scholarly journals Regulations on PPP contracts in Vietnam: Status Quos and Solutions

2021 ◽  
Vol 263 ◽  
pp. 05004
Author(s):  
Nguyen Quoc Toan ◽  
Nguyen Dinh Phong ◽  
Nguyen Viet Huong ◽  
Nguyen Thi Tuyet Dung ◽  
Nguyen Tan

PPP investments have been in practice in Vietnam for more than 20 years, yet, many shortcomings and constraints have been revealed. This paper analyzes applicable legal regulations on Public-private partnership contracts of investment in Vietnam, and demonstrates barriers encountered by parties, particularly private sector, including discrepancies and non-coherence among legal documents resulting in losses, wastes of resources; absence of standard agreements/ contracts making negotiations and contract signing hard to conclude; insufficient clarity in provisions about concessioning, and responsibilities, among others. The analysis, hence, suggests how to deal with the situation by amendments, supplements to provisions on the agreements between public and private partners.

2014 ◽  
Vol 41 (10) ◽  
pp. 994-1010 ◽  
Author(s):  
Abouzar Zangoueinezhad ◽  
Adel Azar

Purpose – Public-private partnership (PPP) is mutually beneficial relationships that are formed between the public and private sectors. The private-sector partner typically makes a substantial equity investment, and in return the public sector gains access to new or improved services. When properly vetted and structured, PPP allocate risk to the party best suited to handle it. The purpose of this paper is to examine the relationship between the scale and nature of the PPP's contribution as a driver of the economic growth and gross domestic product (GDP). Design/methodology/approach – Using statistics causality modeling and relevant statistical techniques, the dynamic interactions and interdependencies over PPP and economic growth were addressed and quantified. Findings – Although PPP can free up government resources for other public priorities, three key factors enable PPP to stimulate a country's economic growth: the number of PPP projects under way, the value of PPP projects, and the ideal type of PPP contracts in use. Originality/value – The number, value, and type of PPP, combined with supportive policies, power economic growth. Governments with well-established and enforced policies against corruption, combined with low business transaction costs, a transparent legislative system, and exchange rate and monetary stability are far more attractive to the private sector.


2017 ◽  
Vol 7 (2) ◽  
pp. 66-86
Author(s):  
Do Tien Sy ◽  
Veerasak Likhitruangsilp ◽  
Masamitsu Onishi ◽  
Phong Thanh Nguyen

This paper identifies the concern factors of private investors associated with Public-Private Partnership (PPP) transportation projects in Vietnam. The concern factors are incorporated into four main groups: (1) company profile; (2) finance; (3) opportunities; and (4) risk perceptions. The paper examines the different perceptions by the public and private sectors about these concern factors adopted by experienced professionals related to PPP transportation projects. Based on a questionnaire survey in Vietnam, the most concern factors of private investors are their own capacity, demand issues, legal and political risks, long-term income, and financial sources issues of the PPP project. Moreover, five factors that represent the significant differences between the private and public sectors including political risks, enhancement of company’s strength in its industry, construction risks, demand issues, and financial viability of the company are also discovered. Addressing the different perceptions is indispensable to ensure the public sector can establish necessary policies that appeal to both domestic and foreign private investors. The paper at the same time hopes to provide some of lessons for the private sector.


2014 ◽  
Vol 4 (3) ◽  
pp. 238-250 ◽  
Author(s):  
Suhaiza Ismail ◽  
Fatimah Azzahra Haris

Purpose – The purpose of this paper is to study two objectives. First, it intends to scrutinize the challenges in implementing Public Private Partnership (PPP) by examining the factors that hinder the successful adoption of PPP in Malaysia. Second, it aims to investigate the differences in the perceptions of the government and the private sector pertaining to the hindrance factors. Design/methodology/approach – A questionnaire survey was used to elicit the perceptions of the public and private sectors concerning the constraints of PPP implementation in Malaysia. A total of 122 usable responses were obtained, which were analysed using Statistical Package for Social Sciences software. The mean score and mean score ranking were used to examine the importance of the hindrance factors based on the overall responses as well as on the respective responses of the public and the private sectors. An independent sample t-test was used to examine the differences in the perceptions between the two sectors. Findings – The overall results show that “lengthy delays in negotiation”, “lack of government guidelines and procedures on PPP”, “higher charge to direct users”, “lengthy delays because of political debate” and “confusion over government objectives and evaluation criteria” are the top five constraints for adopting PPP in Malaysia. In terms of the differences in the perceptions between the public and private sector groups, the statistical test results indicate that there are only significant differences in the perceptions for two hindrance factors. Originality/value – The paper contributes to the existing literature on PPP, which is currently limited, by focusing on the challenges of implementing PPP in a developing country (i.e. Malaysia). More importantly, this paper provides evidence concerning the differences in the opinion of two key players (i.e. the government and the private sector) on the PPP hindrance factors.


