clause 1 as follows:

“c) Projects on investment in and construction of infrastructure systems of big data centers, cloud computing infrastructure systems, 5G or higher mobile network infrastructure systems, and other digital infrastructure systems in the field of strategic technologies under the Prime Minister’s decisions; projects on investment in strategic technologies and manufacturing of strategic technology products under the Prime Minister’s decisions.”;

c) Clause 2 is amended as follows:

“2. An application for investment registration shall include the documents specified in Article 33 of this Law, in which the application form for execution of the investment project includes commitments on satisfaction of relevant conditions, standards and technical regulations as prescribed by laws on construction, environmental protection, and firefighting and prevention; the proposal for investment project includes identification and forecasting of environmental impacts, and measures for minimizing negative environmental impacts instead of preliminary assessment of environmental impacts.”.

14. Article 38 is amended as follows:

“Article 38. Procedures for issuance of investment registration certificate

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15. Clause 2 Article 44 is amended as follows:

“2. The duration of an investment project outside an economic zone shall not exceed 50 years. The duration of an investment project in a disadvantaged area or extremely disadvantaged area or an investment project with large investment capital but with slow rate of capital recovery; project on investment in construction and commercial operation of infrastructure facilities of an industrial park, export-processing zone, or concentrated digital technology zone; a project eligible for special investment incentives and assistance as prescribed in point a clause 2 Article 20 of this Article may be longer but shall not exceed 70 years.”.

16. Article 70 is amended as follows:

“Article 70. Examination, supervision and assessment of investment

1. Examination, supervision and assessment of investment activities include:

a) Examination, supervision and assessment of investment projects;

b) Overall investment examination, supervision and assessment.

2. Responsibility for investment examination, supervision and assessment:

a) Investment authorities and specialized authorities conduct overall investment examination, supervision and assessment as well as examination, supervision and assessment of investment projects under their management;

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3. Contents of examination, supervision and assessment of investment projects:

a) Investment authorities and specialized authorities shall carry out examination, supervision and assessment of the investment projects funded by state capital according to the contents and criteria approved in investment decisions;

b) With respect to investment projects funded by other sources of capital, investment authorities and specialized authorities shall carry out examination, supervision and assessment of the objectives and conformity of the investment projects with planning and investment policies approved by competent authorities, the investment schedule, fulfillment of requirements regarding environmental protection, technologies, use of land and other resources as prescribed by law;

c) Investment registration authorities shall carry out examination, supervision and assessment of contents of investment registration certificates and written approval for investment policies.

4. Contents of overall investment examination, supervision and assessment:

a) Promulgation of legislative documents elaborating investment and providing guidelines for implementation thereof; implementation of regulations of the law on investment;

b) Progress of execution of investment projects;

c) Assessment of results of investment implementation by the whole country, Ministries, ministerial agencies and local governments, and investment projects under their management;

d) Suggest investment assessment results and solutions for resolving difficulties and actions against violations of the law on investment to regulatory agencies at the same level and superior investment authorities.

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6. Inspection and audit of operation of investment projects shall be carried out in accordance with regulations of law on inspection and law on audit.

7. The Government shall elaborate this Article.”.

17. Clause 3a is added following clause 3 Article 77 as follows:

The transferee shall inherit all rights and obligations of the transferor towards the part of the project received; be entitled to apply for investment policy approval/adjustments thereto, issuance/modification of investment registration certificate in respect of such part of project received in accordance with the Government’s regulations.”.

18. Some ordinal numbers of Appendix IV - List of conditional business lines are added and abrogated as follows:

a) The ordinal numbers 233 and 234 are added following the ordinal number 232 as follows:

No.

BUSINESS LINES

233

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234

Personal data processing services

b) The business line “urban rail business” in the ordinal number 97 is abrogated.

Article 7. Amendments to Law on Public Investment

1. Clause 5 is added following clause 4 Article 3 as follows:

“5. Investment projects or tasks using funds which are lawfully given by donors and not recorded as state budget revenues at the request of such donors shall not be subject to provisions of this Law.". 

2. Some clauses of Article 4 are amended as follows:

a) Clause 4 is amended as follows:

“4. Ministries, central and local authorities refer to regulatory authorities or organizations to whom planned public investment tasks are assigned by the Prime Minister, including:

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b) Provincial-level People’s Committees.”;

b) Clause 14a is added following clause 14 as follows:

 “14a. Special public investment project refers to a public investment project which is executed according to the direction given by the Poliburo, the Secretariat of the CPV Central Committee or the Government’s Party Committee.“;

c) Clause 18 is amended as follows:

“18. Public investment activities include formulation, appraisal of and making of decision on an investment policy or decision on investment in a public program, project or task; formulation, appraisal, approval, assignment and implementation of a public investment plan; management and use of public investment capital; commissioning, payment, preparation of final accounts, transfer of a public investment project; monitoring, and assessment, examination and inspection of a public investment plan, program, task or project.";

d) Clause 20 is amended as follows:

“20. Investment preparatory tasks encompass formulation, appraisal and making of decision on an investment policy; formulation, appraisal and making of decision on investment in a project.”;

dd) Clause 22 is amended as follows:

22. Outstanding debts accruing from capital construction refers to the post-commissioning value of items that constitute a program, task or project but is not yet included by a competent authority in a medium-term public investment plan, except urgent public investment projects, special public investment projects, and projects which are carried forward to the next term of medium-term public investment plan.”.

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“b) Science, technology, innovation, environment, digital technology, radio and television broadcasting, finance, banking;”.

