Build-operate-transfer (’BOT’), Build-transfer (’BT’) and Build-transfer-operate (’BTO’) Contracts in Vietnam

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Foreign investors may sign BOT, BT and BTO contracts with a competent State body to implement infrastructure construction projects in Vietnam.

Typically, the contracts are for projects in the fields of transportation, electricity production, water supply, drainage and waste treatment.

The rights and obligations of the foreign investor will be regulated by the signed BOT/ BT/BTO contract.

Under a decree dated 5 April 2011 on BOT, BT and BTO contracts, the Government encourages both public- and private-sector investors to participate in BOT, BTO and BT in the following sectors:

(i)  construction, operation and management of brand-new infrastructure facilities; and

(ii) renovation, expansion, modernisation, operation and management of the existing infrastructure facilities such as:

•  Roads, bridges, tunnels, and ferry landings;

•  Railway bridges and railway tunnels;

•  Airports, seaports and river ports;

•  Clean water supply systems; sewage systems;

•  Wastewater, waste collecting and handling systems;

•  Power plants and power transmission lines;

•  Infrastructure works of health service, education, training, career training, culture, sport and offices of State agencies; and

•  Other projects as may be determined by the Prime Minister.

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