Law No. 90/2025/QH15

LAW

LAW AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE LAW ON BIDDING, THE LAW ON INVESTMENT IN THE FORM OF PUBLIC-PRIVATE PARTNERSHIP, THE LAW ON CUSTOMS, THE LAW ON VALUE-ADDED TAX, THE LAW ON EXPORT DUTY AND IMPORT DUTY, THE LAW ON INVESTMENT, THE LAW ON PUBLIC INVESTMENT, THE LAW ON MANAGEMENT AND USE OF PUBLIC PROPERTY

Pursuant to the Constitution of the Socialist Republic of Viet Nam, of which a number of articles have been amended and supplemented under Resolution No. 203/2025/QH15;

The National Assembly promulgates the Law amending and supplementing a number of articles of the Law on Bidding No. 22/2023/QH15, of which a number of articles have been amended and supplemented under Law No. 57/2024/QH15, the Law on Investment in the Form of Public-Private Partnership No. 64/2020/QH14, of which a number of articles have been amended and supplemented under 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, of which a number of articles have been amended and supplemented under Law No. 71/2014/QH13, Law No. 35/2018/QH14 and Law No. 07/2022/QH15, the Law on Value-Added Tax No. 48/2024/QH15, the Law on Export Duty and Import Duty No. 107/2016/QH13, the Law on Investment No. 61/2020/QH14, of which a number of articles have been amended and supplemented under 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, and the Law on Management and Use of Public Property No. 15/2017/QH14, of which a number of articles have been amended and supplemented under 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 and supplements to a number of articles of the Law on Bidding

1. To amend, supplement and annul a number of clauses of Article 2 as follows:

a) To amend and supplement the opening paragraph of Clause 1 as follows:

“1. Contractor selection activities of agencies, organisations and individuals using state budget capital in accordance with the Law on the State Budget, or capital from lawful revenue sources in accordance with law of state agencies and public non-business units, except the cases prescribed in Clauses 7, 8 and 9 of Article 3 of this Law, in order to:”;

b) To annul Clause 2;

c) To amend and supplement Clause 4 as follows:

“4. Organisations and individuals having bidding activities that do not fall into the cases prescribed in Clause 1 and Clause 3 of this Article may decide by themselves to apply the whole or specific articles, clauses and points of this Law.”.

2. To amend and supplement a number of points and clauses of Article 3 as follows:

a) To amend and supplement Clause 1 as follows:

“1. Bidding activities falling within the scope of regulation of this Law must comply with the provisions of this Law and other relevant provisions of law. Where there are different provisions on bidding between this Law and another law promulgated before the effective date of this Law, the provisions of this Law shall apply, except the cases prescribed in Clauses 2, 3, 4, 5, 6, 7,8 and 9 of this Article.”;

b) To amend and supplement the opening paragraph of Clause 7 as follows:

“7. Agencies, organisations and enterprises may decide by themselves on procurement on the basis of ensuring publicity, transparency, efficiency and accountability in the following cases:”;

c) To amend and supplement Point d and to add Point d1 after Point d of Clause 7 as follows:

“d) Contractor selection by state-owned enterprises not using state budget capital, by public non-business units which cover by themselves their recurrent expenditure and investment expenditure, and by public non-business units which cover by themselves their recurrent expenditure without using the state budget;

d1) Contractor selection for the performance of bidding packages of business investment projects prescribed in Clause 3 of Article 2 of this Law; selection of contractors to supply goods, consulting services and non-consulting services directly serving a bidding package for which a public non-business unit has signed a contract;”;

d) To add Clause 8 and Clause 9 after Clause 7 as follows:

“8. For the lump-sum funding portion of a science, technology and innovation task using the whole or part of the state budget, the organisation or individual presiding over the task may decide by itself on the selection of contractors to supply goods and services for the performance of the science, technology and innovation task.

9. For the procurement of goods and services for the performance of science, technology and innovation tasks in the fields of agriculture, forestry and fishery through direct purchase from households and individuals, the organisation or individual presiding over the science, technology and innovation task shall carry out the direct bulk purchase of goods and services from households and individuals.”.

3. To amend and supplement a number of clauses of Article 4 as follows:

a) To amend and supplement Clause 1 as follows:

“1. The procuring entity is the authority competent to approve the investment policy or the authority competent to decide on the organisation of bidding for investor selection; or the unit assigned by the competent authority to organise investor selection.”;

b) To add Clause 2a after Clause 2 as follows:

“2a. The competent authority is the authority approving the investment policy in accordance with the law on investment or the authority deciding on the organisation of bidding for investor selection. For a project falling under the investment policy approval competence of the National Assembly or the Prime Minister, the competent authority is the authority deciding on the organisation of bidding for investor selection.”;

c) To amend and supplement Clause 6 as follows:

“6. Investment projects (hereinafter referred to as projects) in this Law include: programmes, projects and planning tasks in accordance with law.”;

d) To amend and supplement Clause 24 as follows:

“24. The competent person is the person deciding on investment in a project or the head of the agency or unit directly superior to the project owner, in respect of a procurement estimate, in accordance with law. In the case of investor selection, the competent person is the head of the authority competent to approve the investment policy in accordance with the law on investment or of the authority competent to decide on the organisation of bidding for investor selection.”.

4. To amend and supplement Point i of Clause 1 of Article 5 as follows:

“i) For international bidding, a foreign contractor must form a partnership with a domestic contractor or use domestic subcontractors, unless otherwise prescribed by the Government.”.

5. To amend and supplement a number of points and clauses of Article 6 as follows:

a) To amend and supplement Point d of Clause 1 as follows:

“d) The project owner, except the following cases: the contractor is a public non-business unit under a state management agency and has assigned functions and tasks suitable to the nature of the bidding package of that state management agency; the public non-business unit and the enterprise have the same agency directly managing or contributing capital to them; the public non-business units have the same directly managing agency; and the case prescribed in Clause 4a of this Article.”;

b) To amend and supplement Point a of Clause 4 as follows:

“a) Not being under the same directly managing agency or organisation, for public non-business units, except the case prescribed in Point d of Clause 1 of this Article;”.

6. To amend and supplement Clause 3 of Article 7 as follows:

“3. The information prescribed in Clause 1 and Clause 2 of this Article shall be posted on the National Bidding Network System, except information on projects, business investment projects and bidding packages on the list of state secrets.”.

7. To amend and supplement a number of points and clauses of Article 10 as follows:

a) To amend and supplement Point g of Clause 1 as follows:

“g) The contractor is: an individual, an innovative start-up enterprise or an innovative start-up support organisation recognised by a competent authority; an innovation centre; a science and technology enterprise; a science and technology organisation; a research and development centre; an organisation or enterprise granted a certificate of high-technology enterprise, high-technology incubator or high-technology enterprise incubator, or an enterprise newly established from an investment project on manufacturing high-technology products in accordance with the law on science, technology and innovation, the law on high technology and other relevant laws;”;

b) To amend and supplement Point h of Clause 1 as follows:

“h) The contractor employs female labourers, war invalids, persons with disabilities or ethnic minority people;”;

c) To add Point i after Point h of Clause 1 as follows:

“i) High-technology products on the List of high-technology products encouraged for development which are manufactured by high-technology enterprises or by enterprises newly established from investment projects on manufacturing high-technology products recognised in accordance with the law on high technology; products and goods derived from the results of special science, technology and innovation tasks, and products and goods derived from the results of domestic science, technology and innovation tasks in accordance with the law on science, technology and innovation; digital technology products and services satisfying the regulations of the Minister of Science and Technology.”;

d) To amend and supplement Point d of Clause 2 as follows:

“d) To be given priority in the evaluation of capacity, experience, eligibility and other criteria in the course of evaluating bid dossiers;”;

đ) To amend and supplement Point a of Clause 3 as follows:

“a) The subjects prescribed in Points a, b, c, g and i of Clause 1 of this Article shall enjoy preferences as prescribed in Point b or Point c of Clause 2 of this Article when participating in bidding packages for the procurement of goods or mixed bidding packages;”;

e) To add Point c after Point b of Clause 4 as follows:

“c) The investor is: a science and technology enterprise; an innovative start-up enterprise or an innovative start-up support organisation recognised by a competent authority; an innovation centre; an organisation or enterprise that has been granted a certificate of high-technology enterprise, high-technology incubator or high-technology enterprise incubator, or an enterprise newly established from an investment project on manufacturing high-technology products in accordance with the law on high technology; a foreign investor that has committed to transferring technology to domestic investors and partners.”.

8. To amend, supplement and annul a number of points and clauses of Article 11 as follows:

a) To amend and supplement Point c of Clause 1 as follows:

“c) For a bidding package for the provision of consulting services in respect of which the project owner deems it necessary to have the participation of foreign contractors in order to raise the quality of the bidding package or project, the project owner shall decide on and take responsibility for the decision to organise international bidding;”;

b) To annul Point c of Clause 2;

c) To amend and supplement Point đ of Clause 2 as follows:

“đ) The project does not fall into the cases prescribed in Points a, b and d of this Clause and an announcement or notice of invitation for expression of interest in the organisation of international bidding has been made but no foreign investor is interested.”;

d) To add Clause 3 and Clause 4 after Clause 2 as follows:

“3. For projects implemented in areas with restricted land access or in sea areas with restricted use as prescribed by the law on land and relevant laws, the competent person shall decide on the application of international bidding or domestic bidding on the basis of the opinions of the Ministry of National Defence, the Ministry of Public Security, the Ministry of Foreign Affairs and other relevant agencies (if any).

4. For bidding packages of projects in the fields of science, technology, innovation and digital transformation for which domestic bidding is organised, domestic contractors may use subcontractors or special subcontractors being foreign contractors for the specific work portions that domestic contractors are not yet able to perform or for which technology transfer is required.”.

9. To amend, supplement and annul a number of points and clauses of Article 14 as follows:

a) To amend and supplement Point b of Clause 9 as follows:

“b) The contractor or investor commits an act in violation of Article 16 of this Law or violates the law on bidding, leading to the cancellation of the bidding;”;

b) To annul Point c of Clause 10.

10. To amend, supplement and annul a number of points and clauses of Article 16 as follows:

a) To annul Point h and Point k of Clause 6;

b) To amend and supplement the opening paragraph of Clause 7 as follows:

“7. Disclosing documents and information on the process of contractor or investor selection, except the provision of information as prescribed in Point b of Clause 8 and Point g of Clause 9 of Article 77, Clause 11 of Article 78, Clause 4 of Article 80, Clause 4 of Article 81 and Clause 2 of Article 82 of this Law, including:”;

11. To amend, supplement and annul a number of points and clauses of Article 17 as follows:

a) To amend and supplement Point b of Clause 1 as follows:

“b) Changes in the objectives or scope of investment in the approved investment decision, for projects, or changes in the objectives or scope of procurement, for procurement estimates, due to the rearrangement of administrative units or of the state apparatus and other force majeure cases, which alter the work volume or the evaluation criteria already stated in the expression-of-interest invitation dossier, the prequalification invitation dossier, the bidding documents or the request dossier;”;

b) To annul Point d of Clause 1, Point d of Clause 2, and the phrase “d,” in Clause 4.

12. To amend and supplement Clause 1 of Article 20 as follows:

“1. The forms of contractor selection include:

a) Direct contracting, contractor selection in special cases, order placement and direct procurement;

b) Open bidding, competitive offering and limited bidding;

c) Self-implementation, community participation in implementation and price negotiation.”.

13. To amend and supplement Clause 1 of Article 22 as follows:

“1. The bidding package has specific technical requirements which only a number of contractors can satisfy;”.

14. To amend and supplement Article 23 as follows:

“Article 23. Direct contracting

1. Direct contracting shall be applied to assign a single contractor to perform a bidding package of a project or procurement estimate that satisfies one of the following requirements:

a) There is an urgent or emergency requirement for the performance of national defence, security, external relations or national sovereignty protection tasks; for preventing or dealing with the consequences of a force majeure event, protecting the property, health and lives of the people; or for disease prevention and control;

b) There is a requirement for the protection of state secrets;

c) It belongs to a special public investment project; an emergency public investment project; or a nationally important project permitted to apply direct contracting under a resolution of the National Assembly when deciding on the investment policy of the project;

d) There are specific requirements or conditions regarding professional expertise, operations or techniques; research, testing, authorship rights, copyright or warranty, or it is necessary to ensure compatibility in technology, copyright or planning;

đ) There is only one contractor or manufacturer supplying the goods or services on the market;

e) It falls within the limit for the application of direct contracting as prescribed by the Government;

g) It falls into a case of direct contracting as prescribed by the law on management of the branch or field;

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

i) The bidding package needs to have its progress accelerated while ensuring quality and efficiency.

2. The Government shall detail this Article.”.

15. To amend and supplement Article 24 as follows:

“Article 24. Competitive offering

1. Competitive offering shall be applied to bidding packages whose package price is within the limit prescribed by the Government and which fall into one of the following cases:

a) Bidding packages for common and simple non-consulting services;

b) Bidding packages for the procurement of common goods available on the market with standardised technical characteristics and equivalent quality;

c) Bidding packages for the construction and installation of simple works for which construction drawing designs have been approved;

d) Mixed bidding packages for the supply of goods and construction and installation, in which the construction and installation content satisfies Point c of this Clause.

2. For bidding packages applying competitive offering, the bidding documents are not required to provide for evaluation criteria on the capacity and experience of contractors.”.

16. To amend and supplement Clause 1 of Article 29 as follows:

“1. Contractor selection in special cases shall be applied to bidding packages of projects or procurement estimates having one or several specific conditions regarding the process, procedures and criteria for contractor selection, or the conditions for signing and performing the contract; specific features regarding the development of science, technology, innovation and digital transformation; or requirements for ensuring national defence, security, external relations, border and territory, national interests or the performance of national political tasks, which, if one of the forms of contractor selection prescribed in Articles 21, 22, 23, 24, 25, 26, 27, 28 and 29a of this Law were applied, would not meet the requirements for the implementation of the project or bidding package.”.

17. To add Article 29a and Article 29b after Article 29 in Section 1 as follows:

“Article 29a. Order placement

1. Order placement is the form of directly assigning organisations, enterprises or individuals to supply goods and services in the following cases:

a) Public utility products and services, and public non-business services;

b) Goods and services in strategic fields; key and nationally important scientific research projects and tasks, foundational industries, spearhead industries, energy infrastructure, digital infrastructure, green transport, national defence, security, and human resources training associated with technology transfer; key digital technologies;

c) Products and goods derived from the results of special science, technology and innovation tasks in accordance with the law on science, technology and innovation;

d) Goods and services placed under order in accordance with the law on management of the branch or field.

Goods and services placed under order in accordance with the law on management of the branch or field shall comply with the law on management of the branch or field; where the law on management of the branch or field does not provide for the process and procedures, the provisions of the law on bidding shall apply.

2. The Government shall detail this Article.

Article 29b. Principles for applying the forms of contractor selection

1. The project owner shall apply one of the forms of contractor selection prescribed in Clause 1 of Article 20 of this Law in the cases and upon satisfaction of the conditions prescribed in Articles 21, 22, 23, 24, 25, 26, 27, 28, 29 and 29a of this Law.

2. Where a bidding package satisfies the conditions for the application of one of the forms of contractor selection prescribed in Point a and Point c of Clause 1 of Article 20 of this Law but the project owner decides not to apply such forms, one of the forms prescribed in Point b of Clause 1 of Article 20 of this Law may be applied without having to comply with the conditions of the corresponding form.

3. The Government shall detail this Article.”.

18. To amend and supplement Point a of Clause 1 of Article 30 as follows:

“a) Open bidding and limited bidding for bidding packages for the provision of non-consulting services, the procurement of goods, construction and installation, and mixed bidding packages. Where a bidding package satisfies Point b and Point c of Clause 1 and Clause 1a of Article 31 of this Law, the single-stage single-envelope method or the single-stage two-envelope method may be selected for application;”.

