Shorten the appraisal time of pre-feasibility study reports and feasibility study reports of PPP projects

Decree No. 71/2025/ND-CP amends and supplements Clause 1, Article 18 of Decree No. 35/2021/ND-CP on the time for appraising pre-feasibility study reports of PPP projects in the direction of shortening the time.

Specifically, the time for appraising the pre-feasibility study report of a PPP project is calculated from the date of the decision to establish the Appraisal Council or from the date the unit assigned to appraise receives a complete and valid dossier or from the date of receiving the appraisal report in the case of hiring an appraisal consultant, specifically as follows:

a) Projects under the Prime Minister's authority to decide on investment policies: appraisal time is shortened from no more than 45 days to no more than 30 days;

b) Projects under the investment policy decision authority of the Minister, head of central agency, other agency, provincial People's Council, provincial People's Committee: no more than 14 days (old regulation is no more than 30 days);

c) For projects that only require an economic-technical report on construction investment: no more than 10 days.

In case the project requires speeding up the progress, the Chairman of the Appraisal Council decides on the appropriate appraisal time.

In addition, Decree No. 71/2025/ND-CP also shortens the time for appraisal of PPP project feasibility study reports as stipulated in Clause 1, Article 26 of Decree No. 35/2021/ND-CP.

According to the new regulations, the time for appraising the feasibility study report of a PPP project is calculated from the date of the decision to establish the Appraisal Council or from the date the unit assigned to appraise receives a complete and valid dossier or from the date of receiving the appraisal report in case of hiring an appraisal consultant, specifically as follows:

a) Projects under the approval authority of the Prime Minister: appraisal time is shortened from no more than 90 days to no more than 30 days;

b) Projects under the approval authority of the Minister, head of central agency, other agency, Chairman of Provincial People's Committee: no more than 14 days (old regulation is no more than 60 days) , for projects specified in Clauses 2a, 2b and 2c, Article 11 of the PPP Law: no more than 10 days.

In case the project requires speeding up the progress, the Chairman of the Appraisal Council decides on the appropriate appraisal time.

Decision on investment policy for PPP projects covering 2 or more provinces

Regarding the procedure for deciding on investment policies for PPP projects under the authority of the Provincial People's Committee, Article 12 of the PPP Law (amended in Clause 5, Article 3 of Law No. 57/2024/QH15) supplements regulations on the authority to decide on policies of the Provincial People's Council and the Provincial People's Committee, including regulations on decentralization of authority to decide on investment policies for PPP projects under the management of two or more provincial-level administrative units from the Prime Minister to localities.

Therefore, Decree No. 71/2025/ND-CP amends and supplements Clause 4, Article 21 of Decree No. 35/2021/ND-CP on deciding on investment policies for PPP projects covering two or more provincial-level administrative units.

Specifically, for PPP projects implemented in two or more provincial-level administrative units under the provisions of Point b, Clause 4 or Point b, Clause 4a, Article 12 of the PPP Law, the Prime Minister shall delegate authority to the Minister of the sectoral management ministry to agree on the assignment of an agency as the competent authority. The decision on investment policy for PPP projects shall be made as follows:

a) The People's Committees of the provinces where the project is implemented discuss and agree on the project implementation proposal, including the following contents: project name, scale, location, type of PPP project contract, preliminary total investment, state capital in the PPP project and division of responsibility for balancing and allocating the budget of each locality;

b) For projects under the investment policy decision authority of the Provincial People's Council as prescribed in Point b, Clause 4, Article 12 of the PPP Law, the Provincial People's Committees of the localities where the project is implemented shall report to the Provincial People's Council for consideration and agreement on the content prescribed in Point a of this Clause.

Based on the written consent of the Provincial People's Council, the Provincial People's Committee of the localities where the project is implemented shall agree with the sector management ministry on assigning a locality as the competent authority;

c) For projects under the authority of the provincial People's Committee to decide on investment policies as prescribed in Point b, Clause 4a, Article 12 of the PPP Law, the provincial People's Committees of the localities where the project is implemented shall agree with the sector management ministry on assigning a locality as the competent authority. In cases where the project requires 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 Council before agreeing with the sector management ministry on assigning a locality as the competent authority;

d) The provincial People's Committee, which is approved by the sector management ministry as the competent authority of the project as prescribed in Point b or Point c of this Clause, shall organize project preparation and submit it to the competent authority for decision on the investment policy as prescribed in Point b Clause 4 or Point b Clause 4a Article 12 of the PPP Law;

d) In case the budget for compensation, site clearance, support, resettlement; and support for temporary construction is allocated from the local budget of each locality, the People's Committees of the provinces shall unify and report to the People's Councils of the provincial level on the division into component projects for compensation, site clearance, support, resettlement; and support for temporary construction at the same time as the contents specified in Point b or Point c of this Clause for each locality to implement in accordance with the provisions of the law on public investment."

Provincial People's Committee approves investment policy decision within no more than 10 days

Decree No. 71/2025/ND-CP also supplements Point c, Clause 6, Article 21 of Decree No. 35/2021/ND-CP stipulating the time for approving the decision on investment policy for a project from the date of receipt of a complete and valid dossier. Accordingly, for projects under the authority of the provincial People's Committee to decide on investment policy: no more than 10 days; for projects in cases where only a construction investment economic-technical report is required: no more than 05 working days.

Removing difficulties for investors in raising capital and arranging finance

In order to remove difficulties for investors in mobilizing capital and arranging finance for the entire PPP project, Decree No. 71/2025/ND-CP amends Clause 4, Article 76 of Decree No. 35/2021/ND-CP in the direction of removing the regulation that the contracting agency only pays a maximum of 50% of the volume value for sub-projects using public investment capital in PPP projects (when the project enterprise has completed the works belonging to the sub-project); instead, it supplements the payment regulations for sub-projects using public investment capital as follows:

In case a PPP project has sub-projects using public investment capital as prescribed in Point a, Clause 5, Article 70 of the PPP Law, payment for completed works and work items of the sub-project shall be made according to the progress, value and completed volume agreed upon between the contracting agency and the investor and project enterprise in the project contract.

Thanh Quang

Source: https://baochinhphu.vn/rut-ngan-thoi-gian-tham-dinh-bao-cao-nghien-cuu-tien-kha-thi-bao-cao-nghien-cuu-kha-thi-du-an-ppp-102250401162028574.htm