4. Some clauses of Article 17 are amended as follows:

a) Clause 1 is amended as follows:

“1. Issuing decisions on investment policies or adjustments thereto that are not conformable to relevant strategies, plannings and/or plans; in which funding sources and capital balancing capacity are not defined, except projects which are not subject to investment policy decision requirement as prescribed in clause 6 Article 19 of this Law; ultra vires or in breach of legally required processes and procedures.";

b) Clause 2 is amended as follows:

“2. Issuing decisions on investment in programs or projects without obtaining the competent authority’s decisions on investment policies as prescribed; issuing decisions on investment or adjustments to programs or projects ultra vires or in breach of requirements concerning objectives, locations or in excess of public investment capital specified in investment policy decisions issued by competent authorities.”.

5. Some points and clauses of Article 18 are amended and abrogated as follows:

a) Clause 6, point c clause 7 and clause 8 are abrogated;

b) Point b clause 1 is amended as follows:

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c) Clause 3 is amended as follows:

“3. The Prime Minister of Vietnam shall be vested with authority to issue decisions on investment policies for the projects specified in point a clause 2 Article 8 of this Law.";

d) Clause 4 is amended as follows:

“4. Ministers, heads of central authorities shall be vested with authority to issue decisions on investment policies for projects using ODA funds/ foreign concessional loans, group-A, group-B and group-C projects under their jurisdiction.”;

dd) Point b clause 5 is amended as follows:

“b) Group-A projects funded by local-government budgets at all levels, including dedicated additional funding transferred from the central-government budget and local-government budget’s legitimate funding sources, in their provinces, any group-A project involving at least 02 provincial-level administrative divisions over which the provincial-level People’s Committee is assigned to act as the governing body according to the Prime Minister's decision;”;

e) Point c is added following point b clause 5 as follows:

“c) Group-A projects totally funded by local-government budget’s funding used for covering expenditures of the central-government budget in accordance with regulations of law on state budget after obtaining consent from the Ministry, central authority or agency or organization assigned to directly manage the project.”;

g) Point d is added following point c clause 7 as follows:

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h) Clause 9 is amended as follows:

“9. Commune-level People’s Committees shall be vested with authority to issue decisions on investment policies for the following projects:

a) Group-B and group-C projects funded by the local-government budget, including dedicated additional funding transferred from the superior budget and local-government budget’s legitimate funding sources under their jurisdiction;

b) Any Group-B or group-C project involving at least 02 commune-level administrative divisions for which the commune-level People’s Committee is assigned by Chairperson of the relevant provincial-level People’s Committee to issue investment policy decision.”;

i) Clause 10 is amended as follows:

“10. Boards of Members or Company Presidents or Boards of Directors of state-owned enterprises shall be vested with authority to issue decisions on investment policies for group-A, group-B and group-C projects in which they are assigned to make investment according to decisions of the Prime Minister.”;

k) Point b clause 12 is amended as follows:

“b) Procedures and processes for making decisions on investment policies for projects funded by local-government budgets and executed by central authorities, and projects funded by commune-level budgets and executed by provincial-level authorities;”;

l) Point d is added following point c clause 12 as follows:

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6. Point c1 and point c2 are added following point c clause 6 Article 19 as follows:

“c1) Special public investment projects;

c2) Local railway construction investment projects, local railway projects applying Transit-Oriented Development (TOD) model included in plannings approved by competent authorities;”.

7. Some points and clauses of Article 20 are amended as follows:

a) Clause 2 is amended as follows:

“2. The Prime Minister may establish the State Appraisal Council chaired by a Minister or head of ministerial agency and tasked with appraising investment policy proposal reports for national target programs and prefeasibility study reports for projects of national significance. The establishment of the State Appraisal Council shall take place at the same time as the formulation of investment policy proposal reports for national target programs/prefeasibility study reports for projects of national significance.”;

b) Point b clause 5 is amended as follows:

 “b) For projects of national significance: objectives, scope, total investment, location, implementation time, mechanisms, solutions and policies for implementing the project.”.

8. Point dd clause 2 Article 22 is amended as follows:

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9. Clause 2 Article 23 is amended as follows:

“2. The Prime Minister of Vietnam may establish an interagency Council or authorize a relevant Ministry or ministerial agency to preside over or cooperate with relevant agencies in appraising the investment policy proposal report. The establishment of an Appraisal Council shall take place at the same time as the formulation of the investment policy proposal report for the program.”.

10. Point a clause 1 Article 25 is amended as follows:

“a) Assign their affiliated units, including their affiliated public service units, or commune-level People’s Committees to prepare pre-feasibility study reports;”.

11. Article 26 is amended as follows:

“Article 26. Procedures and processes for granting decisions on investment policies for programs using ODA funds/foreign concessional loans, group-A, group-B and group-C projects under jurisdiction of Ministers or heads of central authorities

1. Ministers/heads of central authorities shall have the following responsibilities:

a) Assign their affiliated units, including their affiliated public service units, to prepare pre-feasibility study reports, investment policy proposal reports;

b) Establish Appraisal Councils or assign competent units to carry out appraisal of pre-feasibility study reports, investment policy proposal reports, appraisal and assessment of funding sources and capital balancing capacity;

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2. Ministers/heads of central authorities shall issue investment policy decisions, including such contents as investment objectives, scale, total investment, structure of funding sources, location, implementation timelength, and capital allocation plan.”.

12. Heading of Article 28 is amended as follows:

“Article 28. Procedures and processes for granting decisions on investment policies for projects under jurisdiction of all-level People’s Committees”.

13. Article 31 is amended as follows:

“Article 31. Procedures and processes for granting decisions on investment policies for projects involving at least 02 commune-level administrative divisions

1. Chairperson of the relevant provincial-level People’s Committee shall consider deciding to assign a commune-level People’s Committee to consider granting decision on investment policy for a project involving at least 02 commune-level administrative divisions. If the project is to be executed by the provincial-level authority, the provincial-level People’s Committee shall consider granting decision on investment policy for the project.