19. To amend and supplement a number of points and clauses of Article 31 as follows:

a) To add Point c after Point b of Clause 1 of Article 31 as follows:

“c) Open bidding and limited bidding for bidding packages for the purchase of drugs, medical supplies and medical equipment.”;

b) To add Clause 1a after Clause 1 of Article 31 as follows:

“1a. Where the project owner organises open bidding for a bidding package requiring the use of technologies or products on the List of high technologies prioritised for development investment, the List of high-technology products encouraged for development, or the List of strategic technologies and strategic technology products in accordance with the law on science, technology and innovation and the law on high technology, the method prescribed in this Article may be applied.”.

20. To add Clause 2a after Clause 2 of Article 34 as follows:

“2a. Appointment of investors:

a) The appointment of investors shall be applied to business investment projects that need to be implemented in the following cases: projects proposed by investors in respect of which the investors have the ownership right or the right to use strategic technologies; projects for which it is necessary to continue selecting the previous investor that has deployed digital infrastructure or digital platforms in order to ensure technical compatibility, synchronism and connectivity; business investment projects that need to have their progress accelerated, to promote socio-economic development and to ensure national interests, as proposed by investors in accordance with the Government's regulations;

b) The competent authority shall decide on the application of the form of appointment of investors to the projects prescribed in Point a of this Clause.”.

21. To amend and supplement Article 34a as follows:

“Article 34a. Investor selection in special cases

1. Investor selection in special cases shall be applied to business investment projects having one of the following conditions:

a) There is a requirement for ensuring national defence, security, external relations, border and territory, national interests or the performance of national political tasks;

b) There is a requirement to place orders or to assign tasks for the implementation of projects in strategic fields, or key and nationally important development investment projects in the field of science, technology and innovation;

c) There are specific requirements regarding investment procedures, investor selection, procedures for land allocation, land lease or allocation of sea areas, or other specific conditions which, if one of the forms of investor selection prescribed in Clauses 1, 2 and 2a of Article 34 of this Law were applied, would not meet the requirements for the implementation of the project.

2. The competent authority shall decide on the application of the form of investor selection in special cases prescribed in Clause 1 of this Article.

3. The Government shall detail this Article.”.

22. To amend, supplement and annul a number of clauses of Article 40 as follows:

a) To amend and supplement Point c of Clause 1 as follows:

“c) The work portion under the contractor selection plan, including the work contents and the corresponding values forming the bidding packages to be performed under one of the forms of contractor selection prescribed in Articles 21, 22, 23, 24, 25, 26, 27, 28, 29 and 29a of this Law;”;

b) To amend and supplement Clause 2 as follows:

“2. Competence to approve contractor selection plans:

The project owner shall organise the formulation and approval of the contractor selection plan. For bidding packages subject to advance bidding as prescribed in Article 42 of this Law or bidding packages that need to be performed before the project approval decision is issued, where the project owner has not yet been determined, the head of the unit assigned to prepare the project shall organise the formulation and approval of the contractor selection plan.”;

c) To annul Clause 3.

23. To amend, supplement and annul a number of clauses of Article 41 as follows:

a) To amend and supplement Point c of Clause 1 as follows:

“c) The work portion under the contractor selection plan, including the work contents and the corresponding values forming the bidding package to be performed under one of the forms of contractor selection prescribed in Articles 21, 22, 23, 24, 25, 26, 27, 28, 29 and 29a of this Law;”;

b) To amend and supplement Clause 2 as follows:

“2. The contractor selection plan shall be approved according to the competence prescribed in Clause 2 of Article 40 of this Law.”;

c) To annul Clause 3.

24. To amend and supplement a number of points of Clause 3 of Article 42 as follows:

a) To amend and supplement Point a as follows:

“a) Formulating and approving the contractor selection plan;”;

b) To amend and supplement Point c as follows:

“c) Formulating, appraising (if any) and approving the bidding documents;”.

25. To amend and supplement Article 43 as follows:

“Article 43. Process and procedures for contractor selection

1. The process and procedures for contractor selection comprise one or several of the following works:

a) Preparation for contractor selection;

b) Organisation of contractor selection;

c) Evaluation of bid dossiers and proposal dossiers;

d) Contract negotiation and negotiation on the contractor's proposals;

đ) Submission, appraisal, approval and publicisation of contractor selection results, and explanation of the reasons for a contractor's failure to win the bid at the request of the contractor (if any);

e) Finalisation, signing and management of the performance of the contract.

For the form of direct contracting, in the course of negotiating and finalising the contract, the project owner and the contractor shall negotiate the price so as to ensure that the proposed winning bid price is economical and economically efficient.

2. The Government shall detail this Article.”.

26. To amend and supplement Article 44 as follows:

“Article 44. Contents of bidding documents for contractor selection

1. Bidding documents shall comprise the requirements for the bidding package regarding instructions to bidders, evaluation criteria, the draft contract and other contents.

2. Bidding documents may state the origin by group of countries or territories and other standards prescribed by the Government in order to ensure the quality of goods, services and works.

3. Bidding documents must not state conditions that lead to restricting the participation of contractors or that aim to create advantages for one or several contractors, thereby causing unequal competition.

4. The Government shall detail this Article.”.

27. To amend and supplement Article 45 as follows:

“Article 45. Time for organising contractor selection

1. The time for organising contractor selection is prescribed as follows:

a) The time for preparing expression of interest dossiers, prequalification application dossiers and bid dossiers shall be counted from the first day on which the expression of interest request documents, prequalification documents or bidding documents are issued to the date of the bid closing time;

b) The amendment of the expression of interest request documents, prequalification documents or bidding documents shall be carried out before the date of the bid closing time;

c) The expression of interest request documents, prequalification documents and bidding documents shall be issued concurrently with the notice of invitation for expressions of interest, the notice of invitation for prequalification and the notice of invitation for bids.

2. For work other than that prescribed in Clause 1 of this Article, the project owner shall be responsible for deciding the time for performance on the basis of ensuring the schedule of the project or the bidding package.

3. The Government shall detail Clause 1 of this Article.”.

28. To amend and supplement Clause 2 of Article 48 as follows:

“2. Bidding documents must not state conditions that lead to restricting the participation of investors or that aim to create advantages for one or several investors, thereby causing unequal competition.”.

29. To amend and supplement Clause 2 of Article 50 as follows:

a) To amend and supplement Point b as follows:

“b) Preparing, appraising (if any) and approving prequalification documents, expression of interest request documents, bidding documents and requests for proposals;”;

b) To amend and supplement Point đ as follows:

“đ) Evaluating prequalification application dossiers, expression of interest dossiers, bid dossiers and proposal dossiers, inviting contract negotiation, appraising (if any) and approving the contractor selection results;”.

30. To amend and supplement a number of clauses of Article 53 as follows:

a) To amend and supplement Clause 3 as follows:

“3. The form of contractor selection for bidding packages applying centralised procurement shall comply with the Government's regulations.”;

b) To amend and supplement Clause 7 as follows:

“7. The Government shall detail this Article and provide for the consolidation of the centralised procurement demand of private medical examination and treatment establishments and of health establishments being public non-business units that cover their own recurrent and investment expenditures, and public non-business units that cover their own recurrent expenditures.”.

31. To amend and supplement Clause 3 of Article 55 as follows:

“3. Where private medical examination and treatment establishments, or health establishments being public non-business units that cover their own recurrent and investment expenditures or public non-business units that cover their own recurrent expenditures, do not choose to apply the provisions of this Law to the purchase of medicines, chemicals, testing supplies and medical equipment, payment from the health insurance fund shall comply with the Government's regulations.”.

32. To amend and supplement Article 57 as follows:

“Article 57. Provision of public products and services

In addition to the forms of contractor selection prescribed in Chapter II of this Law, the selection of suppliers of public products and services and of other goods and services shall be carried out in the form of task assignment in accordance with the Government's regulations.”.

33. To amend and supplement a number of points and clauses of Article 58 as follows:

a) To amend and supplement Point a of Clause 3 as follows:

“a) The method combining technical aspects and price may be applied to the bidding packages prescribed at Point b and Point c of Clause 1 and in Clause 1a of Article 31 of this Law;”;

b) To add Clause 3a following Clause 3 as follows:

“3a. The technique-based method:

a) The technique-based method may be applied to bidding packages requiring the use of technologies or products on the List of strategic technologies and strategic technology products in accordance with the law on science, technology and innovation and the law on high technology;

b) A contractor whose bid dossier satisfies the technical requirements and attains the highest technical score shall be ranked first and be invited to the opening of the financial proposal, serving as a basis for contract negotiation.”;

c) To amend and supplement Clause 4 as follows:

“4. For criteria for evaluating capacity and experience, the pass/fail criterion shall be used. For technical evaluation criteria, the scoring method or the pass/fail criterion shall be used. For the method combining technical aspects and price and the technique-based method prescribed in Clause 3 and Clause 3a of this Article, the scoring method shall be used to formulate the technical evaluation criteria. Where the scoring method is used, the minimum required technical score must be prescribed at not lower than 70% of the total technical score.”.

34. To amend and supplement Point đ and Point e of Clause 1 of Article 61 as follows:

“đ) For the lowest-price method: having the lowest bid price after error correction and deviation adjustment (if any), minus the discount value (if any); for the evaluated-price method: having the lowest evaluated price; for the method combining technical aspects and price: having the highest combined score; for the technique-based method: having the highest technical score;

e) Having a proposed winning bid price not exceeding the approved bidding package price. For construction and installation bidding packages, where a contractor offers a bid price that is abnormally low compared with the bidding package price, the project owner shall request the contractor to explain and clarify the feasibility and reasonableness of the offered bid price to serve as a basis for evaluating it as satisfactory or for rejecting the bid dossier in accordance with the Government's regulations.”.

35. To amend and supplement a number of points and clauses of Article 62 as follows:

a) To amend and supplement Point a and to add Point a1 following Point a of Clause 2 as follows:

“a) The criteria for evaluating the capacity of an investor include: the ability to arrange owner's equity, except for the case prescribed at Point a1 of this Clause; the ability to mobilise loan capital and other lawful capital sources.

In the case of a partnership, the capacity of the investor shall be determined as the total capacity of the partnership members; the leading member of the partnership must have a minimum owner's equity contribution ratio of 30%, and each member of the partnership must have a minimum owner's equity contribution ratio of 15%;

a1) The following investors are not required to prove their ability to arrange owner's equity: science and technology enterprises, innovative start-up enterprises, innovation centres and organisations supporting innovative start-ups in accordance with the law on science, technology and innovation; high-technology incubators, high-technology enterprise incubators, high-technology enterprises and enterprises newly established from investment projects manufacturing high-technology products in accordance with the law on high technology;”;

b) To add Clauses 4a, 4b and 4c following Clause 4 as follows:

“4a. Where a project applies international investor selection, a foreign investor that undertakes to transfer technology to domestic investors or partners shall enjoy incentives in the evaluation of bid dossiers.

4b. For a business investment project proposed by an investor that applies the form of investor designation, the investor's proposal shall be evaluated by the pass/fail method on the basis of the evaluation criteria prescribed at Point a and Point c of Clause 2 of this Article.

4c. Where, after the evaluation of bid dossiers, two or more investors have equal combined scores, priority shall be given to the investor having experience in implementing similar projects.

Investors being the organisations or enterprises prescribed at Point a1 of Clause 2 of this Article may use projects or works directly implemented by themselves in which the technology has been successfully put into trial operation to prove their experience in implementing similar projects when participating in bidding.”.

36. To amend and supplement Point c of Clause 2 of Article 68 as follows:

“c) The contractor performing a bidding package whose bidding package price falls within the direct contracting limit.”.

37. To amend and supplement Clause 4 of Article 70 as follows:

“4. Where the amendment of a contract changes the contract performance period but does not exceed the project implementation period, or exceeds the approved bidding package price (including provisions) but does not exceed the total investment or the procurement estimate, the project owner shall consider and decide it. The contract price after adjustment must be ensured not to exceed the total investment or the procurement estimate. Where a project or a procurement estimate comprises many bidding packages, the total contract price after adjustment must be ensured not to exceed the total investment or the procurement estimate.”.

38. To amend and supplement a number of points and clauses of Article 78 as follows:

a) To amend and supplement Point a of Clause 1 as follows:

“a) The contractor selection plan;”;

b) To add Clause 1a and Clause 1b following Clause 1 as follows:

“1a. Responding to requests for clarification of expression of interest request documents, prequalification documents, bidding documents and requests for proposals.

1b. Requesting contractors to clarify their expression of interest dossiers, prequalification application dossiers, bid dossiers and proposal dossiers in the course of evaluating dossiers.”;

c) To amend and supplement Clause 2 as follows:

“2. Organising the appraisal of the contents prescribed at Points b, c and d of Clause 1 of this Article (if any).”;

d) To amend and supplement Clause 4 as follows:

“4. Deciding on the establishment of an expert team satisfying the provisions of Article 19 of this Law where no consultancy unit is hired to prepare expression of interest request documents, prequalification documents, bidding documents or requests for proposals, or to evaluate expression of interest dossiers, prequalification application dossiers, bid dossiers or proposal dossiers.”;

đ) To amend and supplement Clause 12 as follows:

“12. Being liable before the law and before the competent person for the following contents:

a) The approval of the contractor selection plan;

b) The preparation and organisation of contractor selection; the signing and management of the performance of contracts with contractors;

c) The schedule, quality and efficiency of the bidding package.”;

e) To amend and supplement Clause 13 as follows:

“13. Negotiating (if any) and finalising contracts with contractors, managing contract performance (if any); negotiating (if any) and finalising framework agreements with contractors, managing the performance of framework agreements (if any) for centralised procurement applying framework agreements.”;

g) To add Clause 13a following Clause 13 as follows:

“13a. Approving or not approving the transfer of the volume and scope of work of a subcontractor to another organisation or unit where it is necessary to meet the requirements on the schedule and quality of the bidding package upon the proposal of the main contractor.”.

39. To amend, supplement and annul a number of points and clauses of Article 79 as follows:

a) To annul Clause 1;

b) To amend and supplement the opening paragraph of Clause 2 as follows:

“2. For investor selection, the procuring entity has the following responsibilities:”;

c) To add Point k1 following Point k of Clause 2 as follows:

“k1) Providing information on the National Bidding Network System; providing relevant information and documents and explaining the performance of the responsibilities prescribed in this Clause at the request of the competent person, inspection and examination agencies, or state management agencies in charge of bidding activities;”.

40. To add a number of clauses to Article 80 as follows:

a) To add Clause 1a preceding Clause 1 as follows:

“1a. Being honest and objective in carrying out the performance of tasks.”;

b) To add Clause 2a following Clause 2 as follows:

“2a. Submitting for approval prequalification documents, expression of interest request documents, requests for proposals, bidding documents, the results of short list selection and the contractor selection results.”.

41. To add Clause 4a following Clause 4 of Article 82 as follows:

“4a. Managing and controlling the volume and scope of work of the bidding package performed by subcontractors; reporting to the project owner on the transfer of the volume of work of subcontractors to other organisations or units where it is necessary to meet the requirements on the schedule and quality of the bidding package.”.

42. To amend and supplement Point đ of Clause 2 of Article 84 as follows:

“đ) Examining and supervising bidding activities;”.

43. To amend and supplement a number of points and clauses of Article 86 as follows:

a) To amend and supplement Point b of Clause 2 as follows:

“b) The examination of bidding activities shall be carried out with respect to one or more of the following activities: the promulgation of documents guiding and directing bidding work; the organisation of bidding activities; the activities prescribed at Point d of Clause 7 of Article 3 of this Law; other activities related to bidding activities;”;

b) To amend and supplement Point c of Clause 3 as follows:

“c) State management agencies in charge of bidding under ministries, sectors and localities shall carry out regular supervision of bidding activities with respect to bidding packages of projects, business investment projects and procurement estimates in their areas or fields of management, and the activities prescribed at Point d of Clause 7 of Article 3 of this Law;”;

c) To amend and supplement Point đ of Clause 3 as follows:

“đ) The supervision of bidding activities shall be carried out with respect to one or more of the following contents: prequalification documents, expression of interest request documents, bidding documents and requests for proposals; the evaluation of prequalification application dossiers, expression of interest dossiers, bid dossiers, proposal dossiers and dossiers of registration for project implementation; the process of organising contractor and investor selection; the application of forms of contractor and investor selection; bidding packages and projects applying the form of direct contracting, investor designation and contractor or investor selection in special cases; the performance of bidding work by project owners and procuring entities; the satisfaction of the requirements on the schedule, quality and results of the performance of bidding packages and business investment projects by contractors and investors;”.

