Vietnam's first uniform Public-Private Partnership Law (the
"PPP Law") was recently passed by the
National Assembly, effective from 1 January 2021.
Whilst the new law provides a much needed legislative framework
for the facilitation of PPP investment, it is not without criticism
and several drafting uncertainties present potential concerns for
developers and lenders alike.
A recently published draft decree serves to clarify such
uncertainty, providing further guidance in several key regulatory
areas.1
Eligible Project Sectors and Investment Size
The PPP Law introduced several general eligible sectors for PPP
investment (e.g. Transport, Power, Water, Waste, Healthcare,
Education and Training, IT) but did not provide further guidance on
the specific sub-sectors or investment amounts pertaining to
each.2 The draft decree confirms the
following:3