2. Procedures and processes for granting decisions on investment policies for projects shall be subject to provisions enshrined in Article 28 of this Law.”.

14. Article 36 is amended as follows:

“Article 36. Delegation of power to appraise, assess funding sources and capacity for balancing funds for programs and projects 

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2. The Ministry of Finance of Vietnam shall play the leading role in assessing funding sources, capacity for balancing funds and plans for allocation of funds for the following programs and projects:

a) National target programs;

b) Projects of national significance.

3. The Ministry of Finance of Vietnam shall appraise funding sources and capacity for balancing funds for public investment programs subject to the Government’s investment policy decisions.

4. Ministers and Heads of central authorities shall organize appraisal of funding sources and capacity for balancing funds for those projects using public investment capital under their jurisdiction and within the limits prescribed in Article 36a of this Law.

5. Chairpersons of all-level People’s Committees shall organize appraisal of funding sources and capacity for balancing funds for those programs and projects using public investment capital under their jurisdiction and within the limits prescribed in Article 36a of this Law.

6. Regarding ODA funds/foreign concessional loans, the competent authorities specified in clauses 2, 3, 4 and 5 of this Article shall, based on letters of interest or written commitments of foreign donors, appraise funding sources and capacity for balancing funds according to the Government’s regulations.”.

15. Article 36a is added following Article 36 as follows:

 “Article 36a. Limits used as basis for appraisal of funding sources and capacity for balancing funds

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Where a Ministry, central or local authority is not included in the plan for allocation of capital of the medium-term public investment plan of the current period or is assigned to execute a program or project subject to investment policy approval requirement with total investment exceeding the limit prescribed in this clause, the Prime Minister shall consider deciding funding amount derived from the central-government budget while Chairperson of the provincial-level People’s Committee shall consider deciding funding amount derived from the local-government budget.

2. Upon receipt of notification of total capital for the subsequent period as prescribed in clause 4 Article 59 of this Law, Ministries, central and local authorities shall decide the order of priority in capital allocation as prescribed in Article 54 of this Law.

3. The Government shall elaborate this Article.”.

16. Some points and clauses of Article 37 are amended as follows:

a) Clause 2 is amended as follows:

“2. The investment policy for a program or project shall be adjusted in case there are changes in its objectives or location, or the public investment capital used for the program or project is exceeded in comparison to those specified in the investment policy for that program or project.

b) Point d Clause 3 is amended as follows:

“dd) As for a project involving at least 02 commune-level administrative divisions for which the decision on investment policy falls under the jurisdiction of the commune-level People’s Committee, these procedures and processes shall be subject to regulations laid down in Article 31 of this Law.”.

17. Some clauses of Article 38 are amended and abrogated as follows:

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b) Clause 2 is amended as follows:

“2. Ministers and Heads of central authorities shall have the power to:

a) Grant decisions on investment in national target programs, projects of national significance already obtaining decisions on investment policies from the National Assembly, public investment programs already obtaining decisions on investment policies from the Government, public investment projects already obtaining decisions on investment policies from the Prime Minister of which Ministries or central authorities act as program owners or governing bodies;

b) Grant decisions on investment in programs using ODA funds/foreign concessional loans, group-A, group-B and group-C projects under their jurisdiction;

c) Delegate powers or grant authorization to issue decisions on investment in group-B and group-C projects prescribed in point b of this clause to their affiliated agencies or units;

d) Based on specific conditions of projects, assign specialized or regional project management units to act as project owners. Where the project management unit is not established or is not qualified to act as a project owner, the Minister or head of central authority may assign an agency or organization that fully meets experience and managerial capacity requirements to act as the project owner, and shall assume responsibility for their assignment.”;

c) Clause 3 is amended as follows:

“3. Chairpersons of provincial-level People’s Committees shall be vested with authority to grant decisions on investment in the following programs and projects:

a) Projects of national significance which have already obtained decisions on investment policies from the National Assembly and over which provincial-level People’s Committees act as governing bodies;

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c) Group-B and group-C projects which have already obtained investment policy decisions from provincial-level People’s Committees;

d) Group-B and group-C projects using ODA funds/foreign concessional loans; projects using ODA grants.”;

d) Clause 4 is amended as follows:

“4. Chairpersons of commune-level People’s Committees shall be vested with authority to grant decisions on investment in Group-B and group-C projects under their management.”; 

dd) Clause 5 is amended as follows:

“5. Directors or General Directors of state-owned enterprises shall be vested with authority to grant decisions on investment in projects using ODA grants; group-A, group-B and group-C projects which have already obtained investment policy decisions from Boards of Members or Company Presidents or Board of Directors of such enterprises.”.

18. Article 40 is amended as follows:

“Article 40. Procedures for formulation, appraisal and making of decision on investment in national target programs

1. Based on the investment policy already obtaining the National Assembly’s decision, Minister or head of central authority that acts as the program owner shall discharge the following responsibilities:

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b) Assign competent agency or unit, or establish a Council, to carry out the appraisal of the feasibility study report according to the contents specified in clause 1 Article 47 of this Law.

The Appraisal Council or agency or unit in charge of appraisal may invite any qualified or experienced organization or individual to join in the appraisal of the feasibility study report;

c) Command the unit or agency mentioned in point a of this clause to prepare complete feasibility study report on the basis of appraisal opinions.

2. Ministers or heads of central authorities shall consider issuing decisions on investment in national target programs.”.

