New regulations on Public - Private Partnership investment*
The Government on February 14, 2015 issued the Decree 15/2015 / ND-CP on investment in the form of Public-Private Partnership (PPP) which shall take into effect as from April 10, 2015. The investment in the form PPP has recently attracted more attention of investors while series of projects in transport infrastructure, ports ... are being interested by private investors with investment tens of trillion.
 
Expanding scope
 
PPP is conducted along with public projects. The Decree 15 covers most aspects of traditional public investments, more expansion than former documents in term of infrastructure to transportation, electricity, water supply and sewerage services to the public services such as health, education, vocational training, sports, and culture. With PPP, localities see a mew channel to attract more capital to remove bottlenecks in public investment. PPP is a priority in the planning and implementation of development plans and economic society in upcoming 5 years
 
Addition of new contracts
 
In addition to the BOT, BTO and BT contract, the Decree 15 sets forth several BOO contracts, O & M, BTL, BLT. Accordingly, there are two groups of contracts: Firstly, the investors directly charge consumers or generate revenue through contract-products. Secondly, the investor's income is generated from the multiple payments by state agencies, which depends on the quality and progress of the investors.
 
Pay attention to project preparation
 
One of new features of the PPP Decree is that it requires the investors to research and prepare properly investment. Accordingly, it is time for the Vietnam to greet international financial markets as well as domestic projects studied in advance.
 
Control output instead of input
 
The new decree on PPP is aimed at output control. This is a new approach which clarifies requirements for the quality of works and services to be provided, not driven for a technology solution deployment. The Investors who have technological, optimum solutions ...  will be selected through the bidding process to ensure the highest quality.
 
Obvious specification of the public investment capital for project implementation
 
In the case of projects with public purposes without repayment, such projects shall require participation of the th State. The Decree specifies attraction of capital for those projects for the purposes of: capital contribution to construction of project; payments for investors; support for construction of support facilities, site clearance, compensation and resettlement...
 
Clarification of two methods involved in the projects
 
In the 1st case, the State determines ideas, making proposals and preparing report on feasibility study. The Investors shall be consulted during project preparation, bidding to win the right to implement the projects. This is the decisive method applicable to the projects being subject to planning and economic development and social sector planning.

In the 2nd case, the investors propose ideas, making proposals and preparing report on feasibility study. When the report is approved, the state agency conducts bidding process in order to select the investors. The investors making proposal are entitled to certain privileges in bidding, costs of the research project shall be refunded in case of failure of the biding.
 
Meet lender’s demand for loans
 
Decree 15 states that the implementation mechanism to take on the project by the lenders shall be conducted through an agreement with competent State authorities. A number of measures to ensure investment in PPP are to make guarantee investors’ obligations, to mortgage projects and land use rights, foreign currency balance.
 
Clear determination of functions of the State and incharge authorities
  
The Decree on PPP determines functions of the State in PPP investment, namely: a party of the PPP contract  who will commit to share risks with investors; build infrastructure, control quality and effective of the investment. Simultaneously, the Decree specifies authorties who shall organize PPP projects whereby State Committee on PPP shall lead.
 
Simplification of procedures applicable to the C projects
 
While only large-scale PPP projects may be carried out according to international practice, the small projects which are C projects under the Law on Public Investment also are added by the Decree 15. This will feature Vietnam whose argicuture, rural development shall bring meaningful impact on the society.

Aimed at flexibility, this Deree provides simplificiation applicable to these projects, i.e: none - study report, none – incorporation of an enterprise and none-issuance of investment registration certificate as well.
 
*Source: http://cafef.vn/vi-mo-dau-tu/10-diem-moi-giup-ppp-thanh-cay-dua-than-doi...