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On August 15, 2019, the Government has issued Decree 69/2019 / ND-CP on the use of public assets to pay investors when implementing work construction investment projects in the form of a Build – Transfer contract (BT Project). This Decree takes effect from October 1, 2019.
Accordingly, the use of public assets to pay for investors implementing BT Projects must comply with the following principles:
The use of public assets to pay to investors implementing BT Projects must ensure:
a) Comply with regulations of law on management and use of public properties, land, state budget, investment and construction.
b) The selection of investor implementing BT project in the form of open bidding according to the law on bidding.
c) Only be implemented after the competent state authority permits it as prescribed by law.
The use of public assets to pay for Investors implementing BT Projects is implemented on the principle of parity, the value of BT Projects is equivalent to the value of public assets paid; is determined as follows:
a) The value of public property is determined according to the market price in accordance with law at the time of payment as prescribed in Clause 4 of this Article.
b) The BT Project value is determined according to the bidding results.
The use of public assets to pay for investors implementing BT projects must be summarized and reflected into the state budget according to the provisions of the law on the state budget; Specifically:
a) The central properties under central management are aggregated and reflected in the central budget.
b) For locally managed public properties, it is aggregated and reflected in the local budget.
The time for payment of BT Project in case of payment by land fund or working office is the time when the People’s Committee of the province or city directly under the Central Government (hereinafter referred to as the provincial People’s Committee) ) Issuing decisions on land allocation and land lease to investors. Time of payment of BT Project in case of payment with infrastructure assets and other types of public property is the time when the competent state agency issues a decision to hand over the property to the investor.
The loan interest in the financial plan of the BT contract for the value of the BT project work is completed on schedule and terminated from the time the competent state agency issues a decision on land allocation. , leasing land, delivering assets to Investors.
The delivery of public assets for payment to Investors implementing BT Projects is done after the BT Project is completed or implemented concurrently with the volume of BT Project construction completed according to The schedule is determined by a competent state agency according to the provisions of law on investment and construction.
The promulgation of Decree 69/2019 / ND-CP, which prescribes the principles of payment of BT projects by public assets, aims to provide a way and basis for the concretization and application of laws in the use of state assets. Then, strengthening transparency in state management of public assets and strengthening trust among the people.