19. Article 41 is amended as follows:

“Article 41. Procedures for formulation, appraisal and making of decisions on investment in public investment programs subject to Government’s investment policy decision

1. Based on the investment policy already obtaining the Government’s decision, Minister or head of central authority that acts as the program owner shall discharge the following responsibilities:

a) Assign its specialized agencies or affiliated units, including affiliated public service units, to prepare the feasibility study report for that program;

b) Assign competent agency or unit, or establish a Council, to carry out the appraisal of the feasibility study report according to the contents specified in clause 1 Article 47 of this Law.

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c) Command the unit or agency mentioned in point a of this clause to prepare complete feasibility study report on the basis of appraisal opinions.

2. Ministers or heads of central authorities shall consider issuing decisions on investment in public investment programs.”.

20. Clause 1 Article 43 is amended as follows:

“1. Procedures for formulation, appraisal and making of decision on investment in a project of national significance shall be subject to the following regulations:

Based on the investment policy already obtaining the decision from the National Assembly or Prime Minister, Minister, head of central authority, or Chairperson of provincial-level People’s Committee that acts as the project's governing body shall discharge the following responsibilities:

a) Assign their specialized agencies or affiliated units, including affiliated public service units, to prepare the feasibility study report for the project;

b) Assign competent agency or unit, or establish a Council, to carry out the appraisal of the feasibility study report according to the contents specified in clauses 2 and 3 Article 47 of this Law.

The Appraisal Council or agency or unit in charge of appraisal may invite any qualified or experienced organization or individual to join in the appraisal of the feasibility study report;

c) Command the unit or agency mentioned in point a of this clause to prepare complete feasibility study report on the basis of appraisal opinions;

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21. Article 45a is added following Article 45 as follows:

“Article 45a. Procedures and processes for granting decisions on investment in special public investment projects

1. Based on the direction of the Poliburo, the Secretariat of the CPV Central Committee or the Government’s Party Committee, Ministers, Heads of central authorities and Chairpersons of provincial-level People’s Committees shall organize formulation and appraisal of feasibility study reports, technical-economic reports, and consider granting decisions on investment in special public investment projects under their management.

2. Project owners are allowed to make decisions on all tasks in investment activities to organize the implementation of such projects on schedule while meeting quality requirements, adopt the measures specified in points a, b and c of this clause, where necessary, and assume responsibility for their decisions:

a) Apply the direct contracting method to packages of the project;

b) Implement the project adopting the design-build method, and follow simplified procedures according to provisions of laws on state budget, bidding, construction, urban planning, environmental protection, minerals, and relevant laws;

c) Apply specific cost norms to formulation, appraisal and approval of cost estimate of the project. The Government shall assign Ministries and central authorities to promulgate such specific cost norms for projects.”.

22. Clause 5 Article 46 is amended as follows:

23. Point a clause 4 Article 54 is amended as follows:

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24. Clause 1 Article 56 is amended as follows:

“1. Other public investment programs, projects, tasks and objects have to be listed in the medium-term public investment plan, except urgent public investment projects, special public investment projects and investment projects funded by ODA grants.”.

25. Point d clause 3 Article 57 is amended as follows:

“d) If the capital allocation has to be carried out beyond the granted extension periods prescribed in points b and c of this clause, governing bodies of central budget-funded projects shall be subject to responsibility review and petition the Prime Minister to consider granting decisions on extension of the time for allocation of capital to these projects while People’s Committees shall be subject to responsibility review and petition People's Councils at the same level to consider granting decisions on extension of the time for allocation of capital to local budget-funded projects;”.

26. Clause 1 Article 58 is amended as follows:

“1. Capital for investment preparatory tasks may be allocated for covering costs of formulation, appraisal and grant of decisions on investment policies for projects; formulation, appraisal and grant of decisions on investment in projects.”.

27. Some points and clauses of Article 59 are amended and abrogated as follows:

a) Clauses 1, 3 and 5 are abrogated;

b) Point c clause 7 is amended as follows:

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The Government shall decide and report the capital included in the medium-term public investment plan derived from the central-government budget which is yet to be allocated to the National Assembly through its report on final assessment of medium-term public investment plan;”;

c) Clause 8 is amended as follows:

“8. The Prime Minister shall assign tasks of medium-term public investment plans to Ministries, central and local authorities.”;

d) Clause 9 is amended as follows:

“9. Assignment of tasks of medium-term public investment plans using local-government budget shall be subject to the following provisions:

a) Pursuant to the National Assembly’s resolution regarding medium-term public investment plans for the new period and the resolution of the provincial-level People's Council regarding the 05-year socio-economic development plan, the provincial-level People's Council shall make a decision on medium-term public investment plan to be implemented at their province, including total capital of the medium-term public investment plan, portfolio and capital allocated to specific projects, total capital used for performing planning tasks, total capital used for performing investment preparatory tasks, other public investment objects using the provincial-level budget's capital and dedicated additional funding transferred to the inferior budget, and shall send a report thereon to the Ministry of Finance of Vietnam for consolidating and reporting to the Government;

b) Pursuant to the resolution of the provincial-level People’s Council regarding the medium-term public investment plan, the commune-level People’s Council shall make a decision on the medium-term public investment plan under its jurisdiction, including total capital of the medium-term public investment plan, portfolio and the local government budget-derived capital allocated to specific projects, total capital used for performing planning tasks, total capital used for performing investment preparatory tasks, other public investment objects;

c) Within the maximum period of 30 days after the People’s Council promulgates the resolution on medium-term public investment plan, the same-level People’s Committee shall assign tasks of the medium-term public investment plan to their affiliated units, including total investment, portfolio of programs and projects, and capital allocated to specific projects, total capital used for performing investment preparatory tasks, other public investment objects.”.

28. Point b clause 2 Article 65 is amended as follows:

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29. Clause 2 Article 68 is amended as follows:

“2. Pursuant to the National Assembly’s resolution, the competent authority’s decision on assignment of planned tasks and the resolution of the People’s Council at any level regarding medium-term and annual public investment plans, Ministries, central and local authorities, commune-level People's Committees and other agencies/units using public investment capital shall make their decisions on measures to take control of administering public investment plans funded by funding sources under their respective management.”.