2018 ◽  
Vol 2018 ◽  
pp. 1-10 ◽  
Author(s):  
Jing Du ◽  
Hongyue Wu ◽  
Lei Zhu

As an important issue in the public-private partnership (PPP) projects, the profit distribution has a critical impact on both the public and private sectors. Moreover, the influence of the private sector on the profit distribution of PPP projects cannot be ignored because the private sector are the implementers of PPP projects and responsible for the life-cycle performance and management of PPP projects. Therefore, this study aims at (1) investigating the influencing factors of the profit distribution of PPP projects from the private sector’s perspective and (2) analyzing the relationships between the factors and the profit distribution by the qualitative comparative analysis (QCA). The results first showed that the five key influencing factors on the profit distribution from the private sector’s perspective were the risk sharing, financing ability, investment, management ability, and effort level. Moreover, the results indicated that the risk sharing was the most important factor that had a positive impact on the profit distribution. Furthermore, the strong management ability and the high ratio of investment were identified as critical factors that led to a larger proportion of profits distributed to the private sector. In addition, the financing ability and the effort level of the private sector should also be considered in the profit distribution plan. The findings first contributed to the body of knowledge on the influencing factors of the profit distribution in PPP projects. In addition, this study is the first attempt of exploring the characteristics of the private sector under the context of profit distribution of PPP projects and using the QCA method to enrich the theoretical research. Thus, the findings would help the private companies improve their abilities and ensure their profits. Besides, the public and private sectors can make appropriate profit distribution proposals in practice based on the conclusion of this study.


2020 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Miliete Negash Gebremeskel ◽  
Soo Yong Kim ◽  
Le Dinh Thuc ◽  
Minh V. Nguyen

PurposeThe purpose of this study is to identify driving factors and a quantitative model for implementing public-private partnership (PPP) projects in Ethiopia as a case study in emerging economies.Design/methodology/approachA review of the literature and semi-structured interviews were carried out to identify driving factors affecting the implementation of PPP projects in the Ethiopian context. Data were collected through a questionnaire survey within three months, with 59 validated responses; mean score technique and factor analysis were conducted. The fuzzy synthetic evaluation (FSE) method was applied to develop a driving index (DI) for implementing infrastructure PPP projects. Finally, a comparative analysis of top-five drivers was conducted between four emerging economies.FindingsMean values show that all driving variables are important. Through factor analysis, 22 identified driving variables were grouped into six factors, namely, benefit for public and private sectors, attention of private sector, social development, cost reduction, management ability of public sector and ability of private sector. The FSE method constructs a DI and shows that benefit for public and private sectors is the most crucial factor for PPP implementation in the context of Ethiopia. Apart from this, most driving forces for adopting PPP projects in these countries related to financial problems.Originality/valueThis study is one of the first integrate driving factors for PPP implementation. The index provides the decision-makers with a comprehensive tool to assess the needs of PPP implementation.


2021 ◽  
Vol 16 (1) ◽  
pp. 33-39
Author(s):  
Cynthia Lau ◽  
Ben Yuk Fai Fong

Public Private Partnership Programme is a cooperation between different healthcare professionals in both public and private sectors. Over the decades, many programmes have been developed which cover various diseases, including chronic conditions and surgery for cataracts, as well as vaccinations. However, these programmes are not successful because of the unsatisfactory service charges to private sector, overlapped aims and resources and wrong estimation of the needs. To become successful, programmes reform is required by rearranging resources, annual reviews, more financial support and extending the coverage of diseases. Promotions are beneficial to all stakeholders. Overall, better coordination between both sectors is the most essential factor which can lead the programme to success and maintain a better health care system in Hong Kong.


