BT PROJECT IMPLEMENTATION PROCESS FROM OCTOBER 8, 2025
On October 8, 2025, the Government issued Decree 257/2025/ND-CP detailing the implementation of projects applying the Build-Transfer contract type.
Accordingly, Article 4 of Decree 257/2025/ND-CP stipulates the BT project implementation process as follows:
(1) For BT projects under the authority of the National Assembly to decide on investment policies, the implementation process is as follows:
- Prepare and appraise the pre-feasibility study report, submit to the National Assembly for decision on investment policies;
- Prepare and appraise feasibility study reports, approve projects;
- Select investors; prepare, appraise and approve technical designs (in case of three-step design) or construction drawing designs (in case of two-step design) and estimates; sign and execute project contracts.
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(2) For BT projects paid by the state budget or BT projects combined with payment by land fund and state budget, except for projects specified in Clause 1 and Clause 4, Article 4 of Decree 257/2025/ND-CP, the implementation process is as follows:
- Prepare and appraise investment policy proposal reports, decide on investment policies;
- Prepare and appraise feasibility study reports or construction investment economic-technical reports for BT projects subject to preparation of construction investment economic-technical reports; Project approval;
- Selecting investors; preparing, appraising, and approving technical designs (in case of three-step design) or construction drawing designs (in case of two-step design) and estimates; signing and implementing project contracts.
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(3) For BT projects paid by land funds, except for projects specified in Clause 1 and Clause 4, Article 4 of Decree 257/2025/ND-CP, the implementation process is as follows:
- Preparing and appraising feasibility study reports or construction investment economic-technical reports for BT projects subject to preparation of construction investment economic-technical reports; approving projects;
- Selecting investors; Establish, appraise and approve the technical design (in case of three-step design) or construction drawing design (in case of two-step design) and estimate; sign and execute the project contract.
(4) For BT projects paid by land fund proposed by investors in the case of appointing investors according to the provisions of the Law on Investment under the public-private partnership method 2020, except for projects specified in Clause 1, Article 4 of Decree 257/2025/ND-CP, the implementation process is as follows:
- The investor proposes the project, prepares a feasibility study report with a capacity profile and a draft contract;
- The competent authority organizes the appraisal of the feasibility study report, approves the project and the results of appointing investors, the draft contract; technical design (in case of three-step design) or construction drawing design (in case of two-step design) and estimate;
- Signing and executing the project contract.
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(5) Competent authorities are allowed to carry out procedures for appraisal and approval of technical designs (in case of three-step design) or construction drawing designs (in case of two-step design) and estimates of BT project works specified in Point c, Clause 1, Point c, Clause 2, Point b, Clause 3, Point b, Clause 4, Article 4 of Decree 257/2025/ND-CP at the same time as the investor selection process, but must ensure that the BT project contract is signed on the basis of the approved design and estimate.
(6) In case the BT project specified in Clause 3 and Clause 4, Article 4 of Decree 257/2025/ND-CP needs to carry out the procedure for deciding on investment policy as a basis for deciding on the policy of changing the purpose of using rice land according to the provisions of the law on land, deciding on the policy of changing the purpose of using forest land according to the provisions of the law on forestry and carrying out other procedures according to the provisions of relevant laws, the report on proposing investment policy shall be prepared, appraised, and the investment policy shall be decided according to the provisions of Point a, Clause 2, Article 4 of Decree 257/2025/ND-CP. The authority to decide on investment policy for BT projects in this case shall be implemented as prescribed for BT projects paid by the state budget.
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