30. The first paragraph of clause 1 Article 69 is amended as follows:

“1. Ministries, central and local authorities, commune-level People’s Committees shall assume the following responsibilities:”.

31. The first paragraph of clause 1 Article 70 is amended as follows:

“1. Ministries, central and local authorities, commune-level People’s Committees and agencies/units using public investment capital shall assume the following responsibilities:”.

32. Some points and clauses of Article 71 are amended and abrogated as follows:

a) Clause 4, clause 6 and point c clause 7 are abrogated;

b) Clause 2 is amended as follows:

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c) Clause 3 is amended as follows:

“3. The Prime Minister shall decide to adjust medium-term public investment plans using the central-government budget’s capital, provided that total medium-term capital decided by the National Assembly must not be exceeded.”;

d) Clause 5 is amended as follows:

“5. Ministers, Heads of central authorities, provincial-level People’s Committees shall decide to adjust annual and medium-term public investment plans using the central-government budget's capital under their management, provided that total annual and medium-term capital amounts decided by competent authorities must not be exceeded.”;

dd) Clause 8 is amended as follows:

“8. People’s Committees at all levels shall decide to adjust annual and medium-term public investment plans using the local-government budget's capital, provided that total annual and medium-term capital amounts decided by same-level People’s Councils must not be exceeded.”;

e) Clause 9 is amended as follows:

“9. The Government shall elaborate this Article.”.

33. Some clauses of Article 72 are amended as follows:

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”1. Implementation and disbursement of capital of annual public investment plans shall last till January 31 of the subsequent year. If additional capital amounts are allocated to Ministries, central and local authorities, and their affiliated units using state budget, commune-level People’s Committees after September 30 of the planning year for performing tasks, programs and projects, implementation and disbursement of such additional capital amounts may last till December 31 of the subsequent year.”;

b) Clause 2 is amended as follows:

“2. The time for implementation and disbursement of capital defined in annual public investment plans may be extended but not later than December 31 of the subsequent year, subject to decision issued by Ministers, heads of central authorities or provincial-level People’s Councils (with respect to capital derived from the central-government budget) or by Chairperson of the People’s Committee at any level (with respect to capital derived from their local-government budget), in the following cases:

a) Projects of national significance;

b) Projects on compensation, support, residential resettlement and site clearance;

c) A project that is eligible for planned capital allocation for being finished and put into use in the planning year but the plan for capital allocation in the subsequent year is not available;

d) Projects of which the implementation schedule is affected by natural disasters, conflagration, epidemics or other objective causes which are unforeseeable and cannot be remedied;

dd) Projects of representative missions and other missions of Vietnam in foreign countries;

e) A Ministry, central or local authority, or commune-level People’s Committee only has 01 project in the planning year or adjustment of the plan cannot be carried out.

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34. Some clauses of Article 83 are amended and abrogated as follows:

a) Clause 8 is abrogated;

b) Clause 9 is amended as follows:

“9. Organize the implementation of medium-term and annual public investment plans. Make decisions to allocate and assign in detail the unallocated amounts of the capital defined in annual and medium-term public investment plans using the central-government budget’s capital.”;

c) Clause 12 is added following clause 11 as follows:

“12. Promulgate regulations on responsibility review, transfer of officials, public employees and contractual employees who fail to fulfill their assigned responsibilities and tasks resulting failure to finish programs, tasks, projects on schedule defined in assigned plans.”.

35. Some clauses of Article 84 are amended and abrogated as follows:

a) Clause 1 is amended as follows:

“1. Make decisions on investment policies for projects under his jurisdiction as prescribed in Article 18 of this Law.”;

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36. Article 85 is amended as follows:

“Article 85. Duties and powers of Ministry of Finance

The Ministry of Finance of Vietnam acts as a presiding body assisting the Government in carrying out the state management of public investment, and shall have the following duties and powers:

1. Promulgate or petition competent authorities to promulgate legislative documents related to public investment, distribution and use principles, criteria and norms of public investment capital;

2. Report to the Government on determination of the state budget’s funding for investment expenditures for national public investment activities in the specific sectors and industries which are defined in medium-term and annual public investment plans;

3. Consolidate national medium-term and annual public investment plans for submission to the Government and the Prime Minister; petition the Government and the Prime Minister to assign tasks of public investment plans using the state budget’s capital;

4. Consolidate adjustments to national medium-term public investment plans for submission to the Prime Minister; submit adjustments to national annual public investment plans to the Government; submit adjustments to national medium-term and annual public investment plans to the Government/the Prime Minister for considering and reporting to the National Assembly to seek its decision within its jurisdiction as prescribed in Article 71 herein;

5. Preside over and cooperate with relevant authorities in carrying out the appraisal, assessment of funding sources and capital balancing capacity in accordance with Article 36 of this Law;

6. Request competent authorities to promulgate general provisions on management of national target programs; consolidate and request competent authorities to decide and assign medium-term and annual public investment objectives, tasks and plans using the central-government budget’s capital defined in national target programs;

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8. Request competent authorities to promulgate or promulgate, within its jurisdiction, regulations on managing, paying and making final accounts of costs incurred from projects using public investment capital;

9. Report to the Government on disbursement of capital to, and final accounts of costs incurred from, programs and projects.”.

37. Clause 3 Article 87 is amended as follows:

“3. Preside over and cooperate with relevant authorities in carrying out the appraisal, assessment of funding sources and capacity for balancing funds for projects in accordance with provisions of Article 36 of this Law.”.

