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INTRODUCTION

PPP Contracts

Pursuant to Article 3 of Decree 15/2015/ND-CP dated February 14, 2015 by the Government, "investment in the form of public-private partnerships" and other types of contracts of this form of investment are defined as follows:

1. Investment in the form of public-private partnerships (hereinafter referred to as PPPs) means the form of investment executed on the basis of contracts between authorized state agencies and investors, project enterprises to implement, manage, and operate an infrastructure project and to provide public service.

2. The project contract is the contract specified in Clauses 3, 4, 5, 6, 7, 8 and 9 of this Article and other similar contracts specified in Clause 3, Article 32 of this Decree.

3. Build-Operate-Transfer contract (hereinafter referred to as BOT contract) means a contract signed between an authorized state agency and (an) investor(s) to build an infrastructure facility; after the completion of the constructed facility, the investor(s) shall have the right to commercially operate such facility for a fixed term; at the end of such term, the investor(s) shall transfer the facility to the authorized state agency.

4. Build-Transfer-Operate contract (hereinafter referred to as BTO contract) means a contract signed between an authorized state agency and (an) investor(s) to build an infrastructure facility; after the completion of the constructed facility, the investor(s) shall transfer [such facility] to the authorized state agency and shall have the right to commercially operate such facility for a fixed term

5. Build-Transfer contract (hereinafter referred to as BT contract) means a contract signed between an authorized state agency and (an) investor(s) to build an infrastructure facility; the investor(s) shall transfer the facility to the authorized state agency and shall be paid by the land fund for implementing the Other Project3 pursuant to the conditions as provided in Clause 3 of Article 14 and Clause 3 of Article 43 of this Decree.

6. Build-Own-Operate contract (hereinafter referred to as BOO contract) means a contract signed between an authorized state agency and (an) investor(s) to build an infrastructure facility; after the completion of the facility, the investor(s) shall own and have the right to commercially operate such facility for a fixed term.

7. Build-Transfer-Lease contract (hereinafter referred to as BTL contract) means a contract signed between an authorized state agency and (an) investor(s) to build an infrastructure facility; after the completion of the facility, the investor(s) shall transfer [such facility] to the authorized state agency and shall have the right to provide services on the basis of commercial operation, exploitation of such infrastructure facility for a fixed term; the authorized state agency shall lease the services and make payments to the investor(s) in accordance with the conditions as provided in Clause 2 of Article 14 of this Decree

8. Build-Lease-Transfer contract (hereinafter referred to as BLT contract) means a contract signed between an authorized state agency and (an) investor(s) to build an infrastructure facility; after the completion of the facility, the investor(s) shall have right to provide services on the basis of commercial operation and exploitation of such facilities for a fixed term; the authorized state agency shall lease the services and make payments to the investor(s) in accordance with the conditions as provided in Clause 2 of Article 14 of this Decree; at the end of the term for providing services, the investor(s) shall transfer the facilities to the authorized state agency.

9. Operate-Manage contract (hereinafter referred to as O&M contract) means a contract signed between an authorized state agency and (an) investor(s) to commercially operate part of a facility or the entire facility for a fixed term.