Law on Public- Private Partnership Investment

Prior to enactment as a law, investment through public-private partnerships (“PPP”) was recognised in Decree No. 63/2018/ND-CP (“Decree 63”). The Law on PPP will take effect on 01 January 2021.

The Law on PPP only permits the following sectors to be executed through PPP: (a) Transportation; (b) Power grids and power plants, except for hydroelectric plants and the cases of monopoly by the State as prescribed by the Law on Electricity; (c) Irrigation; clean water supply; water drainage and wastewater; waste treatment; (d) Healthcare and education – training; (e) Information technology (IT) infrastructure works.

However, it is not clear whether the following sectors, which were previously permitted in Decree 63, would be allowed under the Law on PPP (to the extent they do not fall within the sectors permitted above): (a) Public lighting systems; parks; housing and yards for parking cars, vehicles, machinery and equipment; cemeteries; (b) Vocational training; culture; sport; tourism; science and technology, hydrometeorology; (c) Commercial infrastructure; and infrastructure of urban zones, economic zones, industrial zones, industrial clusters, and of centralised IT zones; hi-tech technical infrastructure; and incubation establishments, technical establishments and common working areas supporting SMEs; (d) Agriculture and rural development; development services for connecting production with processing and sale of agricultural products; and (e) Other sectors as decided by the Prime Minister...

See details here