The Government has issued Decree No. 71/2025/ND-CP amending and supplementing a number of articles of Decree No. 35/2021/ND-CP detailing and guiding the implementation of the Law on Investment under the public-private partnership (PPP Law).
According to the decree, the project is under the authority of the Prime Minister to decide on investment policies, the appraisal period is shortened from no more than 45 days to no more than 30 days.
The project is under the authority to decide the investment policy of the Minister, the head of the central agency, other agencies, the provincial People's Council, the provincial People's Committee: not more than 14 days (the old regulations are no more than 30 days).
For projects that only require an economic - technical report on construction investment: no more than 10 days.
Projects under the approval authority of the Prime Minister: The appraisal period is shortened from no more than 90 days to no more than 30 days.
For projects under the approval authority of Ministers, heads of central agencies, other agencies, and Chairmen of provincial People's Committees: 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.
Regarding the order of deciding the investment policy of PPP project under the jurisdiction of the provincial People's Committee, Article 12 of the PPP Law supplements the provisions of the authority to decide the policy of the provincial People's Council and the provincial People's Committee, including the decentralization of the authority to decide on the investment policy of PPP projects under the management of two provincial administrative units or higher from the Prime Minister for 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 within two or more provincial-level administrative units.
For PPP projects implemented in areas with two or more provincial-level administrative units falling under the provisions of Point b, Clause 4 or Point b, Clause 4a, Article 12 of the PPP Law, the Prime Minister shall assign the Ministers of the sector to manage the sector with a consensus on assigning an agency as a competent authority.
The decision on the investment policy for PPP projects is implemented as follows:
The provincial People's Committees of localities where the project is implemented will discuss and agree on the proposed implementation of the project, including the following contents: project name, scale, location, type of PPP project contract, preliminary total investment, state capital in PPP project and allocate responsibility for balancing and budget allocation of each locality.
For projects under the authority of the Provincial People's Council to decide on investment policies, the Provincial People's Committees of localities where the project is implemented shall report to the Provincial People's Council for consideration and approval of the content specified in Point a of this Clause.
Based on the consensus documents of the Provincial People's Council, the Provincial People's Committees of the localities where the project is implemented agree with the Ministry of Industry Management on assigning a locality as a competent authority.
For projects under the authority of the investment policy decision-making of the provincial People's Committee, the localities where the project is implemented will agree with the Ministry of Industry Management on assigning a locality as a competent authority.
In case the project requires the use of state capital to participate in the PPP project, the People's Committees of the localities shall report to the Provincial People's Councils before agreeing with the sector management ministry on assigning a locality as a competent authority.
