Building an open BT contract policy, overcoming shortcomings, preventing losses

Xây dựng chính sách hợp đồng BT thông thoáng, khắc phục bất cập, ngăn thất thoát- Ảnh 1. — Build open BT policies, overcome shortcomings, and prevent losses.

In order to mobilize resources for investment in socio -economic infrastructure development, the Law amending and supplementing a number of articles of the Law on Investment under the Public-Private Partnership method No. 57/2024/QH15 has added the BT investment form and assigned the Government to provide detailed regulations. Therefore, the development and promulgation of the legal framework must be based on practical requirements, drawing deep experience from previous shortcomings to design and develop policies to ensure comprehensive innovation in implementation and payment methods for investors, maximally overcoming shortcomings and obstacles in implementation, meeting practical requirements that need to be transparent to attract investors, while ensuring strictness, not creating loopholes to take advantage of policies causing loss of state assets.

Eliminate the regulation of a maximum difference of 10% on the value of the land fund expected to be paid to investors.

The Government Standing Committee welcomes the Ministry of Finance 's active research and completion of the draft Decree according to the opinions of Government members and the direction of the Government Standing Committee. Some contents that the Ministry of Finance has accepted and supplemented in the draft need to be consulted again with Government members to ensure compliance with the Government's Working Regulations. At the same time, the Ministry of Finance is requested to accept the opinions at the meeting, especially the opinions of the Minister of Finance, to complete the draft Decree, noting the following issues:

The payment land fund is the land fund in the case of land acquisition and the investor advances the money for site clearance; land allocation and land lease can only be carried out when the conditions under the provisions of the land law are met. The state budget source for payment to the investor from the source of public asset auctions does not have to be included in the medium-term public investment plan.

The value of the land fund expected to be paid shall not exceed the total investment of the approved BT project. The regulation on the maximum difference of 10% of the value of the land fund expected to be paid to the investor shall be abolished because it has no legal basis. Deduction of the land clearance cost paid by the investor in advance (including the BT project site and the corresponding land fund) shall be the compensation cost approved by the State according to the compensation, support and resettlement plan.

The land fund for payment to investors must be in accordance with the planning approved by competent authorities according to the provisions of relevant laws. The land fund managed by state agencies is only an interstitial land fund, accounting for a small proportion of the land area expected to be paid to investors and cannot be separated into independent projects, then it will be used to pay investors to implement BT projects. In case the land fund, public assets are separate or located in the land fund expected to be paid and can be separated into independent projects, an auction must be conducted to implement the payment form using the state budget.

Agree on the policy of 3 methods of land payment for investors implementing BT projects

The Government Standing Committee agreed on the policy of 3 methods of land fund payment for investors implementing BT projects as proposed by the Ministry of Finance. The Ministry of Finance reviewed the draft and clearly specified the criteria for selecting payment methods, for example: for group C projects, the payment method will be implemented once after the BT project is completed; for group A, B, C projects, the payment method will be implemented in installments corresponding to the percentage of the BT project's acceptance volume; for large-scale projects, the payment method for the entire land fund will be implemented once after signing the project contract, and there must be a contract performance guarantee from a commercial bank.

At the same time, the Ministry of Finance is assigned to carefully review the plan to pay for the entire land fund at once after signing the project contract, ensuring strict control, in which the land fund paid to the investor does not exceed the final settlement value of the BT project. Investors may be allowed to prepare designs and estimates, but state agencies must appraise the designs and estimates for BT projects, ensuring the exact value of the BT project to be included in the project contract.

Provincial People's Committees shall pay the central budget according to the regulated rate as prescribed by the State Budget Law; the Ministry of Finance shall supervise and ensure correct and full payment as prescribed. This Decree does not stipulate loan interest (during or after the construction phase) but shall be implemented in accordance with relevant laws. The Ministry of Finance shall consider and carefully study "recording revenue and expenditure" to ensure strictness and compliance with legal regulations.

The Government Standing Committee assigned Deputy Prime Minister Ho Duc Phoc and the Minister of Finance to perform the assigned functions and tasks, complete and sign the Decree to remove difficulties and resource bottlenecks, ensure transparency, thoroughly decentralize power to People's Committees at all levels, cut all cumbersome administrative procedures that increase compliance costs, but must be strict, not contrary to the provisions of the law, and fight negativity, corruption, and group interests.

Updated on September 26, 2025

Source: https://laichau.gov.vn/tin-tuc-su-kien/chuyen-de/tin-trong-nuoc/xay-dung-chinh-sach-hop-dong-bt-thong-thoang-khac-phuc-bat-cap-ngan-that-thoat.html