44. To amend and supplement a number of clauses of Article 89 as follows:

a) To amend and supplement Clause 1 as follows:

“1. Where they consider that their lawful rights and interests are affected, contractors, investors, agencies and organisations may petition the competent person, the project owner or the procuring entity to reconsider matters arising in the course of contractor or investor selection and the results of contractor or investor selection.”;

b) To add Clause 4 and Clause 5 following Clause 3 as follows:

“4. For the results of contractor or investor selection, the settlement of petitions shall be carried out by the project owner, the procuring entity and the Petition Settlement Council.

5. The Government shall detail the conditions for considering and settling petitions and the process for settling petitions; the composition, responsibilities and operation of the Petition Settlement Council.”.

45. To annul Clause 2 of Article 21; Clause 9 of Article 39; Point b of Clause 2 of Article 76; Clause 2 and Clause 3, the word “d,” in Clause 5, and the phrase “2, 3,” in Clause 8 of Article 77; Articles 90, 91, 92 and 93.

46. To annul the phrase “, the procuring entity” at Point b of Clause 4 and in Clause 4a of Article 6; Point c of Clause 1 of Article 15; Point a of Clause 3 of Article 32; Point a of Clause 3 of Article 33; Point b of Clause 1 of Article 55; Point b of Clause 8 of Article 77.

47. To annul the phrase “, requests for proposals” at Point a of Clause 2 of Article 6.

48. To annul the phrase “, the head of the state enterprise or of the enterprise in which a state enterprise holds 100% of charter capital” at Point c of Clause 2 of Article 53; the phrase “, enterprises” in Clause 4 of Article 53.

49. To annul the phrases “the competent person,” and “the overall contractor selection plan, the contractor selection plan;” in Clause 2 of Article 19.

50. To replace the phrase “the procuring entity” with the phrase “the project owner” in Clauses 19, 20 and 22 of Article 4; Point b of Clause 1 of Article 8; Point đ of Clause 9 of Article 14.

51. To replace the phrase “the procuring entity” with the phrase “the project owner, the procuring entity” in Clause 21 and Clause 23 of Article 4; Clause 3 of Article 9; Clause 6 and Clause 8 of Article 14; Point c of Clause 3 and Point b of Clause 7 of Article 16; Clause 5 of Article 51; Clause 2 of Article 80; Clause 1 of Article 82.

52. To replace the phrase “the procuring entity” with the phrase “the procuring entity, the expert team” in Clause 2 of Article 81.

53. To replace the phrase “the Ministry of Planning and Investment” with the phrase “the Ministry of Finance” in Clause 2 of Article 84, Point c of Clause 3 and Clause 4 of Article 87.

Article 2. Amendments and supplements to a number of articles of the Law on Investment in the Form of Public-Private Partnership

1. To amend and supplement a number of clauses of Article 3 as follows:

a) To amend and supplement Clause 1 and Clause 2 as follows:

“1. A pre-feasibility study report or a report proposing the investment policy is a document presenting the contents of preliminary research on the necessity, feasibility and efficiency of an investment project in the form of public-private partnership (hereinafter referred to as a PPP project), serving as a basis for the competent authority to decide on the investment policy.

2. A feasibility study report or an economic - technical report on construction investment is a document presenting the contents of research on the necessity, feasibility and efficiency of a PPP project, serving as a basis for the competent authority to approve the project.”;

b) To amend and supplement Clause 8 as follows:

“8. A PPP project enterprise is an enterprise established by an investor for the purpose of signing and performing a PPP project contract.”.

2. To amend and supplement a number of points and clauses of Article 4 as follows:

a) To amend and supplement Clause 1 as follows:

“1. Investment projects in the PPP form shall be implemented in public investment sectors and fields for the purpose of investing in and constructing works and infrastructure systems and providing public services.”;

b) To amend and supplement Point e of Clause 2 as follows:

“e) The project does not fall into the cases subject to a decision on the investment policy as prescribed in Clauses 3, 4 and 5 of Article 11 of this Law.”.

3. To amend and supplement a number of points and clauses of Article 5 as follows:

a) To amend and supplement Point b of Clause 2 as follows:

“b) Agencies and units assigned by the competent authority to sign contracts in accordance with Clause 4 of this Article.”;

b) To amend and supplement Clause 3 and Clause 4 and to add Clause 5 following Clause 4 as follows:

“3. The determination of the competent authority where a project falls within the scope of management of several competent authorities prescribed in Clause 1 of this Article, or where the competent authority is changed, shall comply with the Government's regulations.

4. A competent authority may assign its attached agencies or units to act as the agency signing PPP project contracts falling under its competence.

5. The Government shall detail this Article.”.

4. To amend and supplement Point a and Point b of Clause 1 of Article 9 as follows:

“a) Information on the decision on the investment policy (if any) and the decision approving the PPP project;

b) Information on investor selection, including: the notice of invitation for bids and the results of investor selection;”.

5. To amend and supplement a number of points and clauses of Article 10 as follows:

a) To amend and supplement Clause 2 as follows:

“2. Approving a PPP project when there is no investment policy; approving a project that is inconsistent with the investment policy; approving a project ultra vires or in contravention of the order and procedures prescribed by this Law, except PPP projects not falling into the cases subject to a decision on the investment policy.”;

b) To amend and supplement Point b of Clause 4 as follows:

“b) Participating in the preparation of the bidding documents while also participating in the appraisal thereof, or participating in the evaluation of bid dossiers while also participating in the appraisal of the results of investor selection for the same project;”;

c) To amend and supplement Point a and Point b of Clause 5 as follows:

“a) The contents of the bidding documents prior to the time of their issuance as prescribed, except where the project must be subject to market surveys or prior consultation with investors for the preparation of the bidding documents;

b) The contents of bid dossiers, reports of the procuring entity, reports of the expert team, appraisal reports, reports of consultancy contractors and reports of relevant specialised agencies in the course of investor selection, and the results of investor selection before they are publicised as prescribed;”.

6. To amend and supplement Article 11 as follows:

“Article 11. The PPP project process

1. For PPP projects falling under the competence of the National Assembly or the Prime Minister to decide on the investment policy, the PPP project process shall be carried out as follows:

a) Preparing and appraising the pre-feasibility study report for submission to the National Assembly or the Prime Minister for a decision on the investment policy;

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

c) Selecting the investor; signing and performing the project contract.

2. Except for the projects prescribed in Clauses 1, 3, 4 and 5 of this Article, the PPP project process shall be carried out as follows:

a) Preparing and appraising the report proposing the investment policy and deciding on the investment policy;

b) Preparing and appraising the feasibility study report or the economic - technical report on construction investment for PPP projects falling into the cases of preparing an economic - technical report on construction investment; approving the project;

c) Selecting the investor; signing and performing the PPP project contract.

3. The following projects are not required to carry out the procedures for deciding on the investment policy prescribed at Point a of Clause 2 of this Article:

a) PPP projects not using state capital as prescribed in Articles 70, 71 and 72 of this Law (hereinafter referred to as PPP projects not using state capital);

b) PPP projects on science, technology and innovation in accordance with the law on science, technology and innovation (hereinafter referred to as science and technology PPP projects);

c) PPP projects applying high technology in accordance with the law on high technology, or applying new technology in accordance with the law on technology transfer;

d) Projects applying the O&M contract type;

đ) Projects applying the BT contract type with payment in land funds.

Where the projects prescribed in this Clause need to carry out the procedures for deciding on the investment policy to serve as a basis for carrying out procedures in accordance with the law on land, the law on forestry and relevant laws, the PPP project process shall be carried out in accordance with Clause 2 of this Article.

4. For PPP projects proposed by investors that do not use state capital, or in which the investor has ownership of or the right to use technologies on the list of strategic technologies and strategic technology products in accordance with the law on science, technology and innovation and the law on high technology, and which fall into the cases of investor designation prescribed in Clause 1 of Article 39 of this Law, except the projects prescribed in Clause 1 of this Article, the PPP project process shall be carried out as follows:

a) The investor prepares the feasibility study report enclosed with the capacity dossier and the draft contract;

b) The competent authority organises the appraisal of the feasibility study report and approves the project and the results of investor designation;

c) Signing and performing the project contract.

5. For projects applying the BT contract type without a payment requirement, the PPP project process shall be carried out as follows:

a) The investor proposes the project and prepares the feasibility study report enclosed with the draft contract;

b) The competent authority organises the appraisal of the feasibility study report and approves the project and the draft contract;

c) Signing and performing the project contract; organising the supervision of the construction and execution of the works and the acceptance of completed works in accordance with the law on construction as prescribed for public investment projects.

Projects prescribed in this Clause are not required to select an investor in accordance with Chapter III and are not required to carry out the contents related to the implementation of the project contract in Articles 53, 54, 58, 59, 61, 62, 63, 64, 65 and 66 of this Law.

6. Where a PPP project includes a construction work for which an architectural design competition must be held, the organisation of the competition shall be considered and approved in the investment policy decision prescribed in Clause 1 or Clause 2 of this Article. For a project that is not subject to an investment policy decision, the competent authority shall organise the architectural design competition during the period of formulating the feasibility study report of the PPP project. The organisation of the architectural design competition shall comply with the law on architecture.

7. A public investment project under a public investment plan that is considered for conversion into a PPP project shall, based on the importance, scale and nature of the project, follow the process prescribed in Clauses 1, 2, 3, 4 and 5 of this Article.

8. The Government shall detail this Article.”.

7. To amend and supplement Article 12 as follows:

“Article 12. Competence to decide on the investment policy of PPP projects

1. The National Assembly shall decide on the investment policy of PPP projects that meet the criteria for classification as projects of national importance under the law on public investment, except nuclear power plant projects.

2. The Prime Minister shall decide on the investment policy of nuclear power plant projects.

3. Except for the projects prescribed in Clause 1 and Clause 2 of this Article, Ministers, heads of central agencies and other agencies shall decide on the investment policy of the following PPP projects:

a) Projects using state capital that fall within the management scope of the Ministry, central agency or other agency;

b) Projects applying the BT contract type paid from the state budget that fall within the management scope of the Ministry, central agency or other agency.

4. Except for the projects prescribed in Clauses 1, 2 and 3 of this Article, provincial-level People's Councils shall decide on the investment policy of the following PPP projects:

a) Group A projects under the law on public investment that use state capital and fall within the management scope of the locality;

b) Projects prescribed in Clause 3 Article 5 of this Law that are assigned to that locality as the competent authority and are Group A projects under the law on public investment using state capital;

c) Projects applying the BT contract type paid from the state budget with a total investment equivalent to Group A projects under the law on public investment, using public investment capital to pay the investor.

5. Provincial-level People's Committees shall decide on the investment policy of the following PPP projects:

a) Projects within the management scope of the locality with a total investment equivalent to Group B or Group C projects under the law on public investment that use state capital;

b) Projects prescribed in Clause 3 Article 5 of this Law that are assigned to that locality as the competent authority, with a total investment equivalent to Group B or Group C projects under the law on public investment that use state capital;

c) Projects applying the BT contract type paid from state budget revenues collected after the auction of land use rights or public property, with respect to land funds and public property within the management scope of the locality;

d) Projects applying the BT contract type paid from the state budget with a total investment equivalent to Group B or Group C projects under the law on public investment, using public investment capital to pay the investor.

6. In case of adjustment of the investment policy of a PPP project, the competence to decide on the adjustment of the investment policy of the PPP project shall comply with Clause 2 Article 18 of this Law.”.

8. To amend and supplement Article 13 as follows:

“Article 13. Order of deciding on the investment policy of PPP projects

1. The order of deciding on the investment policy of PPP projects falling within the competence of the National Assembly is prescribed as follows:

a) The PPP project preparation unit shall prepare a pre-feasibility study report to serve as a basis for the competent authority to submit it to the Government;

b) A State Appraisal Council shall be established to appraise the pre-feasibility study report;

c) The Government shall complete the dossier and submit it to the National Assembly for consideration and decision;

d) An agency of the National Assembly shall verify the dossier submitted by the Government;

đ) The National Assembly shall consider and adopt a resolution on the investment policy of the project, comprising: objectives; expected scale and location; project implementation duration; demand for the use of land and other resources (if any); expected type of PPP project contract; preliminary total investment; preliminary financial plan; capital structure of the project; expected price and fee bracket for public products and services for projects applying the mechanism of collecting fees directly from users; investment guarantee mechanism and mechanism for sharing revenue decrease (if any); name of the competent authority.

2. The Government shall prescribe the order of deciding on the investment policy of PPP projects falling within the competence of the Prime Minister, Ministers, heads of central agencies and other agencies, provincial-level People's Councils and provincial-level People's Committees.”.

9. To amend and supplement Point b Clause 1 Article 14 as follows:

“b) Conformity with the sectors and fields prescribed in Clause 1 Article 4 of this Law; obtaining opinions of the Ministry of National Defence and the Ministry of Public Security for projects in the sectors and fields of national defence, security and social order and safety;”.

10. To amend and supplement Clause 3 Article 18 as follows:

“3. The Government shall prescribe the order of and procedures for adjusting the investment policy of PPP projects.”.

11. To amend and supplement Article 21 as follows:

“Article 21. Competence to approve PPP projects

1. Ministers, heads of central agencies and other agencies, or persons decentralised with competence under Clause 3 of this Article, shall approve PPP projects within their management scope, including:

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

b) Projects not using state capital, except projects falling within the competence of the National Assembly to decide on the investment policy;

c) Projects applying the O&M contract type; projects applying the BT contract type paid with land funds; projects applying the BT contract type requiring no payment;

d) Science and technology PPP projects, projects applying high technology under the law on high technology, and projects applying new technology under the law on technology transfer.

2. Chairpersons of provincial-level People's Committees, or persons decentralised with competence under Clause 3 of this Article, shall 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 that fall within the management scope of the locality.

3. The Government shall detail this Article.”.

12. To amend and supplement Clause 3 Article 24 as follows:

“3. The competence to approve adjustments to PPP projects shall comply with Article 21 of this Law. The Government shall prescribe the order of and procedures for adjusting PPP projects.”.

13. To amend and supplement Article 26 as follows:

“Article 26. Conditions for and order of preparing PPP projects proposed by investors

1. A PPP project proposed by an investor must satisfy the following conditions:

a) Conformity with the conditions for selecting projects for investment under the PPP method prescribed in Points a, b, c and d Clause 1 Article 14 of this Law;

b) Not overlapping with a PPP project for which the competent authority is organising the preparation of a pre-feasibility study report or for which another investor has been accepted to prepare a pre-feasibility study report;

c) Conformity with the socio-economic development plan and relevant plannings under the law on planning that have been decided or approved by competent authorities.

2. The Government shall detail the order of preparing PPP projects proposed by investors.”.

14. To amend and supplement Clause 3 Article 28 as follows:

“3. The selection of investors according to the process prescribed in Clause 1 of this Article on the National Bidding Network System shall be carried out under a roadmap prescribed by the Government.”.

15. To amend and supplement Clause 3 Article 30 as follows:

“3. Consultancy on the preparation and appraisal of bidding documents; evaluation and appraisal of investor selection results;”.

16. To amend and supplement Article 31 as follows:

“Article 31. Selection of domestic investors and international investors

1. The selection of domestic investors shall be carried out through the forms prescribed in Articles 37, 38, 39 and 40 of this Law, in which only investors established under Vietnamese law (hereinafter referred to as domestic investors) may participate.

2. The selection of international investors shall be carried out through the forms prescribed in Articles 37, 38, 39 and 40 of this Law, in which both investors established under foreign law (hereinafter referred to as foreign investors) and domestic investors may participate.

