New regulations on authority and procedures for approving PPP projects

New regulations on authority and procedures for approving PPP projects - Photo 1.

Approval of PPP projects is under the authority of the head of the competent authority.

The Decree clearly states new regulations on procedures for deciding on investment policies for PPP projects and the authority and order of approving PPP projects to comply with new regulations on decentralization of authority to decide on policies in the Law on Investment under the PPP method.

Procedures for deciding on investment policy for PPP projects

Specifically, Decree 243/2025/ND-CP stipulates the dossier, procedures, and contents of appraisal of pre-feasibility study reports of PPP projects under the authority of the National Assembly to decide on investment policies, implemented in accordance with Government regulations on procedures for appraisal of important national projects.

The procedure for deciding on investment policy for PPP nuclear power plant projects is as follows:

a- The PPP project preparation unit prepares a pre-feasibility study report as a basis for ministries, central agencies, other agencies, and provincial People's Committees to submit to the Prime Minister ;

b- The Prime Minister shall establish a State Appraisal Council or assign a presiding agency to appraise the pre-feasibility study report in accordance with the provisions of law on public investment;

c- The State Appraisal Council or the agency in charge of appraising the pre-feasibility study report shall prepare an appraisal report and submit it to the Prime Minister for consideration and decision;

d- The Prime Minister decides on the project investment policy.

Procedures for deciding on investment policies for PPP projects under the authority of the Minister, head of central agencies, other agencies, provincial People's Councils, and provincial People's Committees:

a- The PPP project preparation unit prepares a report proposing the investment policy to submit to the Minister, head of the central agency, other agency, and provincial People's Committee for consideration and decision;

b- The Minister, head of a central agency, other agency, or Chairman of a provincial People's Committee shall assign a subordinate unit to perform the task of appraising the investment proposal report;

c- The project appraisal unit prepares an appraisal report and sends it to the PPP project preparation unit;

d- The unit preparing the PPP project completes the dossier and submits it to the Minister, head of the central agency, other agency, and provincial People's Committee;

d- Ministers, heads of central agencies and other agencies decide on investment policies for projects within their management scope as prescribed in Clause 3, Article 12 of the PPP Law;

e- The People's Committee at the provincial level shall submit to the People's Council at the provincial level a decision on investment policy for projects under the local management scope as prescribed in Clause 4, Article 12 of the PPP Law or a decision on investment policy for projects under the local management scope as prescribed in Clause 5, Article 12 of the PPP Law.

The Decree clearly states that for projects specified in Clause 3, Article 11 of the PPP Law, it is necessary to carry out procedures for deciding on investment policies as a basis for deciding on policies to change the purpose of using rice land according to the provisions of the law on land, deciding on policies to change the purpose of using forest land according to the provisions of the law on forestry and carrying out other procedures according to relevant laws. The preparation and appraisal of investment proposal reports and decisions on investment policies shall comply with regulations on procedures for deciding on investment policies for PPP projects under the authority of the Minister, head of a central agency, other agency, provincial People's Council, and provincial People's Committee.

For PPP projects under the management of many competent agencies that require the use of state capital to participate in the PPP project, the provincial People's Committees of the localities shall report to the provincial People's Councils before agreeing to assign a locality as the competent agency according to regulations . In cases where the funding for compensation, site clearance, support, resettlement; and support for temporary construction is allocated from the local budget of each locality, the provincial People's Committees of the localities shall agree and report to the provincial People's Councils on dividing the project into component projects of compensation, site clearance, support, resettlement; and support for temporary construction for each locality to implement according to the provisions of the law on public investment.

Authority and procedures for approving PPP projects

Decree 243/2025/ND-CP stipulates that the approval of PPP projects is under the authority of the head of a competent authority, including:

- Ministers, heads of central agencies, other agencies, and Chairmen of provincial People's Committees approve PPP projects according to the provisions of Clauses 1 and 2, Article 21 of the PPP Law;

According to Clause 2, Article 6 of Decree 243/2025/ND-CP: Agencies, organizations, units under or directly under ministries, central agencies, other agencies, provincial People's Committees; commune-level People's Committees; public service units under the management of provincial People's Committees are competent authorities for one of the following projects:

a) PPP projects have a total investment equivalent to group B and group C projects according to the provisions of the law on public investment;

b) Project applies O&M contract type;

c) Projects not specified in Point a and Point b of this Clause are assigned by the Minister, head of a central agency, other agency, or Chairman of the Provincial People's Committee to act as the competent authority.

- The head of the agency, organization or unit specified in Clause 2, Article 6 of Decree 243/2025/ND-CP is authorized to approve projects for which the agency, organization or unit is the competent authority.

The approval procedure for PPP projects is as follows:

a- The PPP project preparation unit prepares a feasibility study report and an economic-technical report on construction investment as a basis for submission to the head of the competent authority for consideration and decision;

b- The project appraisal unit organizes the appraisal of the feasibility study report and sends it to the PPP project preparation unit;

c- The PPP project preparation unit completes the dossier and submits it to the head of the competent authority;

d- Head of the competent authority approving the project.

The above regulation takes effect from September 11, 2025.

Phuong Nhi

Source: https://baochinhphu.vn/quy-dinh-moi-ve-tham-quyen-trinh-tu-phe-duyet-du-an-ppp-102250912092726749.htm