38. Some points and clauses of Article 89 are amended and abrogated as follows:

a) Point b clause 2, clause 4 and clause 5 are abrogated;

b) Clause 7 is amended as follows:

“7. Chairperson of each provincial-level People’s Committee shall perform the following duties and powers:

a) Make decisions on investment in projects under his/her jurisdiction as prescribed in this Law;

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c) Make decision to assign a commune-level People’s Committee to act as the governing body in charge of implementing the project involving at least 02 commune-level administrative divisions.”.

39. Article 90 is amended as follows:

“Article 90. Duties and powers of commune-level People’s Committees

1. Take charge of preparing medium-term and annual public investment plans under their jurisdiction.

2. Take charge of carrying out the appraisal of projects under their jurisdiction.

3. Petition commune-level People’s Councils to make decisions on medium-term and annual public investment plans using the local budget’s capital under their jurisdiction.

4. Make decisions on investment policies for projects falling under their jurisdiction as prescribed in this Law, and submit reports thereon to commune-level People’s Councils at the upcoming meeting.

5. Take charge of carrying out, monitoring, assessing and examining plans, programs and projects and other tasks of state management related to public investment that fall within their jurisdiction; cooperate with relevant authorities and organizations in carrying out, monitoring, examining and assessing programs and projects in their communes.

6. Chairpersons of commune-level People’s Committees shall make decisions on investment in projects under their jurisdiction as prescribed in Article 38 of this Law.”.

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a) Clause 1 is amended as follows:

“1. Make decisions on investment or adjustments to such decisions on investment in programs and projects in line with objectives, locations, public investment capital defined in investment policies already decided by competent authorities, except tasks and projects which are exempted from the requirement regarding investment policy decisions as prescribed in clause 6 Article 19 of this Law, provided that such decisions meet capacity for balancing funds falling within their respective jurisdiction, conform to standards and regulations on investment and are consistent with appraisal results.”.

b) Clause 2 is amended as follows:

“2. Carry out the appraisal of programs and projects prior to approval, including the appraisal, assessment of capital sources and capital balancing capacity.”.

41. Clause 1 Article 100 is amended as follows:

“1. Ministers, Heads of central and local authorities, Chairpersons of commune-level People’s Committees and program/project owners shall be responsible for any consequence resulting from failure to monitor, assess and examine plans, programs and projects or failure to make reports in accordance with regulations in force.”.

42. Clause 17 Article 4; Article 24 and number “24,” in point c clause 3 Article 37 and clause 3 Article 64; clauses 1, 2 and 3 Article 60; Article 63; point c clause 2 and point b clause 7 Article 64; point a clause 1 Article 66; clauses 3, 4 and 5 Article 82; Article 86; Article 93 are abrogated.

Article 8. Amendments to Law on Management and Use of Public Property

1. Article 1 is amended as follows:

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This Law deals with state management of public property; regulations on management and use of public property; rights and obligations of authorities, organizations, units and individuals in management and use of public property.

Public property including state-owned money, non-state budget financial funds, foreign exchange reserves shall be managed and used in accordance with regulations of relevant laws.

Management and use of property formed from performing state budget-funded science, technology and innovation tasks shall be subject to regulations of law on science, technology and innovation, and law on intellectual property.”.

2. Clauses 3 and 4 Article 19 are amended as follows:

“3. Provincial-level and commune-level People’s Committees shall assign same-level finance authorities to assist People’s Committees in:

a) Performing their tasks and powers for state management of public property as prescribed in Article 18 of this Law;

b) Directly managing, disposing of some public property pieces in accordance with provisions of this Law and relevant laws.

4. Specialized agencies affiliated to Provincial-level and commune-level People’s Committees shall assist same-level People’s Committees in performing state management tasks, directly managing and disposing of public property in sectors/fields as prescribed by law.”.

3. Article 44 is amended as follows:

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Use of public property for making payments to investors implementing construction projects in the form of build-transfer contract shall be subject to provisions of the Law on Public-Private Partnership Investment.”.

4. Clause 1 Article 48 is amended as follows:

“1. Agencies assigned to take charge of disposal of public property shall manage the proceeds earned from disposal of public property at state authorities, and transfer the total amount of such proceeds which remains after deducting all costs of the disposal to state budget.".

5. Clause 3 is added following clause 2 Article 68 as follows:

“3. Management and use of proceeds earned from disposal of property at socio-political organizations shall be subject to the Government’s regulations.”.

6. Clause 1 Article 81 is amended as follows:

“1. Entities assigned to manage infrastructural property are entitled to directly organize the operation of the property in accordance with the Government’s regulations.”.

7. Point a clause 2 Article 85 is amended as follows:

“a) In case the entity assigned to manage the property is a state authority or an unit of the people’s armed forces, the revenue that is earned from the operation of property and remains after deduction of all costs associated with such operation shall be entirely transferred to the state budget;”.

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“d) Disposed of adopting other methods according to the Government’s regulations.”.

9. Article 94 is amended as follows:

“Article 94. Management and use of proceeds earned from disposal of infrastructural property

1. The proceeds which are earned from disposal of infrastructural property and remain after deduction of all costs associated with such disposal shall be entirely transferred to the state budget.

2. Costs associated with the disposal of property include:

a) Cost of inventory or measurement;

b) Cost of relocation, demolition or destruction;

c) Cost of valuation and price appraisal;

dd) Cost of selling the property;

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10. Article 102 is amended as follows:

“Article 102. Use of property serving operation of projects

1. Use of property serving operation of projects is meant to achieve the objectives of the project and complies with provisions of Section 3 Chapter III of this Law and relevant laws.

2. Management, use and disposal of property formed from state-funded projects on support for manufacturing development with participation by communities and people shall be subject to specific mechanisms/policies of national target programs and relevant laws.”.