3. The selection of international investors shall apply to PPP projects, except in the following cases:

a) Projects in sectors and trades to which market access has not yet been granted to foreign investors under the law on investment;

b) Projects that must undergo domestic bidding due to requirements for ensuring national defence and security and protecting state secrets;

c) Projects with a total investment equivalent to Group B or Group C projects under the law on public investment, except science and technology PPP projects that require the attraction of foreign investors;

d) Projects not falling under the cases prescribed in Points a, b and c of this Clause for which a survey has been conducted but no foreign investor is interested.

4. For projects implemented in areas with restricted land access or sea areas with restricted use under the law on land and relevant laws, the competent authority shall decide on the application of international investor selection or domestic investor selection on the basis of opinions of the Ministry of National Defence, the Ministry of Public Security and the Ministry of Foreign Affairs.”.

17. To amend and supplement Points a, b and c Clause 1 Article 34 as follows:

“a) All bid dossiers fail to meet the requirements of the bidding documents;

b) There is a change in the objectives or scale stated in the bidding documents;

c) The bidding documents fail to comply with this Law or other relevant provisions of law, leading to the selected investor failing to meet the requirements for implementing the project;”.

18. To amend and supplement Point b Clause 2 Article 36 as follows:

“b) Bases: the investment policy decision (if any); the project approval decision; the bidding documents; the bid dossier; the investor selection results; the contract signed with the selected investor; the actual situation of project implementation.”.

19. To amend and supplement a number of points and clauses of Article 39 as follows:

a) To add Points c, d and đ following Point b of Clause 1 as follows:

“c) Projects proposed by investors where the investor holds ownership or use rights over strategic technology;

d) Projects for which it is necessary to continue selecting the investor that previously deployed digital infrastructure or digital platforms in order to ensure technical compatibility, uniformity and connectivity;

đ) Projects that need to be accelerated so as to promote socio-economic development and ensure national interests, proposed by investors and approved by the authority competent to approve the project.”;

b) To amend and supplement Clause 2 as follows:

“2. The authority competent to approve the project shall decide on the appointment of the investor for the projects prescribed in Clause 1 of this Article.

Before deciding to apply the form of investor appointment to the projects prescribed in Point a Clause 1 of this Article, the competent authority shall obtain written opinions of the Ministry of National Defence and the Ministry of Public Security on the requirements for ensuring national defence and security and protecting state secrets.”;

c) To add Clause 3 following Clause 2 as follows:

“3. The Government shall detail this article.”.

20. To amend and supplement Article 40 as follows:

“Article 40. Investor selection in special cases

1. Investor selection in special cases shall apply to PPP projects meeting one of the following conditions:

a) There is a requirement to ensure national interests or to perform national political tasks;

b) There is a requirement to place orders or assign tasks for implementing projects in strategic fields, or key national development investment projects in the fields of science, technology and innovation;

c) There are particular requirements regarding investment procedures or investor selection, or other particular conditions under which the application of the forms of investor selection prescribed in Articles 37, 38 and 39 of this Law would fail to meet the requirements for implementing the project.

2. The competent authority shall decide on the application of the form of investor selection in special cases prescribed in this Clause.

3. The Government shall detail this Article.”.

21. To amend and supplement a number of clauses of Article 42 as follows:

a) To amend and supplement Clause 1 as follows:

“1. The evaluation of an investor's capacity shall be carried out on a pass or fail basis according to the criteria in the bidding documents:

a) The ability to arrange owner's equity, except for the case prescribed in Clause 1a of this Article;

b) The ability to mobilise loan capital and other lawful capital sources.

In case of a partnership, the capacity of the investor shall be determined as the total capacity of the partnership members. The leading member of the partnership must have a minimum owner's equity contribution ratio of 30%, and each member of the partnership must have a minimum owner's equity contribution ratio of 15%.”;

b) To add Clause 1a following Clause 1 as follows:

“1a. The following investors are not required to prove their ability to arrange owner's equity: science and technology enterprises and innovative start-up enterprises; innovation centres and organisations supporting innovative start-ups under the law on science, technology and innovation; high-technology incubators, high-technology enterprise incubators, high-technology enterprises and enterprises newly established from investment projects manufacturing high-technology products under the law on high technology.”;

c) To add Clauses 3a, 3b and 3c following Clause 3 as follows:

“3a. Where a science and technology PPP project applies international investor selection and the foreign investor commits to transferring technology to domestic investors or partners, it shall enjoy incentives in the evaluation of bid dossiers.

3b. For projects proposed by investors and applying the form of investor appointment, the investor's proposal shall be evaluated on a pass or fail basis according to capacity and financial-commercial criteria.

3c. Where, after the evaluation of bid dossiers, two or more investors have equal financial-commercial proposals, priority shall be given to the investor with experience in implementing similar projects.

Investors being the organisations and enterprises prescribed in Clause 1a of this Article may use the projects and works directly implemented by themselves whose technology has been successfully put into trial operation to prove their experience in implementing similar projects when participating in bidding.”.

22. To amend and supplement a number of clauses of Article 44 as follows:

a) To amend and supplement Clause 1 as follows:

“1. After the decision approving the investor selection results is issued, the investor shall establish a PPP project enterprise in the form of a limited liability company or a joint-stock company that is not a public company in order to sign and perform the PPP project contract, except for the case prescribed in Clause 4 of this Article. The enterprise registration dossier shall comprise the contents prescribed by the law on enterprises and the decision approving the investor selection results.”.

b) To add Clause 4 and Clause 5 following Clause 3 as follows:

“4. Investors are not required to establish a PPP project enterprise but must organise the management and independent accounting of the revenues and expenses of the PPP project separately from the investor's other business activities in the following cases:

a) The investor is a state-owned enterprise;

b) The project applies the BT contract type; science and technology PPP projects;

c) The project has a total investment equivalent to Group B or Group C projects under the law on public investment.

5. A PPP project enterprise may do business in sectors and trades outside the scope of the PPP project contract when the following conditions are satisfied:

a) It is approved by the lender;

b) The management and independent accounting of the revenues and expenses of the PPP project separately from other business activities within the PPP project enterprise is ensured;

c) The other business activities do not affect the rights, obligations and responsibilities of the investor and the PPP project enterprise under the PPP project contract.”.

23. To amend and supplement Point b Clause 2a Article 45 as follows:

“b) Payment shall be made from the state budget using public investment capital or state budget revenues collected after the auction of land use rights or public property, and shall be accounted for as state budget revenues and expenditures. The value of the BT project work comprises the total construction investment of the work determined under the law on construction and other costs after the construction phase, including loan interest after the construction phase and the investor's reasonable profit;”.

24. To amend and supplement Article 47 as follows:

“Article 47. PPP project contracts

1. A PPP project contract must specifically determine the rights and obligations of the contract-signing agency, the investor and the PPP project enterprise. Where the investor does not establish a PPP project enterprise, the PPP project contract must provide that the investor fully performs the rights, obligations and responsibilities of the PPP project enterprise prescribed in this Law.

2. The Government shall detail this Article.”.

25. To amend and supplement a number of points and clauses of Article 51 as follows:

a) To amend and supplement Point a Clause 3 as follows:

“a) Delay in completing the construction phase or interruption in the course of operating the works or infrastructure systems of the PPP project or other works directly related to the PPP project due to a fundamental change of circumstances under the civil law that is beyond the reasonable control of one party;”;

b) To amend and supplement Point d and Point đ Clause 3 as follows:

“d) When there is a change in relevant plannings, policies or laws that reduces revenue compared with the revenue level in the financial plan prescribed in the contract, within the ratio bracket agreed upon by the parties as prescribed in Clause 2 Article 82 of this Law;

đ) When revenue increases compared with the revenue level in the financial plan prescribed in the contract, within the ratio bracket agreed upon by the parties as prescribed in Clause 1 Article 82 of this Law.”;

c) To add Clause 4 following Clause 3 as follows:

“4. For projects proposed by investors and applying the form of investor appointment or investor selection in special cases, the contract-signing parties shall annually update the actual revenue of the project to serve as a basis for adjusting the contract term under Point d or Point đ Clause 3 of this Article.”.

26. To amend and supplement a number of points and clauses of Article 52 as follows:

a) To amend and supplement Point a Clause 2 as follows:

“a) The project is affected by a force majeure event or by changes in relevant plannings, policies or laws and the parties have taken remedial measures but the continued performance of the PPP project contract is not ensured;”;

b) To add Point e following Point đ Clause 2 as follows:

“e) Where the science, technology and innovation products created by the PPP project enterprise have been subject to the mechanism for sharing revenue decrease prescribed in Clause 2a Article 82 of this Law during the first 03 years after the time of operation and business, but the actual revenue remains lower than 50% of the revenue expected in the financial plan.”;

c) To add Point c following Point b Clause 2a as follows:

“c) In the case prescribed in Point e Clause 2 of this Article, where the investor and the PPP project enterprise have fully complied with the relevant processes and regulations in the course of carrying out scientific research and technological development activities under the law on science, technology and innovation and the revenue decrease has been audited by the State Audit Office.”;

d) To amend and supplement Clause 6a as follows:

“6a. The use of public investment capital for compensation upon early termination of the contract shall be carried out as follows:

a) Where the project contract is terminated during the construction phase, based on the decision of the competent level prescribed in Clause 2 Article 93 and Clause 3 Article 94 of this Law, the competent authority shall formulate a project using public investment capital comprising the construction investment cost of the remaining part of the work and the cost of compensation and contract termination for the investor and the project enterprise. The order of and procedures for deciding on the investment policy and deciding on the investment for the project prescribed in this Point shall comply with the law on public investment.

Where the competent level decides not to continue investing in and constructing the uncompleted works or infrastructure systems, the competent authority shall carry out the order of and procedures for payment to the investor and the PPP project enterprise as prescribed in Point b of this Clause;

b) Where the project contract is terminated during the operation and business phase, based on the decision of the competent level prescribed in Clause 2 Article 93 and Clause 3 Article 94 of this Law, the competent authority shall report to the competent level for additional allocation of capital to the medium-term and annual public investment plans or for additional estimates to the central and local budget capital plans in accordance with the law on public investment and the law on the state budget. The activities prescribed in this Point shall follow the corresponding order and procedures for each capital source prescribed in the law on public investment and the law on the state budget.”.

27. To amend and supplement a number of clauses of Article 54 as follows:

a) To amend and supplement Clause 1 as follows:

“1. An investor has the right to transfer its shares or contributed capital to another investor; members of a partnership investor have the right to transfer their shares or contributed capital to one another or to another investor outside the partnership.”;

b) To amend and supplement the first paragraph of Clause 3 as follows:

“3. The transfer prescribed in Clause 1 of this Article must meet the following requirements:”;

c) To amend and supplement Clause 5 as follows:

“5. Where the transfer prescribed in Clause 1 of this Article changes the contents of enterprise registration, the PPP project enterprise shall comply with the law on enterprises.”.

28. To amend and supplement Clause 2 Article 60 as follows:

“2. After completing the works or infrastructure systems, the contract-signing agency and the PPP project enterprise shall finalise the construction investment capital of the works and infrastructure systems. For PPP projects applying open bidding or competitive negotiation to select investors, the finalised value of the construction investment capital of the works and infrastructure systems, or the finalised value of the investment capital for projects without a construction component, shall be determined on the basis of the signed contract. For PPP projects applying investor appointment or investor selection in special cases to select investors, the contract term shall be adjusted according to the finalised value where the finalised value is lower than the contract value.”.

29. To amend and supplement Point c Clause 2a Article 69 as follows:

“c) Science and technology PPP projects; projects that require the receipt of the transfer of high, new or advanced technology from private investors and that need to use state capital at a level higher than that prescribed in Clause 2 of this Article in order to ensure the financial feasibility of the project.”.

30. To amend and supplement a number of clauses of Article 82 as follows:

a) To amend and supplement Clause 1 as follows:

“1. Where actual revenue is higher than the revenue in the financial plan in the PPP project contract by a rate within the range of over 110% to over 125%, the investor or the PPP project enterprise shall share with the State 50% of the difference between the actual revenue and the revenue in the financial plan. The competent authority shall determine the specific rate for sharing the revenue increase during the negotiation with the investor or the project enterprise. The sharing of the revenue increase shall be applied after the prices and charges of public products and services have been adjusted and the term of the PPP project contract has been adjusted in accordance with Articles 50, 51 and 65 of this Law, and after the State Audit Office has audited the revenue increase.

For science and technology PPP projects, investors and PPP project enterprises shall not be required to share the revenue increase during the first 03 years after the time of operation and business;”.

b) To amend Clause 2 as follows:

“2. Where actual revenue is lower than the revenue in the financial plan in the PPP project contract by a rate within the range of below 90% to below 75%, the State shall share with the investor or the PPP project enterprise 50% of the difference between the revenue in the financial plan and the actual revenue. The competent authority shall determine the specific rate for sharing the revenue reduction during the negotiation with the investor or the project enterprise. The sharing of the revenue reduction shall be applied when the following conditions are met:

a) The project applies a BOT contract, a BTO contract or a BOO contract;

b) Relevant planning, policies or laws change, resulting in a reduction in revenue;

c) There is a financial plan adjusted according to the highest prices and charges of public products and services in the price bracket, or with the term of the PPP project contract adjusted to 50 years, but the minimum revenue level is still not ensured;

d) The State Audit Office has audited the revenue reduction.”;

c) To add Clause 2a after Clause 2 as follows:

“2a. For science and technology PPP projects, during the first 03 years after the time of operation and business, the application of a sharing rate of 100% of the negative difference between the actual revenue and the revenue in the financial plan is permitted where the actual revenue is lower than the revenue in the financial plan. The sharing of the revenue reduction under this Clause shall be applied when the PPP project meets the conditions prescribed in Clause 2 of this Article.”;

d) To amend the opening paragraph of Clause 3 as follows:

“3. The mechanism for sharing the revenue reduction prescribed in Clause 2 of this Article must be determined in the project approval decision and must be conformable with the investment policy decision (if any). Based on the practical situation of the sector or locality regarding the availability of each funding source and the priority level of state budget expenditure tasks in each period, the competent authority of the project shall determine a feasible funding source to pay for the revenue reduction and report it to the competent level in accordance with the regulations corresponding to each funding source. The order of priority of funding sources is as follows:”;

đ) To amend Point b of Clause 3 as follows:

“b) Revenue increases over the estimates and the remaining expenditure estimates of the central budget, and revenue increases over the estimates and the remaining expenditure estimates of local budgets reserved for development investment expenditure. The order and procedures for the formulation and approval of projects using revenue increases over the estimates and remaining expenditure estimates of each budget level prescribed in this Point shall comply with the law on public investment and the law on the state budget;”;

e) To amend Clause 3a as follows:

“3a. For projects whose investment policy is decided and which are approved by the National Assembly, the Prime Minister, Ministers, heads of central agencies or other agencies, priority shall be given to using the central budget to pay for the revenue reduction. For projects whose investment policy is decided and which are approved by provincial-level People's Councils or provincial-level People's Committees, priority shall be given to using local budgets to pay for the revenue reduction. For a project implemented in the areas of 02 or more provincial-level administrative units, the provincial-level People's Committee assigned to act as the competent authority shall reach agreement on the responsibility of each locality for paying the revenue reduction in the investment policy decision or the project approval decision.”.

31. To amend Article 84 as follows:

“Article 84. Inspection of investment activities under the PPP method

1. Inspection of investment activities under the PPP method shall be conducted with respect to competent authorities, contract-signing agencies, investors, PPP project enterprises and agencies, organisations and individuals involved in investment activities under the PPP method prescribed in this Law.

2. The organisation and operation of the inspection of investment activities under the PPP method shall comply with the law on inspection.”.

32. To amend Clause 1 and Clause 3 of Article 94 as follows:

a) To amend Clause 1 as follows:

“1. To organise the formulation of pre-feasibility study reports, investment policy proposal reports and feasibility study reports of PPP projects; to organise the selection of investors; to negotiate and sign PPP project contracts according to the competence prescribed in this Law.”;

b) To amend Clause 3 as follows:

“3. To decide on the termination or suspension of PPP project contracts for projects falling under its own contract-signing competence.”.

