Public-Private Partnerships, Private Sector Development, and State-Owned Enterprise Reform - Supporting line-ministries to Prepare PPP Circular in Specific Sectors

• Country: Viet Nam
• Summary: Public-Private Partnerships, Private Sector Development, and State-Owned Enterprise Reform - Supporting line-ministries to Prepare PPP Circular in Specific Sectors
• VNT Ref No: 64831898
• Deadline: 18 Apr 2022
• Financier: Asian Development Bank (ADB)
• Purchaser Ownership: Government
• Tender Value: Refer Document
• Notice Type: Tender
• Document Ref. No.: TA-6734 VIE
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• Description:
• Public-Private Partnerships, Private Sector Development, and State-Owned Enterprise Reform - Supporting line-ministries to prepare PPP Circular in specific sectors Approval Date: 10-Jun-2021 Deadline of Submitting EOI: 18-Apr-2022 11:59 PM Manila local time Estimated Short-listing Date: 29-Apr-2022 Estimated Commencement Date: 01-Jul-2022 Estimated Commencement Date: 305,000 USD Engagement Period: 7 MONTH 1. Background The Law on public-private partnership (hereinafter referred to as the PPP Law) was approved by the XIV National Assembly at its 9th Session (effective from January 1, 2021). Under the provisions of the PPP Law, the Government has issued Decree No. 35/2021/ND-CP dated March 29, 2021, detailing and guiding the implementation of the PPP Law (hereinafter referred to as Decree No. 35/2021/ND-CP). The promulgation of the above legal documents together with other relevant documents in recent years has developed a legal framework to attract private investments in infrastructure development. According to Article 93 of Decree No. 35/2021/ND-CP, the Government assigned line ministries to provide detailed guidance on PPP investments in respective sectors under their authority, including: a) guidance on appraising technical design according to specialized laws; b) contents of the pre-feasibility study and feasibility study, including socio-economic efficiency indicators; return on equity of investments; evaluation of the quality of the works, infrastructure system, quality of service provisions provided by the project enterprise; depreciation period of the works, infrastructure system; c) criteria and methods to evaluate bids/proposals including criteria and methods to assess qualifications, capacity; technical aspects; financial-commercial aspects; preference criteria for investors having experiences in implementing projects in OECD countries (if applicable); d) standard form of PPP contract suitable to respective sector based on basic contents of the PPP contract as set forth in Article 47 of the PPP Law and the Guidelines to formulate PPP project contract in Appendix VI of the Decree 35/2021/ND-CP. dd) guidance on other necessary contents of Decree 35, provided that they are not contrary to the provisions of the PPP Law and the Decree 35/2021/ND-CP. Furthermore, the Prime Minister signed Directive No. 30/CT-TTG to expedite the implementation of PPP legal documents. By this Directive, the Prime Minister requested line ministries to issue guidance on implementing contents prescribed in Decree No. 35/2021/ND-CP by the second quarter of 2022. 2. Assignment Objective ADB, under the Knowledge and Support Technical Assistance (KSTA) Public-Private Partnerships, Private Sector Development, and State-Owned Enterprise Reform for Vietnam, is recruiting a consulting firm to support the development of circulars to guide PPP investments as described above in some sectors. In particular, the firm will support the Ministry of Agriculture and Rural Development (MARD) to develop a circular related to investments through PPP in irrigation, rural water supply and environmental sanitation; and the Ministry of Health (MOH) to develop a circular related to investments through PPP in the health sector. The firm shall also collaborate with the Ministry of Planning and Investment as the coordinating agency for the KSTA. 3. Scope of Work The firm is required to carry out the following tasks and activities: • Task 1. Review regulations and assess PPP implementation including challenges and constraints in the respective sectors o Conduct an in-depth study of PPP Law, Decree No. 35/2021/ND-CP, Circular No. 09/2021/TT-BKHDT of MPI, and other related legal provisions in the respective sectors; identify challenges and constraints in implementing PPPs in the respective sectors and recommend appropriate policies and legal provisions to address those challenges; • Task 2: Propose PPP modalities suitable in the sectors and sub-sectors and recommend policies to address the challenges and constraints o Identify and analyze international regulations, guidance and practices, including case-study of successful and unsuccessful PPP projects in each mentioned sector that are considered appropriate for Vietnam and based on the outcome of task 1 recommend appropriate contents in the proposed PPP Circulars covering (i) guidance on socio-economic efficiency indicators; return on equity; methodologies and tools to evaluate quality of works, infrastructure developed, and the service provision provided by the project enterprise; depreciation