Register an investment PPP project in Vietnam

Public-Private Partnership Investment, commonly known as PPP, is a popular form of investment in many countries around the world, especially in developing countries like Vietnam. However, because these are project related to infrastructure works and public services as well as a contracting party being the State, the procedures and order of applying for an Investment Registration Certificate will differ from normal procedures. For the convenience of your search needs, Viet An Law Firm would like to summarize and provide some legal regulations related to investment registration procedures for PPP project in the following article.

Legal basis

• Law on Public Investment 2019;
• Law on Investment in the form of public-private partnership in 2020 (Law on PPP 2020);
• Decree 35/2021/ND-CP detailing and guiding the implementation of the Law on Investment in the form of public-private partnership in 2020;
• Circular 03/2021/TT-BKHDT stipulates the form of documents and reports related to investment activities in Vietnam, investment from Vietnam to abroad and investment promotion.

Time to register an investment PPP project in Vietnam

After proposing the investment project, the feasibility study report was approved and the parties signed the investment agreement and project contract.

Investment registration dossier for PPP project

• A written request for an Investment Registration Certificate shall be made according to Form No. A.I.6 of Circular 03/2021/TT-BKHDT;
• A valid copy of the pre-feasibility study report, decision on investment policy, project announcement;
• A valid copy of the decision approving the project and the feasibility study report;
• PPP project contract specified in Article 49 of the Law on PPP in 2020, draft project contract as prescribed in Clause 1, Article 47 of the Law on PPP 2020 and draft contracts related to project implementation (if any);
• A valid copy of the written approval of the policy on use of state funding for the project (if any);
• Joint venture contract between investors and draft charter of project enterprise (if any);
• A valid copy of the competent person’s written approval of the results of investor selection for project contract negotiation;
• Bid dossiers and documents clarifying bid dossiers of selected investors;
• Bidding dossiers and documents amending and supplementing bidding dossiers.

Investment registration certificate for PPP project

• Project of national importance; Project for which Ministries, regulatory bodies or authorized agencies of ministries or regulatory bodies are competent state agencies to enter into project contracts; Project implemented in 02 provinces and centrally-run cities or more: Ministry of Planning and Investment;
• For the remaining project: Provincial People’s Committees;
• Group C project: no need to perform this procedure.

Number of dossiers: 05 sets, including 01 original set.

Order of investment registration procedures for PPP project in Vietnam

For project under the jurisdiction of the Ministry of Planning and Investment

Within 02 working days, the Ministry of Planning and Investment will consider the eligibility. If it deems that the dossier needs to be amended, the Ministry will issue a written request for amendment and explain the reason. Within 03 working days from the date of receipt of a valid dossier, the Ministry will send a written request for comments from relevant agencies. Within 07 working days, relevant agencies will comment on the issues asked. After that, the Ministry of Planning and Investment will verify and issue the Investment Registration Certificate.

For project under the competence of provincial People’s Committees

Within 02 working days, the Department of Planning and Investment will consider the eligibility. If it deems that the dossier needs to be amended, the Department will issue a written request for amendment and explain the reason. Within 03 working days from the date of receipt of a valid dossier, the Department will send a written request for comments from relevant agencies. Within 07 working days, relevant agencies will comment on the issues asked. After that, the Department of Planning and Investment shall make a verification report and submit it to the People’s Committee of the province and the People’s Committee of the province will issue the Investment Registration Certificate.

For Other Project

Follow the usual procedure.

Legal services at Viet An Law Firm

• Advising on legal regulations on domestic and foreign investment;
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• Advising on legal regulations, order and procedures for application for Investment Registration Certificate, Business Registration Certificate and related licenses;
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• On behalf of Customers when authorized to carry out procedures at state agencies;
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If you want to learn and need legal advice related to the field of investment and businesses, please contact Viet An Law Firm for further guidance!