33. To add Article 99a after Article 99 as follows:

“Article 99a. Handling of problems concerning the revenue reduction of transport BOT projects signed before the effective date of this Law

1. For BOT projects in the road sector whose contracts were signed before 01 January 2021, the State shall share with the investor or the PPP project enterprise, at a certain rate, the difference between the revenue in the financial plan and the actual revenue.

2. The sharing of the revenue reduction prescribed in Clause 1 of this Article shall be applied when the following conditions are met:

a) The project is affected by changes in the State's relevant planning, policies or laws and, after the application of adjustment measures in accordance with law and the calculation of adjustments to the road service use charge rate and the term of the project contract, the actual revenue of the 03 most recent years reaches less than 75% of the revenue level in the financial plan in the PPP project contract and the financial plan still fails to ensure efficiency;

b) The project contract has not yet provided for the application of the mechanism for sharing revenue increases and reductions;

c) The contract-signing agency has negotiated with the investor, the project enterprise and the lender on the rate of return on owner's equity, the loan interest rate and the debt repayment plan in the financial plan. Where the adjusted financial plan does not ensure feasibility, the mechanism for sharing the revenue reduction under this Article shall not be applied;

d) The State Audit Office has audited the revenue reduction and the amount of money shared by the State for the revenue reduction.

3. The sharing of the revenue reduction prescribed in Clause 2 of this Article shall be carried out once and shall not require the procedures for adjusting the investment policy or adjusting the project. Ministers and Chairpersons of provincial-level People's Committees shall decide on the application of the revenue reduction sharing and the sharing rate for projects approved by them in accordance with the Government's regulations, ensuring fairness and transparency and not giving rise to an increase in the road service use charge or in the toll collection period under the signed contract.

4. The funding source for paying the revenue reduction prescribed in this Article shall comply with Clause 3 of Article 82 of this Law.

5. The Government shall detail this Article.”.

34. To annul Clauses 7, 12 and 14 of Article 3; Article 6; Clause 2 and Clause 3 of Article 14; Article 15; Article 16; Article 17; Clause 4 of Article 18; Article 19; Article 20; Article 22; Article 23; Clause 4 of Article 24; Article 25; Article 27; Clause 5 of Article 29; Clause 2 of Article 37; Article 41; Clause 4 of Article 45; Clause 2 and Point b of Clause 4 of Article 54; Point b of Clause 2 of Article 89; Article 90; Article 91. To annul Article 96 and to replace the phrase “in Article 96 of this Law” in Clause 1 and Clause 2 of Article 95 with “of the Government”.

Article 3. Amendments and supplements to a number of articles of the Law on Customs

1. To amend Article 42 as follows:

“Article 42. Conditions for application of the priority regime

1. An enterprise shall be recognised for application of the priority regime when it fully satisfies the following conditions:

a) Complying with the law on customs and the law on taxation for 02 consecutive years;

b) Having annual export and import turnover reaching the prescribed level;

c) Carrying out electronic customs procedures and electronic tax procedures; having software or an information technology system for managing the enterprise's export and import activities that is connected to or shared with the customs authority;

d) Making payments via banks;

đ) Having an internal control system;

e) Strictly observing the provisions of the law on accounting and auditing.

2. Enterprises announced by the Ministry of Science and Technology as high-technology enterprises; enterprises newly established from investment projects to manufacture high-technology products; enterprises implementing strategic technology projects; enterprises implementing projects to manufacture key digital technology products, projects on research and development, design, manufacture, packaging and testing of semiconductor chip products, or projects to build artificial intelligence data centres; and enterprises implementing projects to manufacture products directly supporting the semiconductor industry shall be recognised for application of the priority regime when they fully satisfy the conditions prescribed in Points c, d, đ and e of Clause 1 of this Article.

3. Priority enterprises of countries or territories that have signed mutual recognition arrangements on priority enterprises with Viet Nam shall be entitled to the priority regime in accordance with this Law.

4. The Government shall detail the conditions and procedures for recognition, extension, temporary suspension and suspension, the priority regime, and the management of enterprises entitled to the priority regime.”.

2. To add Clause 4 after Clause 3 of Article 43 as follows:

“4. Enterprises prescribed in Clause 2 of Article 42 of this Law shall be entitled to the priority regime with respect to exported and imported goods relating to the semiconductor industry, high technology, strategic technology and key digital technology on the list announced by the Ministry of Science and Technology.

The list prescribed in this Clause shall have goods codes consistent with the List of Vietnamese Exports and Imports.”.

3. To add Article 47a after Article 47 as follows:

“Article 47a. Customs inspection and supervision of on-the-spot exported and imported goods

1. On-the-spot exported and imported goods are goods delivered and received in Viet Nam as designated by a foreign trader under a sale and purchase, processing, lease or borrowing contract between Vietnamese enterprises and the foreign trader.

2. On-the-spot exported and imported goods must undergo customs procedures and be subject to customs inspection and customs supervision.

3. The Government shall detail this Article.”.

Article 4. Amendments and supplements to a number of articles of the Law on Value-Added Tax

To amend Point a of Clause 1 of Article 9 as follows:

“a) Exported goods include: goods sold from Viet Nam to foreign organisations and individuals and consumed outside Viet Nam; goods sold from the Vietnamese inland to organisations in non-tariff areas and consumed in non-tariff areas in direct service of export production activities; goods sold in isolation areas to individuals (foreigners or Vietnamese) who have completed exit procedures; goods sold at duty-free shops; on-the-spot exported goods;”.

Article 5. Amendments and supplements to a number of articles of the Law on Export Duty and Import Duty

1. To annul Clause 18 of Article 16.

2. To replace the number “18” in Clause 1 of Article 17 with “Points b, c and d of Clause 21”.

3. To amend Clause 21 of Article 16 as follows:

“21. Goods imported for the development of science, technology, innovation and the digital technology industry, including:

a) Imported goods being machinery, equipment, spare parts, specialised supplies, documents and specialised scientific books and newspapers used directly for science, technology, innovation and the digital technology industry;

b) Goods imported to create fixed assets of investment projects for the development of science, technology, innovation and the digital technology industry in accordance with the law on investment, the law on science, technology and innovation and the law on the digital technology industry; investment projects include new investment projects and expansion investment projects.

Goods imported to create fixed assets prescribed in this Point are the goods prescribed in Points a, b and c of Clause 11 of this Article;

c) Raw materials, supplies and components imported for the production and research of science and technology organisations, high-technology enterprises and enterprises newly established from investment projects to manufacture high-technology products that have been granted certificates in accordance with the law on high technology, science and technology enterprises and innovation centres shall be exempt from import duty for a period of 05 years from the commencement of research or production;

d) Imported goods being raw materials, supplies and components that cannot yet be produced domestically and are in direct service of the manufacture of digital technology products; raw materials, supplies and components imported for the research and pilot production of research and development centres.”.

Article 6. Amendments and supplements to a number of articles of the Law on Investment

1. To amend a number of points and clauses of Article 16 as follows:

a) To amend Point a of Clause 1 as follows:

“a) High-technology activities, high-technology supporting industry products, research and development activities, and the manufacture of products formed from science and technology results in accordance with the law on science, technology and innovation; investment in the construction of big data centre infrastructure, cloud computing infrastructure, 5G or higher mobile infrastructure and other digital infrastructure in the field of strategic technology under decisions of the Prime Minister; investment in the field of strategic technology and the manufacture of strategic technology products under decisions of the Prime Minister; investment in the field of innovation and digital transformation in accordance with the law on science, technology and innovation;”;

b) To add Point a1 after Point a of Clause 1 as follows:

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

c) To amend Point đ of Clause 1 as follows:

“đ) Manufacture of digital technology products, provision of digital technology services;”;

d) To amend Point h of Clause 1 as follows:

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

đ) To amend Point b of Clause 2 as follows:

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

2. To amend Clause 1 of Article 19 as follows:

“1. Based on the planning decided or approved in accordance with the law on planning, Ministries, ministerial-level agencies and provincial-level People's Committees shall formulate development investment plans and organise the construction of technical infrastructure and social infrastructure systems outside the fences of industrial parks, export processing zones, high-technology parks, concentrated digital technology zones and functional quarters of economic zones; for industrial parks in which worker accommodation is built inside the industrial park, the provisions of the Law on Housing must also be complied with.”.

3. To amend a number of points of Clause 2 of Article 20 as follows:

a) To amend Point a as follows:

“a) Investment projects on the new establishment (including the expansion of such newly established projects) of innovation centres or research and development centres, investment projects on the construction of big data centre infrastructure, cloud computing infrastructure, 5G or higher mobile infrastructure and other digital infrastructure in the field of strategic technology under decisions of the Prime Minister, and investment projects in the field of strategic technology or the manufacture of strategic technology products under decisions of the Prime Minister, with a total investment capital of VND 3,000 billion or more, disbursing at least VND 1,000 billion within 03 years from the date of grant of the investment registration certificate or the investment policy approval; national innovation centres established under decisions of the Prime Minister;”;

b) To add Point a1 after Point a as follows:

“a1) Investment projects to manufacture key digital technology products, projects on research and development, design, manufacture, packaging and testing of semiconductor chips, and projects to build artificial intelligence data centres under the law on the digital technology industry that meet the scale of a total investment capital of VND 6,000 billion or more, disbursing at least VND 6,000 billion within 05 years from the date of grant of the investment registration certificate or the investment policy approval;”;

c) To amend Point b as follows:

“b) Investment projects (including new investment projects and expansion investment projects) in sectors and trades eligible for special investment incentives with an investment capital scale of VND 30,000 billion or more, disbursing at least VND 10,000 billion within 03 years from the date of grant of the investment registration certificate or the investment policy approval.”.

4. To add Point d after Point c of Clause 1 of Article 22 as follows:

“d) Foreign investors may establish economic organisations to implement investment projects before carrying out the procedures for the grant or adjustment of investment registration certificates, for investment projects on the new establishment of innovation centres or research and development centres, investment projects on the construction of big data centre infrastructure, cloud computing infrastructure, 5G or higher mobile infrastructure and other digital infrastructure in the field of strategic technology under decisions of the Prime Minister, and investment projects in the field of strategic technology or the manufacture of strategic technology products under decisions of the Prime Minister.”.

5. To amend Point c of Clause 4 of Article 29 as follows:

“c) Investors implementing investment projects in industrial parks, high-technology parks or concentrated digital technology zones;”.

6. To annul Point a of Clause 1 of Article 30.

7. To amend, supplement and annul a number of points and clauses of Article 31 as follows:

a) To annul Points a, b, c, d, đ and g of Clause 1 and Clause 3;

b) To add Point g2 after Point g1 of Clause 1 as follows:

“g2) Nuclear power plants;”.

8. To amend a number of points and clauses of Article 32 as follows:

a) To add Points g, h, i, and k after Point e of Clause 1 as follows:

“g) Investment projects requiring the resettlement of 10,000 or more people in mountainous areas, or 20,000 or more people in other areas;

h) Investment projects on the new construction of: airports and aerodromes; runways of airports and aerodromes; passenger terminals of international airports; cargo terminals of airports and aerodromes with a capacity of 01 million tonnes/year or more;

i) New investment projects on passenger transport business by air;

k) Investment projects on oil and gas processing.”;

b) To amend Points b, đ and e of Clause 1 as follows:

“b) Investment projects on the construction of housing (for sale, lease or hire-purchase) and urban areas, regardless of the land use scale or the population scale;

đ) Investment projects on the construction and business of infrastructure of industrial parks, export processing zones and concentrated digital technology zones;

e) Investment projects on the new construction of: wharves and wharf areas of special-class seaports or class-I seaports;”;

c) To add Clause 1a after Clause 1 as follows:

“1a. Investment projects that simultaneously fall under the investment policy approval competence of 02 or more provincial-level People's Committees shall comply with the Government's regulations.”.

9. To amend Article 33 as follows:

“Article 33. Dossiers and contents of the appraisal of requests for investment policy approval

Dossiers and contents of the appraisal of requests for investment policy approval shall comply with the Government's regulations.”.

10. To amend Article 34 as follows:

“Article 34. Order and procedures for investment policy approval by the National Assembly

1. The Ministry of Finance shall report to the Prime Minister on the establishment of a State Appraisal Council to organise the appraisal of projects falling under the investment policy approval competence of the National Assembly as prescribed in Article 30 of this Law.

2. A dossier of request for investment policy approval comprises:

a) The Government's submission report;

b) The investment project proposal and relevant documents in accordance with the Government's regulations;

c) The appraisal report of the State Appraisal Council;

d) Other relevant documents.

3. The contents of the verification of a request for investment policy approval include:

a) The satisfaction of the criteria for determining that the investment project falls under the investment policy approval competence of the National Assembly;

b) The necessity of implementing the investment project;

c) The conformity of the investment project with the relevant national-level strategy and planning, regional planning, provincial planning, urban planning and planning of special administrative-economic units (if any);

d) The objectives, scale, location, duration and implementation schedule of the investment project, the land use needs, the ground clearance and resettlement plan, the plan for selecting the main technology, and environmental protection solutions;

đ) The total investment capital and funding sources;

e) An assessment of the socio-economic efficiency, the assurance of national defence and security, and the sustainable development of the investment project;

g) Special mechanisms and policies, investment incentives and support, and the conditions for their application (if any).

4. The Government and relevant agencies, organisations and individuals shall provide full information and documents in service of the verification; and explain the issues within the contents of the investment project at the request of the agency of the National Assembly in charge of the verification.

5. At least 60 days before the opening date of a session of the National Assembly, the Government shall prepare and send the dossier of request for investment policy approval to the agency of the National Assembly in charge of the verification.

6. The National Assembly shall consider and pass a resolution on investment policy approval containing the contents prescribed in Clause 1 of Article 3 of this Law.

7. The dossier, order and procedures for the appraisal of investment projects whose investment policy is approved by the National Assembly, and the order and procedures for the appraisal by the State Appraisal Council, shall comply with the Government's regulations.”.

11. To amend Article 35 as follows:

“Article 35. Order and procedures for investment policy approval by the Prime Minister

The dossier, order and procedures for the appraisal of investment projects whose investment policy is approved by the Prime Minister shall comply with the Government's regulations.”.

12. To amend Article 36 as follows:

“Article 36. Order and procedures for investment policy approval by provincial-level People's Committees

The dossier, order and procedures for the appraisal of investment projects whose investment policy is approved by provincial-level People's Committees shall comply with the Government's regulations.”.

13. To amend a number of points and clauses of Article 36a as follows:

a) To amend the opening paragraph of Clause 1 as follows:

“1. Except for the investment projects prescribed in Article 30 of this Law, investors may choose to register their investment in accordance with this Article for investment projects in industrial parks, export processing zones, high-technology parks, concentrated digital technology zones, free trade zones and functional quarters in economic zones in the following fields:”;

b) To add Point c after Point b of Clause 1 as follows:

“c) Investment projects on construction of large data centre infrastructure, cloud computing infrastructure, mobile infrastructure of 5G or higher and other digital infrastructure in the field of strategic technology under decisions of the Prime Minister; investment projects in the field of strategic technology and manufacture of strategic technology products under decisions of the Prime Minister.”;

c) To amend and supplement Clause 2 as follows:

“2. An investment registration dossier comprises the documents prescribed in Article 33 of this Law, in which the written request for implementation of the investment project includes a commitment to satisfy the conditions, standards and technical regulations prescribed by the law on construction, environmental protection and fire prevention and fighting; the investment project proposal includes the identification and forecast of impacts on the environment and measures to minimise adverse impacts on the environment in place of the preliminary environmental impact assessment.”.

14. To amend and supplement Article 38 as follows:

“Article 38. Procedures for granting the Investment Registration Certificate

The conditions, dossiers, order of and procedures for granting the Investment Registration Certificate shall comply with the regulations of the Government.”.

15. To amend and supplement Clause 2 of Article 44 as follows:

“2. The operating duration of an investment project outside an economic zone shall not exceed 50 years. For an investment project implemented in a geographical area with difficult socio-economic conditions or a geographical area with especially difficult socio-economic conditions, or an investment project with large investment capital but slow capital recovery; an investment project on construction and business of infrastructure of high technology zones, high technology industrial parks or concentrated digital technology zones; a project eligible for special investment incentives and support prescribed at Point a of Clause 2 of Article 20 of this Law, the operating duration of the investment project may be longer but shall not exceed 70 years.”.

