Many investment hindrances in the form of PPP

13/03/2017   Viewed: 1005
Expected as one of the ways to promote the strength of economic sectors effectively, but the form of public-private partnership (PPP) investment still has many problems in the process of real implementation. give.
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At the workshop, many comments that regulations on investment in the form of PPP are facing many problems - Photo: Hung Le
These obstacles were noted at the workshop for comments on amending and supplementing Decree 15/2015 / ND-CP on PPP and Decree 30/2015 / ND-CP detailing a number of articles of the Law on Bidding on the selection of investors took place March 10-2017 in Ho Chi Minh City organized by the Ministry of Planning and Investment.
Legal conflict

At this workshop, both state management agencies and investors said that there were many legal obstacles and obstacles in the implementation of the PPP project, leading to many non-selected units. Invest in the form of PPPs.
Specifically, representatives from enforcement agencies such as the local Department of Planning and Investment (MPI) said that legal documents regulating the form of PPP investment are currently limited to the Government decree. The legal framework for this activity is still dependent on laws such as the Enterprise Law, Procurement Law, Public Investment Law ... from preparation to investment, operation and exploitation of the project. . Meanwhile, these documents are mainly designed to regulate public investment projects.
Delegates raised concerns when implementing BOT (Build - Operate - Transfer) projects. Decree 15 / CP allows when the BOT project has foreign investors, it is allowed to apply foreign laws, but currently issues relating to land under the Land Law still can not agree that will be applied. How to use
Or according to Decree 15 and Decree 30, the evaluation of bidding activities for the selection of BT project investors (build-transfer) on housing is the responsibility of the Department of Planning and Investment. However, Article 14 of Decree 99 / CP (guiding the implementation of the Housing Law) assigns this work to the Department of Construction.
Because the PPP investment form has only been adjusted at the decree level, investors are concerned about the stability of the policy. According to the investor, a PPP project has a relatively long investment period, while within a few years there are several decree adjustments. The transition from one decree to another makes investors very confused and the departments of project management are also entangled in the application.
Representatives of the Department of Planning and Investment of Khanh Hoa province said that the transitional processing between decrees causing many difficulties, such as Decree 108, specifies the time to decide the form of investor selection is 30 days after the announcement. Project (preliminary or proposed), not required to prepare the feasibility study report.
If only one investor is proposed then the investor is appointed. At the same time, Decree 30 stipulates that the time for deciding the form of investor selection is only one short-listed investor after the prequalification of the investor (feasibility study report).
The duration from the publication of the project portfolio to the completion of the feasibility study report is very long, sometimes up to two years. When a project is dealt with pursuant to Decree 15, only investors "have approved the result of investor selection" or "initial contract" before the effective date of Decree 15. New to not have to select investors again.
According to the Department of Planning and Investment of Khanh Hoa province, this is the main reason that some projects in this locality, even if the provincial People's Committee "designated investors" according to Decree 108 before, still have to ask for it again. Opinion Prime Minister to be ... allowed. The incident is very complicated and complicated.
As a result, both the State and the private sector face many difficulties in implementing the necessary procedures, procedures and contents to implement the project investment decision; In the supervision, acceptance test and payment of works, especially management of the State capital contribution; In monitoring and quality control in the process of investment and operation; In the implementation of preferential mechanisms, investment guarantee.
According to the Procurement Management Department (MPI), in the past two years, PPP projects were mainly in transition between the two legal frameworks (the two decrees); Projects under the new legal framework are in the process of project preparation - project proposals, feasibility studies and investor selection.
Many other difficulties
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Mr. Tran Viet Dung, Chief of PPP Office also raised difficulties and obstacles in the process of implementing PPP - Photos: Hung Le
Tran Viet Dung, chief of the PPP Office under the Procurement Management Department, said that the PPP investment model is not only being governed by many laws but also overlapping with the form of socialization, scope of application. Socialization has not been clearly defined with PPP, making it difficult for state agencies to select investment models.
In addition, Mr. Dung pointed out other weaknesses such as poor capacity of executives, limited budgetary resources, short-term trade credits, or guarantee mechanisms.
A representative from the Department of Planning and Investment in Dong Nai also mentioned his difficulties in human resource capacity. According to him, for projects with 120 billion or more (with land use) according to regulations, international bidding. Meanwhile, the Department of Planning and Investment of Dong Nai Province only few know how to "connote" English and to understand the specialized regulations on PPP, there are no people, so no one will find good people. He stands out for international bidding. Not only your local area, but other localities have similar difficulties, while most of the investment projects in the form of PPP have large capital.
In addition, in bidding to exploit the land fund, investors must always pay for site clearance, while current site clearance is the responsibility of state management agencies.
At the workshop, the comments also raised questions, as in the case where the State still assigns public service delivery units and public utility enterprises to provide public services that the State must guarantee (through The ordering mechanism, the task assignment), these units are considered as a contracting party with selected private partners or not.
The issue of funding for PPP projects is also difficult because the medium-term public investment plans of ministries, sectors and localities are less allocated to the state capital involved in PPP projects and the mobilization of funds. Commercial credit for PPP projects is not easy. Suggestions The State should create a legal corridor for contractors to be granted long-term foreign loans.
Hung Le (Sai ​​Gon Economic Times)

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