11. Article 117 is amended as follows:

“Article 117. Use of value of land use rights for making payments to investors implementing construction projects in the form of build-transfer contract

Use of value of land use rights for making payments to investors implementing construction projects in the form of build-transfer contract shall be subject to provisions of the Law on Public-Private Partnership Investment.”.

12. Some phrases in some points and clauses are added and replaced as follows:

a) The phrase “khu công nghệ số tập trung,” (“concentrated digital technology zone,”) is added following the phrase “khu công nghệ cao,” (“hi-tech zone,”) in clause 2 Article 4;

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c) The phrase “trừ trường hợp đặc biệt do Thủ tướng Chính phủ quyết định theo đề nghị của Bộ trưởng Bộ Tài chính trên cơ sở đề nghị của Bộ trưởng, Thủ trưởng cơ quan trung ương, Chủ tịch Ủy ban nhân dân cấp tỉnh có liên quan” (“except for a special case decided by the Prime Minister at the request of the Minister of Finance which is made on the basis of requests of relevant Ministers, Heads of central authorities and Chairpersons of provincial-level People’s Committees”) is replaced with the phrase “trừ trường hợp đặc biệt theo quy định của Chính phủ” (“except for a special case as prescribed by the Government”) in clause 2 Article 42;

d) The phrase “theo phân cấp của Chính phủ” (“as delegated by the Government”) is replaced with the phrase “theo quy định của Chính phủ” (“according to the Government’s regulations”) in clause 3 Article 107.

13. The following phrases are abrogated:

a) The phrase “, nhiệm vụ khoa học và công nghệ” (“, science and technology tasks”) in clause 10 Article 3;

b) The phrase “sử dụng tài sản công để thanh toán cho nhà đầu tư khi thực hiện dự án đầu tư xây dựng công trình theo hình thức hợp đồng xây dựng - chuyển giao;” (“use of public property for making payments to investors implementing construction projects in the form of build-transfer contract;”) in clause 3 Article 13;

c) The phrase “việc phân cấp thẩm quyền quyết định trong quản lý, sử dụng tài sản công;” (“granting power to make decisions on management and use of public property;”) in point a clause 2 Article 15;

d) The phrase “và tài sản được hình thành thông qua việc triển khai thực hiện các nhiệm vụ khoa học và công nghệ sử dụng vốn nhà nước” (“and property formed from performing state-funded science and technology tasks”) in point c clause 2 Article 15;

dd) The phrase “và phân cấp của Chính phủ” (“and as delegated by the Government”) in clause 4, clause 8 Article 15, point a point d clause 1 Article 16;

e) The phrase “thanh tra,” (“inspection,”) in clause 7 Article 15;

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h) The phrase “Ủy ban nhân dân cấp huyện,” (“district-level People's Committees,") in clause 2 Article 18;

i) The phrase “và phân cấp của Hội đồng nhân dân cấp tỉnh” (“ and assigned by provincial-level People’s Councils”) in clause 4 Article 18;

k) The phrase “theo phân cấp của Chính phủ” (“as delegated by the Government”) in point b clause 2 Article 69.

14. Clause 4 Article 13; clause 2 Article 17; clauses 4, 5, 6 and 7 Article 26; clause 3, clause 4 Article 29; clause 4 Article 55; clause 2 Article 56; clause 2, clause 3 Article 57; clause 2 Article 58; point dd clause 1, point e clause 2 Article 65; Article 105; Article 118 are abrogated.

Article 9. Implementation   

1. This Law comes into force from July 01, 2025.

2. Point b clause 3 Article 33 of the Law on Housing No. 27/2023/QH15, as amended by the Law No. 43/2024/QH15 and the Law No. 47/2024/QH15, is abrogated.

3. Clause 6 Article 14, clauses 1, 2, 3 and 4 Article 29 of the Law on Public Debt Management No. 20/2017/QH14 are abrogated.

Article 10. Transition

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a) If the EOI requests, prequalification documents, bidding documents or RFPs for packages/investment projects have been issued and the bid opening has taken place before the effective date of this Law, the shortlisting, contractor selection, investor selection, signing of contract and management of contract performance shall continue to be carried out in accordance with the Law on Bidding No. 22/2023/QH15, as amended by the Law No. 57/2024/QH15, and legislative documents elaborating and providing guidelines on this Law;

b) If the EOI requests, prequalification documents, bidding documents or RFPs for packages/investment projects have been issued but the bid closing does not yet occur by the effective date of this Law, the shortlisting, contractor selection, investor selection, signing of contract and management of contract performance shall continue to be carried out in accordance with the Law on Bidding No. 22/2023/QH15, as amended by the Law No. 57/2024/QH15, and legislative documents elaborating and providing guidelines on this Law, or such contractor selection/investor selection may be carried out in accordance with provisions of this Law after cancelling the invitation for bid, invitation for EOIs, or invitation for prequalification applications and following procedures for adjustment of the contractor selection plan (where necessary), bidding documents, EOI requests, prequalification documents or RFPs, except the case prescribed in point d of this clause;

c) If the contractor selection plan for a package has been approved but the EOI request, prequalification documents, bidding documents, or RFP for this package is still not yet issued by the effective date of this Law, the employer is allowed to follow procedures for adjustment of the approved contractor selection plan and apply provisions of this Law, except the case prescribed in point d of this clause;

d) If the EOI requests, prequalification documents, bidding documents or RFPs for packages of investment projects of state-owned enterprises/wholly state-owned enterprises, and packages of projects/procurement cost estimates of public service units self-covering both recurrent and investment expenses/public service units self-covering recurrent expenses without using state budget have been issued but the bid closing does not yet occur by the effective date of this Law, employers are entitled to adopt any of the following options:

d1) Comply with provisions of point b of this clause, if the employer wishes to apply this Law; or

d2) Make decision on the procurement at their discretion as prescribed in point c clause 2 Article 1 of this Law.