16. To amend and supplement Article 70 as follows:

“Article 70. Inspection, supervision and evaluation of investment

1. Investment inspection, supervision and evaluation activities include:

a) Inspection, supervision and evaluation of investment projects;

b) Overall inspection, supervision and evaluation of investment.

2. Responsibility for investment inspection, supervision and evaluation includes:

a) State management agencies in charge of investment and specialised state management agencies shall carry out the overall inspection, supervision and evaluation of investment and the inspection, supervision and evaluation of investment projects within their scope of management;

b) Investment registration agencies shall inspect, supervise and evaluate investment projects falling under their competence to grant the Investment Registration Certificate.

3. The contents of the inspection, supervision and evaluation of investment projects include:

a) For investment projects using state capital for business investment, state management agencies in charge of investment and specialised state management agencies shall inspect, supervise and evaluate the investment projects according to the contents and criteria approved in the investment decision;

b) For investment projects using other capital sources, state management agencies in charge of investment and specialised state management agencies shall inspect, supervise and evaluate the objectives, the conformity of the investment project with the master plan and the investment policy approved by the competent authority, the implementation progress, and the fulfilment of the requirements on environmental protection, technology and the use of land and other resources in accordance with law;

c) Investment registration agencies shall inspect, supervise and evaluate the contents prescribed in the Investment Registration Certificate and in the written approval of the investment policy.

4. The contents of the overall inspection, supervision and evaluation of investment include:

a) The promulgation of legal documents detailing and guiding the implementation; the implementation of the provisions of the law on investment;

b) The situation of implementation of investment projects;

c) Evaluation of the results of investment implementation of the whole country, of ministries, ministerial-level agencies and localities, and of investment projects under decentralisation;

d) Making recommendations to the state management agency of the same level and to the superior state management agency in charge of investment on the results of investment evaluation and on measures to handle problems and violations of the law on investment.

5. Agencies and organisations carrying out inspection and evaluation shall do so themselves or hire experts or consultancy organisations that fully satisfy the conditions and have the capacity to evaluate the investment.

6. The inspection and audit of the operation of investment projects shall comply with the law on inspection and the law on audit.

7. The Government shall detail this Article.”.

17. To add Clause 3a after Clause 3 of Article 77 as follows:

“3a. For a secondary project in an urban area which was commenced before 01 January 2021, has been granted a certificate of land use rights and has fulfilled the financial obligations regarding land, but which is now unable to be implemented or for which there is no longer a need for further implementation, and which does not fall into the cases of termination of operation prescribed in Article 48 of this Law, the whole or part of the project may be transferred together with the transfer of land use rights and assets attached to land.

The transferee investor shall inherit the rights and obligations of the transferring investor with respect to the transferred part of the project in order to continue its implementation; and shall have the investment policy approved or adjusted and the Investment Registration Certificate granted or adjusted for the transferred part of the project where so required, in accordance with the regulations of the Government.”.

18. To add and annul a number of ordinal numbers of Appendix IV on the List of conditional business investment lines and trades as follows:

a) To add ordinal numbers 233 and 234 after ordinal number 232 as follows:

b) To annul the urban railway business line and trade at ordinal number 97.

Article 7. Amendments and supplements to a number of articles of the Law on Public Investment

1. To add Clause 5 after Clause 4 of Article 3 as follows:

“5. Tasks and investment projects which are lawfully funded by organisations or individuals and which are requested not to be included in the state budget shall not be subject to the provisions of this Law.”.

2. To amend and supplement a number of clauses of Article 4 as follows:

a) To amend and supplement Clause 4 as follows:

“4. Ministries, central agencies and localities are the agencies and organisations assigned public investment plans by the Prime Minister, including:

a) Ministries and central agencies: central agencies of political organisations, the Supreme People's Procuracy, the Supreme People's Court, the State Audit Office, the Office of the Party Central Committee, the Office of the President, the Office of the National Assembly, ministries, ministerial-level agencies, government-attached agencies, the central agency of the Vietnam Fatherland Front and of socio-political organisations; state enterprises and other agencies, organisations and enterprises assigned in writing by competent state agencies to perform public investment tasks and projects;

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

b) To add Clause 14a after Clause 14 as follows:

“14a. A special public investment project is a public investment project implemented under the direction of the Politburo, the Secretariat of the Party Central Committee or the Party Committee of the Government.”;

c) To amend and supplement Clause 18 as follows:

“18. Public investment activities include the formulation, appraisal of and decision on the investment policy, and the decision on investment in public investment programmes, tasks and projects; the formulation, appraisal, approval, assignment and implementation of public investment plans; the management and use of public investment capital; the acceptance testing, payment, final settlement and handover of public investment projects; the monitoring and evaluation, inspection and examination of public investment plans, programmes, tasks and projects.”;

d) To amend and supplement Clause 20 as follows:

“20. Investment preparation tasks are activities to formulate, appraise and decide on the investment policy; and to formulate, appraise and decide on investment in projects.”;

đ) To amend and supplement Clause 22 as follows:

“22. Outstanding capital construction debts are the value of the implemented volume which has been accepted for a programme, task or project but for which a medium-term public investment plan has not yet been assigned by a competent authority, excluding urgent public investment projects, special public investment projects and projects transferred to the subsequent medium-term public investment planning period.”.

3. To amend and supplement Point b of Clause 5 of Article 9 as follows:

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

4. To amend and supplement a number of clauses of Article 17 as follows:

a) To amend and supplement Clause 1 as follows:

“1. Deciding on the investment policy or deciding on the adjustment of the investment policy in a manner not conformable with the strategy, master plan or plan; failing to determine the capital source and the capital balancing capability, except for projects which are not required to have an investment policy decision as prescribed in Clause 6 of Article 19 of this Law; failing to comply with the competence, order and procedures prescribed by law.”;

b) To amend and supplement Clause 2 as follows:

“2. Deciding on investment in a programme or project when the investment policy has not yet been decided by a competent authority as prescribed; deciding on investment in or deciding on the adjustment of a programme or project ultra vires, inconsistently with the contents on objectives and location, or in excess of the public investment capital level in the investment policy already decided by a competent authority.”.

5. To amend, supplement and annul a number of points and clauses of Article 18 as follows:

a) To annul Clause 6, Point c of Clause 7 and Clause 8;

b) To amend and supplement Point b of Clause 1 as follows:

“b) National important projects, except for projects prescribed at Point a of Clause 2 of Article 8 of this Law.”;

c) To amend and supplement Clause 3 as follows:

“3. The Prime Minister shall decide on the investment policy for projects prescribed at Point a of Clause 2 of Article 8 of this Law.”;

d) To amend and supplement Clause 4 as follows:

“4. Heads of ministries and central agencies shall decide on the investment policy for programmes using ODA capital and foreign concessional loans, and for group-A, group-B and group-C projects managed by their own agencies or organisations.”;

đ) To amend and supplement Point b of Clause 5 as follows:

“b) Group-A projects using local budget capital at all levels, including targeted additional funding from the central budget and lawful capital sources of the locality in the provincial-level area, and group-A projects implemented in the areas of 02 or more provincial-level administrative units for which the provincial-level People's Committee is the managing agency under a decision of the Prime Minister;”;

e) To add Point c after Point b of Clause 5 as follows:

“c) Group-A projects using entirely local budget capital to support the performance of the spending tasks of the central budget in accordance with the law on the state budget, after reaching agreement with the ministry, central agency or the agency or organisation assigned to directly manage the project.”;

g) To add Point d after Point c of Clause 7 as follows:

“d) Group-B and group-C projects using entirely local budget capital to support the performance of the spending tasks of the central budget in accordance with the law on the state budget, after reaching agreement with the ministry, central agency or the agency or organisation assigned to directly manage the project.”;

h) To amend and supplement Clause 9 as follows:

“9. Commune-level People's Committees shall decide on the investment policy for the following projects:

a) Group-B and group-C projects using local budget capital, including targeted additional funding from the superior budget and lawful capital sources of the locality under their own level of management;

b) Group-B and group-C projects implemented in the areas of 02 or more commune-level administrative units for which the Chairperson of the provincial-level People's Committee assigns the commune-level People's Committee as the level deciding on the investment policy.”;

i) To amend and supplement Clause 10 as follows:

“10. The Members' Council or the company president or the Board of Directors of a state enterprise shall decide on the investment policy for group-A, group-B and group-C projects assigned for investment under a decision of the Prime Minister.”;

k) To amend and supplement Point b of Clause 12 as follows:

“b) The order of and procedures for deciding on the investment policy for projects using local budget capital which are implemented by central agencies, and projects using commune-level budget capital which are implemented by provincial-level agencies;”;

l) To add Point d after Point c of Clause 12 as follows:

“d) The order of and procedures for deciding on the investment policy for projects falling under the competence of the Prime Minister.”.

6. To add Point c1 and Point c2 after Point c of Clause 6 of Article 19 as follows:

“c1) Special public investment projects;

c2) Investment projects on construction of local railways, and local railway projects following the transit-oriented development (TOD) model which are included in a master plan approved by a competent authority;”.

7. To amend and supplement a number of points and clauses of Article 20 as follows:

a) To amend and supplement Clause 2 as follows:

“2. The Prime Minister shall establish a State Appraisal Council chaired by a Minister or the Head of a ministerial-level agency to appraise investment policy proposal reports of national target programmes and pre-feasibility study reports of national important projects. The establishment of the State Appraisal Council shall be carried out concurrently with the process of formulating the investment policy proposal report of the national target programme and formulating the pre-feasibility study report of the national important project.”;

b) To amend and supplement Point b of Clause 5 as follows:

“b) For national important projects, including: objectives, scale, total investment amount, location, implementation period, mechanisms, solutions and policies for implementation.”.

8. To amend and supplement Point đ of Clause 2 of Article 22 as follows:

“đ) The basic parameters of the programme or project, including: objectives, scale, form of investment, scope, location, land area to be used, time and progress of implementation, environmental protection solutions, capital sources, capital recovery capability and repayment of loan capital;”.

9. To amend and supplement Clause 2 of Article 23 as follows:

“2. The Prime Minister shall establish an inter-branch council or assign a ministry or ministerial-level agency to preside over and coordinate with relevant agencies in appraising the investment policy proposal report. The establishment of the appraisal council shall be carried out concurrently with the process of formulating the investment policy proposal report of the programme.”.

10. To amend and supplement Point a of Clause 1 of Article 25 as follows:

“a) Assigning an attached unit, including an attached public non-business unit, or the commune-level People's Committee to formulate the pre-feasibility study report;”.

11. To amend and supplement Article 26 as follows:

“Article 26. Order of and procedures for deciding on the investment policy for programmes using ODA capital and foreign concessional loans, and for group-A, group-B and group-C projects falling under the competence of heads of ministries and central agencies

1. Heads of ministries and central agencies shall have the following responsibilities:

a) To assign attached units, including attached public non-business units, to organise the formulation of pre-feasibility study reports and investment policy proposal reports;

b) To establish an appraisal council or assign a unit having the relevant function to appraise the pre-feasibility study report and the investment policy proposal report, and to appraise and evaluate the capital source and the capital balancing capability;

c) To direct the units prescribed at Point a of this Clause to finalise the pre-feasibility study report and the investment policy proposal report according to the appraisal opinions.

2. Heads of ministries and central agencies shall decide on the investment policy, including the objectives, scale, total investment amount, structure of capital sources, location, implementation period and the expected plan for capital allocation.”.

12. To amend and supplement the title of Article 28 as follows:

“Article 28. Order of and procedures for deciding on the investment policy for projects falling under the competence of People's Committees at all levels”.

13. To amend and supplement Article 31 as follows:

“Article 31. Order of and procedures for deciding on the investment policy for projects implemented in the areas of 02 or more commune-level administrative units

1. The Chairperson of the provincial-level People's Committee shall consider and decide to assign one commune-level People's Committee to decide on the investment policy for a project implemented in the areas of 02 or more commune-level administrative units. Where the project is implemented by the provincial level, the provincial-level People's Committee shall decide on the investment policy for the project.

2. The order of and procedures for deciding on the investment policy for the project shall comply with Article 28 of this Law.”.

14. To amend and supplement Article 36 as follows:

“Article 36. Decentralisation of the appraisal and evaluation of capital sources and the capital balancing capability of programmes and projects

1. The appraisal and evaluation of the capital source and the capital balancing capability is one of the contents of the appraisal of the investment policy.

2. The Ministry of Finance shall preside over the evaluation of the capital source, the capital balancing capability and the capital allocation plan for the following programmes and projects:

a) National target programmes;

b) National important projects.

3. The Ministry of Finance shall appraise the capital source and the capital balancing capability for public investment programmes for which the Government decides on the investment policy.

4. Heads of ministries and central agencies shall organise the appraisal of the capital source and the capital balancing capability for projects using public investment capital under the management of their own agencies, within the limit prescribed in Article 36a of this Law.

5. Chairpersons of People's Committees at all levels shall organise the appraisal of the capital source and the capital balancing capability for programmes and projects using public investment capital under the management of their own levels, within the limit prescribed in Article 36a of this Law.

6. For ODA capital and foreign concessional loans, the competent agencies prescribed in Clauses 2, 3, 4 and 5 of this Article shall base themselves on the letter of interest or the written commitment of the foreign donor to evaluate the capital source and the capital balancing capability in accordance with the regulations of the Government.”.

15. To add Article 36a after Article 36 as follows:

“Article 36a. Limit for appraising the capital source and the capital balancing capability

1. Ministries, central agencies and localities may take the initiative in preparing investment and approving the investment policy for programmes and projects to be implemented in the public investment plan of the subsequent period. The limit for appraising the capital source and the capital balancing capability of programmes and projects shall not exceed twice the level of medium-term public investment plan capital of the current period already assigned according to each capital source to ministries, central agencies and localities.

Where a ministry, central agency or locality is not allocated medium-term public investment plan capital for the current period, or where it is assigned to implement a programme or project requiring approval of the investment policy with a total value of the total investment amount exceeding the level prescribed in this Clause, the Prime Minister shall consider and decide in respect of central budget capital, and the Chairperson of the provincial-level People's Committee shall consider and decide in respect of the local budget.

2. After the notification of the total capital for the subsequent period as prescribed in Clause 4 of Article 59 of this Law, ministries, central agencies and localities shall be responsible for arranging the order of priority for capital allocation as prescribed in Article 54 of this Law.

3. The Government shall detail this Article.”.

16. To amend and supplement a number of points and clauses of Article 37 as follows:

a) To amend and supplement Clause 2 as follows:

“2. The adjustment of the investment policy of a programme or project shall be carried out where the programme or project undergoes changes in objectives or location, or exceeds the public investment capital level compared with the contents in the investment policy of the programme or project.”;

b) To amend and supplement Point đ of Clause 3 as follows:

“đ) For projects implemented in the areas of 02 or more commune-level administrative units for which the commune-level People's Committee is the level deciding on the investment policy, the provisions of Article 31 of this Law shall apply.”.