2021 ◽  
pp. 55-62
Author(s):  
I. S. Polyakova

The objective of this research is to consider some controversial issues of the development of public-and-private partnership (and concession agreements as its most common form) in Russia. Some complaints made by Federal Antimonopoly Service of the Russian Federation to some infrastructure projects are reviewed. The author studied dynamics of private investments into infrastructure projects in the conditions of imperfect legal regulation. The assessment of the validity of the position of Federal Antimonopoly Service is given. It is predicted whether the legislative collisions will prevent the growth of private investments into infrastructure. Recommendations on the development of the mechanism of public-and-private partnership with the observance of antimonopoly regulation, as well as recommendation on the improvement of the legislation in this area are developed. The results of the research can be used by both private participants of public-and-private partnership and the federal, regional and municipal authorities, and also by legislators working on the improvement of the legislative regulation in this area.


2009 ◽  
Vol 13 (3) ◽  
pp. 219-228 ◽  
Author(s):  
Antti Tieva ◽  
Juha-Matti Junnonen

Public‐private‐partnership projects are long term, complex and very challenging contractual arrangements and relationships. They bring new roles for public sector and also for private sector in terms of construction and services. This paper will go through some features of the Finnish PPPs. Proactive law focuses in practical views as regards contract law and contractual issues. The main target is to prevent problems instead of confronting them. This paper will clarify what proactive law is about in terms of contract law and contracting especially in PPPs. For instance, 20–40 years’ partnership relation with PPPs brings up also dozens of different risks into the picture. This paper will discuss the risks and risk management in terms of proactive law and after that, focus on PPPs in Finland. Santruka Viešojo ir privataus sektoriu partnerystes (VPP) projektai ‐ tai ilgalaikiai, sude tin gi ir itin daug pastangu reikalaujantys sutartiniai susitarimai ir santykiai. Ne tik viešajame, bet ir privačiajame sektoriuje jie sukuria naujus, su statyba ir paslaugomis susijusius, vaidmenis. Šiame darbe apžvelgiami kai kurie Suomijos VPP bruožai. Iniciatyvi teise glaudžiai susijusi su prak ti nemis pažiūromis, sutarčiu teise ir pan. Pagrindinis tikslas ‐ išvengti problemu užuot jas sprendus. Šiame darbe paaiškinama iniciatyvios teises esme sudarant sutartis, ypač VPP. Pavyzdžiui, kai VPP trunka 20–40 metu, susiduriama su daugybe ivairiu rizikos rūšiu. Todel straipsnyje pirmiausia aptariamos rizikos rūšys ir rizikos valdymo būdai taikant iniciatyvia teise, o po to ‐ Suomijos VPP.


2006 ◽  
Vol 53 (3) ◽  
pp. 299-311 ◽  
Author(s):  
Viktorija Bojovic

This paper discusses recent changes in the way public services are delivered A marked increase in the cooperation between the public and private sector in the realization of complex projects, mostly concerning development of infrastructure, is the main characteristic of present-day developing economies. The creation of new, innovative agreements is driven by the limitation of public funds and an ever-growing demand for an increase in the quality of public services. Looking upon the western economies experience alternatives to the traditional public sector procurement are identified in the public/private partnership. The public/private partnership can be seen as one component in the rearrangement of the public sector with a management culture that focuses on the citizen or customer. Also included in this are accountability for results, investigation of a wide variety of alternative service delivery mechanisms, and competition between public and private bodies for contracts to deliver services consistent with cost recovery and the achievement of value for money. The partnership can be realized through an array of models and in this paper priority is given to the DBFO (design-build-finance-operate) model, due to its importance in implementation. The DBFO model is considered to be a synonym for the public/private partnership, as it is the most suitable for complex projects and gains the most benefits.


2018 ◽  
Author(s):  
Presya Ramadhan

This paper examines the role of Middle East Investment Initiative (MEII) in development in the West Bank, Palestine in the U.S.-Palestine Partnership (UPP) framework. Answering the question of how the role of the Middle East Investment Initiative (MEII) in development in Palestine in the US-Palestine Partnership (UPP) framework and how the contribution of Public-Private Partnership (PPP) to development in Palestine, the author's thesis statement is that amid diplomatic and territorial disputes, The Middle East Investment Initiative (MEII) as a public-private partnership becomes the main channel for collecting and channeling development assistance such as resources and private sector investment that can benefit the West Bank and bring prosperity to people Palestinians. While the private sector such as the Middle East Investment Initiative (MEII) cannot do much to address diplomacy or security issues, the private sector can play an equally important role through the contribution of resources and investment to conflict areas such as Palestine to help economic development In the West Bank, Palestine.


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