2. Transitional provisions on amendments to the Law on Public-Private Partnership Investment:

a) If the pre-feasibility study report or adjusted pre-feasibility study report for a PPP project has been prepared but is yet to be submitted for appraisal or the Appraisal Council is yet to be established or has been established but not yet carried out the appraisal by the effective date of this Law, the authority and procedures for appraisal of pre-feasibility study report or adjusted pre-feasibility study report shall comply with provisions of this Law.  In case the Appraisal Council has been established and the appraisal of the investment policy is taking place, the procedures and authority to carry out appraisal and issue decision on investment policy or adjustments to the investment policy shall be subject to regulations of law on public-private partnership investment in force before the effective date of this Law;

b) If an application for approval of a PPP project/adjustment of a PPP project is not yet submitted by the effective date of this Law, the authority to consider granting approval of a PPP project/adjustment of a PPP project shall be determined according to provisions of this Law;

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d) PPP project contracts signed before the effective date of this Law shall still remain valid; regarding any modification of contents of the project contract which is deemed necessary but for which regulations of law in force at the time of contract conclusion are not available, or any modification of the project contract which is deemed necessary to ensure the efficiency of the project, the parties to the contract may reach agreement on making such modification in accordance with provisions of this Law and relevant laws in force at the time of modification.

3. Transitional provisions on amendments to the Law on Customs:

If customs procedures for in-country imports/exports subject to duly registered customs declarations are yet to be completed by the effective date of this Law, provisions of clause 3 Article 3 of this Law shall apply.

4. Transitional provisions on amendments to the Law on Investment:

a) From the effective date of this Law, applications for approval/adjustment of investment policies for investment projects that require relocation of 10.000 people or more in mountainous areas or 20.000 people or more in other areas; projects on investment in and construction of: airports/aerodromes; runways of airports/aerodromes; passenger terminals of international airports; cargo terminals of airports/aerodromes with a capacity of at least 01 million tonnes per year; new investment projects on air passenger transport business; investment projects on construction of ports, wharves of special seaports, class-I seaports in which investment is at least VND 2.300 billion; investment projects on petroleum processing; projects on investment in and construction of residential housing (for sale, lease or lease purchase) or urban areas that use at least 300 hectares of land or with a population of at least 50,000 people; an investment project falling under the authority to grant approval of investment policies of at least 02 provincial-level People's Committees which are received before the effective date of this Law and considered valid but are not yet processed shall continue to be processed according to the following provisions:

a.1) If the project has been submitted to the Prime Minister for considering and giving approval of investment policy or adjustments thereto before the effective date of this Law, provisions of the Law on Investment No. 61/2020/QH14, as amended in the Law No. 72/2020/QH14, Law No. 03/2022/QH15, Law No. 05/2022/QH15, Law No. 08/2022/QH15, Law No. 09/2022/QH15, Law No. 20/2023/QH15, Law No. 26/2023/QH15, Law No. 27/2023/QH15, Law No. 28/2023/QH15, Law No. 31/2024/QH15, Law No. 33/2024/QH15, Law No. 43/2024/QH15 and Law No. 57/2024/QH15 (hereinafter referred to as “Investment Law No. 61/2020/QH14”) shall apply.

If requirements or conditions for approval of the project’s investment policy or adjustments thereto laid down in the Investment Law No. 61/2020/QH14 are yet to be satisfied, the Ministry of Finance of Vietnam shall transfer the project dossier, appraisal opinions and reports to the relevant provincial People’s Committee for processing within its jurisdiction as prescribed in this Law;

a.2) If the project is yet to be submitted to the Prime Minister for considering and giving approval of investment policy or adjustments thereto before the effective date of this Law, the Ministry of Finance of Vietnam shall transfer the project dossier and appraisal opinions (if any) to the relevant provincial-level People’s Committee for processing within its jurisdiction prescribed in this Law;

a.3) The provincial-level People’s Committee shall be allowed to use the project dossier, appraisal opinions and reports as the basis for considering and giving approval of the project’s investment policy or adjustments thereto in the cases prescribed in sub-points a.1 and a.2 point a of this clause;

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5. Transitional provisions on amendments to the Law on Public Investment:

a) If programs and projects have already undergone formulation and appraisal procedures and been submitted to competent authorities for consideration and grant of investment policy decisions or investment decisions prior to the effective date of this Law, competent authorities shall consider granting decisions in accordance with provisions of the Law on Public Investment No. 58/2024/QH15;

b) Regarding the projects for which decisions on investment policies/investment decisions have been issued before the effective date of this Law, the authorities having the power to issue investment policy decisions/investment decisions and decisions on extension of the time for allocation of capital to projects according to regulations on delegation of power enshrined in this Law shall have the power to make decisions on adjustment/termination of investment policies, adjustment of investment decisions and extension of the time for allocation of capital to such projects, and shall assume responsibility for their issued decisions.

Where the National Assembly’s resolution prescribing the authority to decide adjustment and termination of investment policies for projects of national significance is in force, provisions of the National Assembly’s resolution shall apply;

c) In case proposals for projects using ODA funds and foreign concessional loans have been approved by competent authorities before the effective date of this Law, governing bodies in charge of projects shall follow procedures for adjustment of investment policies for such projects as prescribed in this Law and shall not be required to carry out procedures for adjustment of project proposals.

This Law is ratified by the 15^th National Assembly of the Socialist Republic of Vietnam during its 9^th session held on June 25, 2025.

CHAIRMAN OF THE NATIONAL ASSEMBLY OF VIETNAM




Tran Thanh Man

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