17. To amend, supplement and annul a number of clauses of Article 38 as follows:

a) To annul Clause 1;

b) To amend and supplement Clause 2 as follows:

“2. Heads of ministries and central agencies shall have the following competence:

a) To decide on investment in national target programmes and national important projects for which the National Assembly has decided on the investment policy, public investment programmes for which the Government has decided on the investment policy, and public investment projects for which the Prime Minister has decided on the investment policy, where their own ministry or agency is the programme owner or the managing agency;

b) To decide on investment in programmes using ODA capital and foreign concessional loans, and in group-A, group-B and group-C projects under their management competence;

c) To decentralise or authorise the decision on investment in group-B and group-C projects prescribed at Point b of this Clause to their attached agencies and units;

d) Based on the specific conditions of the project, to assign a specialised construction investment project management unit or a regional construction investment project management unit to act as the investor. Where there is no project management unit, or where there is a project management unit but it does not fully satisfy the conditions for implementation, an agency or organisation with management experience and capacity may be assigned to act as the investor, and they shall take responsibility for their own decision.”;

c) To amend and supplement Clause 3 as follows:

“3. The Chairperson of the provincial-level People's Committee shall decide on investment in the following programmes and projects:

a) National important projects for which the National Assembly has decided on the investment policy and for which the provincial-level People's Committee is the managing agency;

b) Public investment programmes and group-A projects for which the provincial-level People's Council has decided on the investment policy;

c) Group-B and group-C projects for which the provincial-level People's Committee has decided on the investment policy;

d) Group-B and group-C projects using ODA loans and foreign concessional loans; projects using non-refundable ODA capital.”;

d) To amend and supplement Clause 4 as follows:

“4. The Chairperson of the commune-level People's Committee shall decide on investment in group-B and group-C projects managed by the commune level.”;

đ) To amend and supplement Clause 5 as follows:

“5. The director or general director of a state enterprise shall decide on investment in projects using non-refundable ODA capital; and shall decide on group-A, group-B and group-C projects for which the Members' Council or the company president or the Board of Directors has decided on the investment policy.”.

18. To amend and supplement Article 40 as follows:

“Article 40. Order of formulation, appraisal of and decision on investment in national target programmes

1. Based on the investment policy decided by the National Assembly, the head of the ministry or central agency that is the programme owner shall have the following responsibilities:

a) To assign a specialised agency or an attached unit, including an attached public non-business unit, to formulate the feasibility study report of the programme;

b) To assign a unit or agency having the appraisal function or to establish a council to appraise the feasibility study report in respect of the contents prescribed in Clause 1 of Article 47 of this Law.

The appraisal council or the unit or agency presiding over the appraisal may invite organisations and individuals with professional expertise and experience to participate in the appraisal of the feasibility study report;

c) To direct the unit or agency prescribed at Point a of this Clause to finalise the feasibility study report according to the appraisal opinions.

2. The head of the ministry or central agency shall decide on investment in the national target programme.”.

19. To amend and supplement Article 41 as follows:

“Article 41. Order of formulation, appraisal of and decision on investment in public investment programmes for which the Government decides on the investment policy

1. Based on the investment policy decided by the Government, the head of the ministry or central agency that is the programme owner shall have the following responsibilities:

a) To assign a specialised agency or an attached unit, including an attached public non-business unit, to formulate the feasibility study report of the programme;

b) To assign a unit or agency having the appraisal function or to establish a council to appraise the feasibility study report in respect of the contents prescribed in Clause 1 of Article 47 of this Law.

The appraisal council or the unit or agency presiding over the appraisal may invite organisations and individuals with professional expertise and experience to participate in the appraisal of the feasibility study report;

c) To direct the unit or agency prescribed at Point a of this Clause to finalise the feasibility study report according to the appraisal opinions.

2. The head of the ministry or central agency shall decide on investment in the public investment programme.”.

20. To amend and supplement Clause 1 of Article 43 as follows:

“1. The order of formulation, appraisal of and decision on investment in national important projects is prescribed as follows:

Pursuant to the investment policy decided by the National Assembly or the Prime Minister, the head of the ministry or central agency or the Chairperson of the provincial-level People's Committee that is the managing agency of the project shall have the following responsibilities:

a) To assign a specialised agency or an affiliated unit, including an affiliated public non-business unit, to formulate the feasibility study report of the project;

b) To assign a unit or agency having the appraisal function or to establish a Council to appraise the feasibility study report with regard to the contents prescribed in Clauses 2 and 3 of Article 47 of this Law.

The appraisal council or the unit or agency in charge of appraisal may invite organisations and individuals with relevant expertise and experience to participate in the appraisal of the feasibility study report;

c) To direct the unit or agency prescribed at Point a of this Clause to finalise the feasibility study report according to the appraisal opinions;

d) The head of the ministry or central agency or the Chairperson of the provincial-level People's Committee shall decide on investment in projects of national importance.”.

21. To add Article 45a following Article 45 as follows:

“Article 45a. Order and procedures for deciding on investment in special public investment projects

1. Pursuant to the direction of the Politburo, the Secretariat of the Party Central Committee and the Party Committee of the Government, the head of the ministry or central agency or the Chairperson of the provincial-level People's Committee shall organise the formulation and appraisal of the feasibility study report or the economic - technical report and decide on investment in special public investment projects under the management of their own level.

2. The project owner may decide by itself on all works in investment activities in order to organise the implementation of the project ensuring the schedule and quality, and may apply the measures prescribed at Points a, b and c of this Clause when necessary, and shall be responsible for its decisions:

a) To apply the form of contractor appointment to the bidding packages of the project;

b) To implement the project by the method of concurrent design and construction and to apply the simplified order and procedures in accordance with the law on the state budget, bidding, construction, urban planning, environmental protection, minerals and other relevant laws;

c) To apply separate cost norms for the formulation, appraisal and approval of the project cost estimate. The Government shall assign ministries and central agencies to promulgate separate cost norms for the project.”.

22. To amend and supplement Clause 5 of Article 46 as follows:

“5. In case of a change in one of the contents concerning objectives or location, or an excess of the public investment capital over the capital level in respect of which the competent authority has decided on the investment policy, the programme or project must undergo the order and procedures for deciding on the adjustment of the investment policy before the competent authority decides on the adjustment of the programme or project.”.

23. To amend and supplement Point a of Clause 4 of Article 54 as follows:

“a) Special public investment projects and urgent public investment projects;”.

24. To amend and supplement Clause 1 of Article 56 as follows:

“1. Programmes, projects, tasks and other public investment objects must be included in the medium-term public investment plan, except urgent public investment projects, special public investment projects and investment projects using non-refundable ODA capital.”.

25. To amend and supplement Point d of Clause 3 of Article 57 as follows:

“d) In case a project has exceeded the time limit permitted for extension as prescribed at Points b and c of this Clause but must continue to be extended, the managing agency of the project shall review responsibility and report to the Prime Minister for consideration and decision on the extension of the time limit for allocating capital for project implementation, with regard to central budget capital; the People's Committee shall review responsibility and report to the People's Council of the same level for consideration and decision on the extension of the time limit for allocating capital for project implementation, with regard to local budget capital;”.

26. To amend and supplement Clause 1 of Article 58 as follows:

“1. Capital for the performance of investment preparation tasks shall be allocated for the formulation, appraisal and decision on the investment policy of a project; and the formulation, appraisal and decision on investment in a project.”.

27. To amend, supplement and annul a number of points and clauses of Article 59 as follows:

a) To annul Clauses 1, 3 and 5;

b) To amend and supplement Point c of Clause 7 as follows:

“c) The total capital of the medium-term public investment plan of central budget capital, the expected level of allocation to each ministry and central agency and the level of targeted additional funding from the central budget to the budget of each locality.

For the remaining capital of the medium-term public investment plan of central budget capital which has not yet been allocated, the Government shall decide thereon and report to the National Assembly in the medium-term end-of-period evaluation report;”;

c) To amend and supplement Clause 8 as follows:

“8. The Prime Minister shall assign the medium-term public investment plan to ministries, central agencies and localities.”;

d) To amend and supplement Clause 9 as follows:

“9. The assignment of the medium-term public investment plan of local budget capital shall be carried out as follows:

a) Pursuant to the resolution of the National Assembly on the medium-term public investment plan for the new period and the resolution of the provincial-level People's Council on the 05-year socio-economic development plan, the provincial-level People's Council shall decide on the medium-term public investment plan of the locality, including the total capital of the medium-term public investment plan, the list of and the capital level allocated to each project, the total capital for planning tasks, the total capital for investment preparation tasks and other public investment objects using the provincial-level budget capital source, and the level of targeted additional funding for lower-level budgets, and shall send a report to the Ministry of Finance for summarisation and reporting to the Government;

b) Pursuant to the resolution of the provincial-level People's Council on the medium-term public investment plan, the commune-level People's Council shall decide on the medium-term public investment plan of its own level, including the total capital of the medium-term public investment plan, the list of and the level of local budget capital allocated to each project, the total capital for planning tasks, the total capital for investment preparation tasks and other public investment objects;

c) Within 30 days from the date the People's Council issues a resolution on the medium-term public investment plan, the People's Committee of the same level shall assign the medium-term public investment plan to the implementing units, including the total capital, the list of programmes and projects and the capital level allocated to each project, the total capital for planning tasks, the total capital for investment preparation tasks and other public investment objects.”.

28. To amend and supplement Point b of Clause 2 of Article 65 as follows:

“b) The investment policy has been decided by the competent authority;”.

29. To amend and supplement Clause 2 of Article 68 as follows:

“2. Pursuant to the resolutions of the National Assembly, the plan assignment decisions of competent authorities and the resolutions of the People's Councils at all levels on medium-term and annual public investment plans, ministries, central agencies and localities, commune-level People's Committees and agencies and units using public investment capital shall decide on solutions for organising the administration of the public investment plan funded by the capital sources under the management of their own level.”.

30. To amend and supplement the opening paragraph of Clause 1 of Article 69 as follows:

“1. Ministries, central agencies and localities and commune-level People's Committees shall have the responsibility to:”.

31. To amend and supplement the opening paragraph of Clause 1 of Article 70 as follows:

“1. Ministries, central agencies and localities, commune-level People's Committees and agencies and units using public investment capital shall have the responsibility to:”.

32. To amend, supplement and annul a number of points and clauses of Article 71 as follows:

a) To annul Clause 4, Clause 6 and Point c of Clause 7;

b) To amend and supplement Clause 2 as follows:

“2. The Government shall decide on the adjustment of the annual public investment plan of central budget capital in case it does not exceed the total central budget expenditure of the whole country decided by the National Assembly.”;

c) To amend and supplement Clause 3 as follows:

“3. The Prime Minister shall decide on the adjustment of the medium-term public investment plan of central budget capital in case it does not exceed the total medium-term capital level decided by the National Assembly.”;

d) To amend and supplement Clause 5 as follows:

“5. The head of the ministry or central agency and the provincial-level People's Committee shall decide on the adjustment of the medium-term and annual public investment plans of central budget capital under the management of their own level in case there is no change in the total medium-term and annual capital levels decided by the competent authority.”;

đ) To amend and supplement Clause 8 as follows:

“8. People's Committees at all levels shall decide on the adjustment of the medium-term and annual public investment plans of local budget capital in case there is no change in the total medium-term and annual capital levels decided by the People's Council of the same level.”;

e) To amend and supplement Clause 9 as follows:

“9. The Government shall detail this Article”.

33. To amend and supplement a number of clauses of Article 72 as follows:

a) To amend and supplement Clause 1 as follows:

“1. The time limit for the implementation and disbursement of the annual public investment plan capital shall be until 31 January of the following year. In case a ministry, central agency or locality, a budget-using unit affiliated to a ministry, central agency or locality, or a commune-level People's Committee is allocated additional capital after 30 September of the plan year for the performance of tasks, programmes or projects, the time limit for the implementation and disbursement of the additionally allocated plan capital shall be until the end of 31 December of the following year.”;

b) To amend and supplement Clause 2 as follows:

“2. The head of the ministry or central agency and the provincial-level People's Council shall decide with regard to central budget capital, and the Chairpersons of People's Committees at all levels shall decide with regard to local budget capital under the management of their own level, to permit the extension of the time limit for the implementation and disbursement of the annual public investment plan capital, but not beyond 31 December of the following year, in the following cases:

a) Projects of national importance;

b) Projects on compensation, support, resettlement and ground clearance;

c) Projects allocated plan capital for completion and putting into use in the plan year but not allocated plan capital in the following year;

d) Projects whose schedule is affected by natural disasters, catastrophes, epidemics or other objective causes which are unforeseeable and irremediable;

đ) Projects of representative missions and other agencies of Viet Nam abroad;

e) A ministry, central agency or locality or a commune-level People's Committee has only 01 project in the plan year or is unable to adjust the plan.

The head of the ministry or central agency, the provincial-level People's Council and the Chairpersons of People's Committees at all levels shall be responsible for the list and the level of budget capital permitted to have the time limit for implementation and disbursement extended and shall ensure the disbursement of the entire extended capital amount.”.

34. To amend, supplement and annul a number of clauses of Article 83 as follows:

a) To annul Clause 8;

b) To amend and supplement Clause 9 as follows:

“9. To organise the implementation of the medium-term and annual public investment plans. To decide on the allocation and detailed assignment of the remaining capital which has not yet been allocated in detail of the medium-term and annual public investment plans of central budget capital.”;

c) To add Clause 12 following Clause 11 as follows:

“12. To provide for the review of responsibility and the transfer of cadres, civil servants, public employees and workers who fail to fulfil their assigned duties and tasks, thereby causing programmes, tasks or projects not to be completed on the assigned schedule.”.

35. To amend, supplement and annul a number of clauses of Article 84 as follows:

a) To amend and supplement Clause 1 as follows:

“1. To decide on the investment policy of projects according to the competence prescribed in Article 18 of this Law.”;

b) To annul Clauses 4 and 5.

36. To amend and supplement Article 85 as follows:

“Article 85. Tasks and powers of the Ministry of Finance

The Ministry of Finance shall be the focal agency assisting the Government in performing the state management of public investment and shall have the following tasks and powers:

1. To promulgate, or submit to competent authorities for promulgation, legal documents related to public investment and the principles, criteria and norms for the allocation and use of public investment capital;

2. To report to the Government on the determination of state budget investment capital for the nation's public investment by each sector and field in the medium-term and annual public investment plans;

3. To summarise and submit to the Government and the Prime Minister the medium-term and annual public investment plans of the nation; to submit to the Government and the Prime Minister the assignment of public investment plans funded by the state budget;

4. To summarise and submit to the Prime Minister the adjustment of the medium-term public investment plan of the nation, to submit to the Government the adjustment of the annual public investment plan of the nation, and to submit to the Government and the Prime Minister for consideration and reporting to the National Assembly the adjustment of the medium-term and annual public investment plans of the nation according to the competence prescribed in Article 71 of this Law;

5. To assume the prime responsibility for, and coordinate with relevant agencies in, appraising and evaluating capital sources and the capital balancing capability as prescribed in Article 36 of this Law;

6. To submit to competent authorities for promulgation general regulations on the management of national target programmes; to summarise and submit to competent authorities for decision and assignment the objectives, tasks and medium-term and annual public investment plans funded by the central budget of national target programmes;

7. To organise the implementation of, monitor, inspect, supervise and evaluate plans, programmes and projects and to perform other state management tasks regarding public investment;

8. To submit to competent authorities for promulgation, or to promulgate according to its competence, regulations on the management, payment and final settlement of projects using public investment capital;

9. To report to the Government on the disbursement and final settlement of programmes and projects.”.

37. To amend and supplement Clause 3 of Article 87 as follows:

“3. To assume the prime responsibility for, and coordinate with relevant agencies in, appraising and evaluating capital sources and the capital balancing capability of projects as prescribed in Article 36 of this Law.”.

38. To amend, supplement and annul a number of points and clauses of Article 89 as follows:

a) To annul Point b of Clause 2, Clause 4 and Clause 5;

b) To amend and supplement Clause 7 as follows:

“7. The Chairperson of the provincial-level People's Committee shall have the following tasks and powers:

a) To decide on investment in projects according to the competence prescribed in this Law;

b) To authorise a deputy, the Chairperson of a commune-level People's Committee or the head of a specialised agency to decide on investment in group-B and group-C projects under the management of the provincial level;

c) To assign a commune-level People's Committee to act as the managing agency implementing a project located in 02 or more commune-level administrative units.”.

39. To amend and supplement Article 90 as follows:

“Article 90. Tasks and powers of commune-level People's Committees

1. To organise the formulation of the medium-term and annual public investment plans under the management of their own level.

2. To organise the appraisal of projects under the management of their own level.

3. To submit to the commune-level People's Council for decision the medium-term and annual public investment plans of local budget capital under the management of their own level.

4. To decide on the investment policy of projects under their management competence in accordance with this Law and to report thereon to the commune-level People's Council at its nearest session.

