According to Ms. Duong Kim Loan's feedback (Thai Nguyen), based on the Investment Law, a PPP project contract is a written agreement between the contracting authority and the investor, PPP project enterprise regarding the State's concession to the investor, PPP project enterprise to implement the PPP project according to this Law, including a type of contract: Build-Own-Operate (BOO contract).

Ms. Duong Kim Loan (Thai Nguyen) asked, so which projects are eligible for BOO contracts?

The Ministry of Planning and Investment responds to this issue as follows:

According to the provisions at Point c, Clause 1, Article 45 of the Law on Investment under the PPP model (PPP Law), a BOO contract is a contract in which the investor, PPP project enterprise is granted the right to build, own, operate, operate construction works, infrastructure systems within a certain period; upon expiration, the investor, PPP project enterprise terminates the contract.

Article 4 of the PPP Law stipulates the investment sectors and project scales under PPP contracts, including BOO contracts.

To select investment projects under the PPP model, the project must meet the following conditions (Clause 1, Article 14 of the PPP Law):

-  Investment necessity;

-  Belong to the sectors specified in Clause 1, Article 4 of the PPP Law and meet the minimum total investment scale specified in Clause 2, Article 4 of the PPP Law;

-  Not overlapping with PPP projects that have investment decision or project approval decisions;

-  Have advantages over other forms of investment;

-  Ability to allocate state capital in case of need for state capital use.

Based on the above provisions, investment projects under the PPP model (including BOO contracts) must belong to sectors, scales, and meet the conditions specified in the PPP Law, Decrees, and guiding Circulars.