period of infrastructure assets to be included in pre-feasibility study report and the feasibility study report, (ii) guidance on selection of investors for PPP projects, including criteria and methods to evaluate bids/proposals, i.e. those to assess qualifications, capacity; technical aspects; financial-commercial aspects; preference criteria for investors having experiences in implementing projects in OECD countries (if applicable), (iii) PPP contract form suitable to the sectors based on the basic contents of the PPP project contract provided in the PPP Law and the Guidelines for contract formulation under PPP project in the Decree 35/2021/ND-CP, (iv) PPP contracts managements, performance management and responsibilities and other necessary contents, (v) recommend set of Key Performance Indicators (KPIs) for relevant contract type and (vi) principles to calculate prices for medical service in health PPP projects. o Prepare reports of detailed findings and recommendations as described in this Task • Task 3: Support MARD and MOH to develop circular and guidance in their sectors/sub-sectors o Based on the outcome of task 1 and task 2, support MARD and MOH to (i) develop an outline and draft a circular to guide implementation of PPP investments in the sector and (ii) assist consultation process, including gathering and reviewing stakeholders- comments, feedback, and suggestions and (iii) offer specific recommendations; o Support MARD and MOH to finalize the draft circulars incorporating appropriate comments, feedback, and suggestions from the relevant stakeholders, In carrying out the above activities, the firm shall work closely with relevant departments of the Ministry of Agriculture and Rural Development, of the Ministry of Health, the ADB team, and the Public Procurement Agency (PPA) under the Ministry of Planning and Investment. 4. The team compositions: (i) PPP Legal expert/Team Leader (international, 3 person-months). Detailed tasks: + reviewing PPP legal documents, sectoral legal documents, identifying gaps (task 1); sharing appropriate international legal documents and providing policies and legal recommendations (task 2), and assisting the development of circular (task 3). + developing a definitive working plan to achieve the intended objectives and outputs; + managing and coordinating the day-to-day work and exercising quality and administrative control of team operations to ensure timely and high quality of the deliverable submissions; and + being the focal person to work with MARD, MOH, ADB, and PPA on behalf of the firm Qualification requirements: + Law Graduate with at least ten (10) years in the practice of law. + Strong knowledge of investment projects, particularly PPP projects with at least 10 years experience in infrastructure project structuring. + Knowledge of international legislation applicable to investment project financing and PPPs. + Strong knowledge of PPPs in the region and particularly in Viet Nam, knowledge of PPP legal framework is an asset. (ii) PPP expert/project coordinator (national, 4 person-months) Detailed tasks: + Assessing PPP policies, identifying gaps and providing recommendations, assisting team leader to implement (task 1, 2, 3). + Coordinating with government agencies and key stakeholders in implementing the assignment, + Facilitating consultations during developing circulars, and + Supporting the Team Leader in all activities related to this contract. Qualification requirement: + A master-s degree in finance, economics, business administration, or relevant field + Minimum of 7 years experience with infrastructure projects, particularly PPPs + Experience in supporting the development of the PPP framework is preferable + Experience in evaluating PPP potential for projects in various sectors. + Experience in conducting workshops and training, and sustaining a network of key partners + Native Vietnamese speaker and excellent English skills; and + Experience working with international organizations is preferable. (iii) PPP legal advisor (national, 3 person-months) Detailed tasks: assisting the Team leader in reviewing PPP legal documents, sectoral legal documents, identifying gaps (task 1) and sharing appropriate international legal documents and providing policies and legal recommendations to the extent possible (task 2), and assisting the development of circular and legal consultations, including reviewing comments/feedbacks and proposing responses (task 3). Qualification requirements: + Law Graduate with at least seven (7) years in the practice of law + Strong knowledge of investment projects, particularly PPP projects with at least 7 years experience in infrastructure project financing and legal structuring of PPP transactions + Strong knowledge of the PPP legal framework in Vietnam + Excellent English skills, and + Experience working with international organizations is preferable. (iv) Sectoral experts/engineers (2 national, 2 person-months/each) Detailed tasks: assessing PPP implementation in respective sectors, identifying gaps and providing recommendations, including technical performance indicators and management, as
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