5. To organise the implementation of, monitor, evaluate and inspect plans, programmes and projects and other state management tasks regarding public investment according to the decentralisation of management; to coordinate with relevant agencies and organisations in implementing, monitoring, inspecting and evaluating programmes and projects in their localities.

6. The Chairperson of the commune-level People's Committee shall decide on investment in projects according to the competence prescribed in Article 38 of this Law.”.

40. To amend and supplement a number of clauses of Article 95 as follows:

a) To amend and supplement Clause 1 as follows:

“1. To decide on investment in, or to adjust the investment decision of, a programme or project in conformity with the contents concerning objectives, location and public investment capital level in the investment policy decided by the competent authority, except tasks and projects not subject to an investment policy decision as prescribed in Clause 6 of Article 19 of this Law; in conformity with the capital balancing capability of the capital source under the management of their own level, in accordance with the applicable standards and technical regulations on investment and the appraisal results.”.

b) To amend and supplement Clause 2 as follows:

“2. To organise the appraisal of programmes and projects before approval, including the appraisal and evaluation of capital sources and the capital balancing capability.”.

41. To amend and supplement Clause 1 of Article 100 as follows:

“1. Heads of ministries, central agencies and localities, Chairpersons of commune-level People's Committees, programme owners and investors shall be responsible for the consequences of failing to organise the monitoring, evaluation and inspection of plans, programmes and projects or failing to report as prescribed.”.

42. To annul Clause 17 of Article 4; Article 24 and the number “24,” at Point c of Clause 3 of Article 37 and in Clause 3 of Article 64; Clauses 1, 2 and 3 of Article 60; Article 63; Point c of Clause 2 and Point b of Clause 7 of Article 64; Point a of Clause 1 of Article 66; Clauses 3, 4 and 5 of Article 82; Article 86; and Article 93.

Article 8. Amendments and supplements to a number of articles of the Law on Management and Use of Public Property

1. To amend and supplement Article 1 as follows:

“Article 1. Scope of regulation

This Law provides for the state management of public property; the regime of management and use of public property; and the rights and obligations of agencies, organisations, units and individuals in the management and use of public property.

For public property being money belonging to the state budget, off-budget state financial funds and state foreign exchange reserves, the management and use thereof shall comply with relevant laws.

The management and use of property formed through the performance of science, technology and innovation tasks using state capital shall comply with the law on science, technology and innovation and the law on intellectual property.”.

2. To amend and supplement Clause 3 and Clause 4 of Article 19 as follows:

“3. Provincial-level People's Committees and commune-level People's Committees shall assign the finance agencies of the same level to assist the People's Committees in:

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

b) Directly managing and handling a number of types of public property in accordance with this Law and relevant laws.

4. Specialised agencies of provincial-level People's Committees and commune-level People's Committees shall assist the People's Committees of the same level in performing the tasks of state management of, and in directly managing and handling, public property of their sectors and fields in accordance with law.”.

3. To amend and supplement Article 44 as follows:

“Article 44. Use of public property to pay investors upon implementation of construction investment projects in the form of build - transfer contracts

The use of public property to pay investors upon implementation of construction investment projects in the form of build - transfer contracts shall comply with the law on investment in the form of public-private partnership.”.

4. To amend and supplement Clause 1 of Article 48 as follows:

“1. The proceeds from the handling of public property at state agencies shall be managed by the agency assigned to handle the property; after deducting the expenses related to the handling of the property, the agency assigned to handle the property shall remit the entire remainder into the state budget.”.

5. To add Clause 3 following Clause 2 of Article 68 as follows:

“3. The management and use of the proceeds from the handling of property at socio-political organisations shall comply with the Government's regulations.”.

6. To amend and supplement Clause 1 of Article 81 as follows:

“1. Entities assigned to manage infrastructure assets may directly organise the exploitation of the assets in accordance with the Government's regulations.”.

7. To amend and supplement Point a of Clause 2 of Article 85 as follows:

“a) In case the entity assigned to manage the assets is a state agency or a people's armed forces unit, the proceeds from the exploitation of the assets, after deducting the expenses related to the exploitation of the assets, shall be entirely remitted into the state budget;”.

8. To add Point d following Point c of Clause 3 of Article 88 as follows:

“d) Other forms of handling in accordance with the Government's regulations.”.

9. To amend and supplement Article 94 as follows:

“Article 94. Management and use of the proceeds from the handling of infrastructure assets

1. The proceeds from the handling of infrastructure assets, after deducting the expenses related to the handling of the assets, shall be entirely remitted into the state budget.

2. Expenses related to the handling of assets include:

a) Expenses for inventory, measurement and drawing;

b) Expenses for relocation, demolition and destruction;

c) Expenses for valuation and price appraisal;

d) Expenses for organising the sale;

đ) Other relevant reasonable expenses.”.

10. To amend and supplement Article 102 as follows:

“Article 102. Use of property serving the operation of projects

1. The use of property serving the operation of a project shall be carried out according to the objectives of the project, the provisions of Section 3 of Chapter III of this Law and relevant laws.

2. The management, use and handling of property formed from production development support projects using state capital to support communities and people participating in the implementation of the projects shall comply with the mechanisms and policies of national target programmes and other relevant laws.”.

11. To amend and supplement Article 117 as follows:

“Article 117. Use of the value of land use rights to pay investors upon implementation of construction investment projects in the form of build - transfer contracts

The use of the value of land use rights to pay investors upon implementation of construction investment projects in the form of build - transfer contracts shall comply with the law on investment in the form of public-private partnership.”.

12. To add and replace a number of phrases at a number of points and clauses as follows:

a) To add the phrase “concentrated digital technology zones,” following the phrase “high-technology zones,” in Clause 2 of Article 4;

b) To replace the phrase “under the Prime Minister's decision” with the phrase “in accordance with the Government's regulations” at Point g of Clause 4 of Article 41;

c) To replace the phrase “except special cases decided by the Prime Minister at the proposal of the Minister of Finance on the basis of the proposal of the relevant Minister, head of the central agency or Chairperson of the provincial-level People's Committee” with the phrase “except special cases in accordance with the Government's regulations” in Clause 2 of Article 42;

d) To replace the phrase “according to the Government's decentralisation” with the phrase “in accordance with the Government's regulations” in Clause 3 of Article 107.

13. To annul a number of phrases at a number of points and clauses as follows:

a) To annul the phrase “, science and technology tasks” in Clause 10 of Article 3;

b) To annul the phrase “the use of public property to pay investors upon implementation of construction investment projects in the form of build - transfer contracts;” in Clause 3 of Article 13;

c) To annul the phrase “the decentralisation of deciding competence in the management and use of public property;” at Point a of Clause 2 of Article 15;

d) To annul the phrase “and property formed through the performance of science and technology tasks using state capital” at Point c of Clause 2 of Article 15;

đ) To annul the phrase “and the Government's decentralisation” in Clause 4 and Clause 8 of Article 15 and at Point a and Point d of Clause 1 of Article 16;

e) To annul the phrase “inspection,” in Clause 7 of Article 15;

g) To annul the phrase “; inspecting the management and use of public property in accordance with law and the Government's assignment” in Clause 2 of Article 16;

h) To annul the phrase “district-level People's Committees,” in Clause 2 of Article 18;

i) To annul the phrase “and the decentralisation of the provincial-level People's Council” in Clause 4 of Article 18;

k) To annul the phrase “according to the Government's decentralisation” at Point b of Clause 2 of Article 69.

14. To annul Clause 4 of Article 13; Clause 2 of Article 17; Clauses 4, 5, 6 and 7 of Article 26; Clause 3 and Clause 4 of Article 29; Clause 4 of Article 55; Clause 2 of Article 56; Clause 2 and Clause 3 of Article 57; Clause 2 of Article 58; Point đ of Clause 1 and Point e of Clause 2 of Article 65; Article 105; and Article 118.

Article 9. Implementation provisions

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

2. To annul Point b of Clause 3 of Article 33 of the Law on Housing No. 27/2023/QH15, which has been amended and supplemented under Law No. 43/2024/QH15 and Law No. 47/2024/QH15.

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

Article 10. Transitional provisions

1. Transitional provisions for the provisions amending and supplementing the Law on Bidding are as follows:

a) Contractor selection packages and business investment projects for which the invitation for expression of interest, prequalification documents, bidding documents or request for proposals have been issued and the bids have been opened before the effective date of this Law shall continue to have the short list selection, contractor selection, investor selection, contract signing and contract performance management carried out in accordance with the Law on Bidding No. 22/2023/QH15, of which a number of articles have been amended and supplemented under Law No. 57/2024/QH15, and the documents detailing and guiding the implementation thereof;

b) Contractor selection packages and business investment projects for which the invitation for expression of interest, prequalification documents, bidding documents or request for proposals have been issued but the bid closing has not taken place by the effective date of this Law may continue to have the short list selection, contractor selection, investor selection, contract signing and contract performance management carried out in accordance with the Law on Bidding No. 22/2023/QH15, of which a number of articles have been amended and supplemented under Law No. 57/2024/QH15, and the documents detailing and guiding the implementation thereof, or may have the invitation for bids, the invitation for expression of interest and the invitation for prequalification cancelled and have the contractor selection plan (if necessary), the bidding documents, the invitation for expression of interest, the prequalification documents and the request for proposals adjusted and amended in order to organise the selection of contractors and investors in accordance with this Law, except for the case prescribed at Point d of this Clause;

c) For a package for which the contractor selection plan has been approved but the invitation for expression of interest, prequalification documents, bidding documents or request for proposals have not been issued by the effective date of this Law, the investor may adjust the approved contractor selection plan in order to implement it in accordance with this Law, except for the case prescribed at Point d of this Clause;

d) For a package under an investment project of a state enterprise or of an enterprise of which a state enterprise holds 100% of the charter capital, or a package under a project or procurement estimate of a public non-business unit that covers by itself its recurrent expenditure and investment expenditure or of a public non-business unit that covers by itself its recurrent expenditure without using state budget funds, for which the invitation for expression of interest, prequalification documents, bidding documents or request for proposals have been issued but the bid closing has not taken place by the effective date of this Law, the investor may decide on one of the following two ways:

d1) Where the application of this Law is chosen, the provisions at Point b of this Clause shall apply;

d2) To decide on the procurement by itself in accordance with Point c of Clause 2 of Article 1 of this Law.

2. Transitional provisions for the provisions amending and supplementing the Law on Investment under the Public-Private Partnership Method are as follows:

a) For a PPP project for which the pre-feasibility study report or the adjusted pre-feasibility study report has been prepared but, by the effective date of this Law, has not yet been submitted for appraisal, or for which the Appraisal Council has not yet been established, or for which the Appraisal Council has been established but has not yet carried out the appraisal task, the competence, order and procedures for appraising the pre-feasibility study report or the adjusted pre-feasibility study report shall comply with this Law. Where the Appraisal Council has been established and is carrying out the task of appraising the investment policy, the order, procedures and competence for appraising and deciding on the investment policy or adjusting the investment policy shall continue to comply with the law on investment under the public-private partnership method that was in force before the effective date of this Law;

b) For a PPP project for which the project or the project adjustment has not been submitted for approval by the effective date of this Law, the authority competent to approve the PPP project or the PPP project adjustment shall be determined in accordance with this Law;

c) For a PPP project for which the competent authority has decided on the investment policy and approved the project but the selection of investors has not been organised by the effective date of this Law, the competent agency may continue to implement it under the investment policy decision and the project approval decision, or may review and adjust the investment policy or adjust the feasibility study report in order to apply the provisions of this Law. In the case of adjustment, the authority competent to decide on and approve the adjustment shall be the authority competent to decide on the investment policy and approve the project under this Law;

d) A PPP project contract signed before the effective date of this Law shall continue to be performed in accordance with the provisions of the project contract; where it is necessary to amend or supplement the contents of the project contract but the law at the time of contract signing does not provide therefor, or where it is necessary to amend or supplement the project contract in order to ensure the project's effectiveness, the parties may agree on the amendment and supplementation in accordance with this Law and the relevant laws in force at the time of the amendment and supplementation of the contract.

3. Transitional provisions for the provisions amending and supplementing the Law on Customs are as follows:

On-spot exported and imported goods under a customs declaration that has been registered but for which customs procedures have not been completed before the effective date of this Law shall be subject to the provisions of Clause 3 of Article 3 of this Law.

4. Transitional provisions for the provisions amending and supplementing the Law on Investment are as follows:

a) From the effective date of this Law, valid dossiers requesting approval or adjustment of the investment policy for investment projects requiring the resettlement of 10,000 people or more in mountainous areas or 20,000 people or more in other areas; investment projects on new construction of: airports, aerodromes; runways of airports, aerodromes; passenger terminals of international airports; cargo terminals of airports, aerodromes with a capacity of 01 million tonnes/year or more; new investment projects on the business of passenger transport by air; investment projects on new construction of: port wharves, wharf areas with an investment capital scale of VND 2,300 billion or more belonging to special seaports or grade-I seaports; petroleum processing investment projects; investment projects on the construction of housing (for sale, lease or hire-purchase) or urban areas with a land use scale of 300 ha or more or a population scale of 50,000 people or more; investment projects that are concurrently under the investment policy approval competence of 02 or more provincial-level People's Committees, which have been received before the effective date of this Law but for which results have not been returned, shall be handled as follows:

a.1) Where a project has been submitted to the Prime Minister for consideration of the approval or adjustment of the investment policy before the effective date of this Law, it shall continue to be implemented in accordance with the Law on Investment No. 61/2020/QH14, of which a number of articles have been amended and supplemented under 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 the Law on Investment No. 61/2020/QH14).

For a project that does not yet satisfy the requirements and conditions for the approval or adjustment of the investment policy under the Law on Investment No. 61/2020/QH14, the Ministry of Finance shall transfer the project dossier, the appraisal opinions and the appraisal report to the provincial-level People's Committee for handling according to the competence prescribed in this Law;

a.2) Where a project has not been submitted to the Prime Minister for consideration of the approval or adjustment of the investment policy before the effective date of this Law, the Ministry of Finance shall transfer the project dossier and the project appraisal opinions (if any) to the provincial-level People's Committee for handling according to the competence prescribed in this Law;

a.3) The provincial-level People's Committee may continue to use the project dossier, the appraisal opinions and the appraisal report to consider approving or adjusting the investment policy in the cases prescribed at Sub-point a.1 and Sub-point a.2 of Point a of this Clause;

b) For the investment projects prescribed at Point a of this Clause whose investment policy was approved by the Prime Minister before the effective date of this Law and which now fall under the investment policy approval competence of the provincial-level People's Committee under Clause 8 of Article 6 of this Law, the provincial-level People's Committee shall be the agency competent to approve the adjustment of the investment policy.

5. Transitional provisions for the provisions amending and supplementing the Law on Public Investment are as follows:

a) For a programme or project for which the formulation and appraisal procedures have been completed and which has been submitted to the competent authority for a decision on the investment policy or an investment decision before the effective date of this Law, the competent authority shall consider and decide in accordance with the Law on Public Investment No. 58/2024/QH15;

b) In the case of adjustment or suspension of the investment policy, adjustment of the investment decision and extension of the capital allocation period for projects for which the investment policy was decided or the investment decision was made before the effective date of this Law, the authority competent to decide on the investment policy, to make the investment decision and to extend the capital allocation period for project implementation under the decentralisation provided in this Law shall decide on the adjustment or suspension of the investment policy, the adjustment of the investment decision and the extension of the capital allocation period for project implementation, and shall be responsible for its own decisions.

Where a resolution of the National Assembly provides for the competence to adjust or suspend the investment policy for projects of national importance, such resolution of the National Assembly shall apply;

c) In the case of adjustment of the investment policy for projects using ODA loans and foreign concessional loans for which the project proposal was approved by the competent authority before the effective date of this Law, the managing agency shall carry out the order and procedures for adjusting the investment policy in accordance with this Law and shall not have to carry out the order and procedures for adjusting the project proposal.

This Law was passed by the National Assembly of the Socialist Republic of Viet Nam, the XVth Legislature, at its 9th Session, on 25 June 2025.