Question: I am a representative of an investor currently having an investment project in the form of Build – Transfer (BT) which has been backlogged for many years, especially facing obstacles related to the payment land fund. I have been informed that the Government has recently promulgated a new regulation to resolve this situation. Please let me know what the content of the implementation principles of this regulation is, what impacts it brings, what risks my enterprise faces in case of non-compliance, and what specific action plan is required?

Resolving obstacles for transitional BT Projects according to Resolution 16/2026/NQ-CP

Answer:

1. Main contents: Resolution 16/2026/NQ-CP provides for mechanisms and policies to resolve obstacles for BT projects, specifically including the following core contents:

– Scope of application: Applicable to transitional BT projects (implemented prior to the effective date of the Law on Public – Private Partnership Investment) included in the list of projects in the Appendices promulgated together with the Resolution.

(Pursuant to Clause 1 Article 1 of Resolution 16/2026/NQ-CP)

– Implementation principles:

+ To be implemented in accordance with the proper authority, sequence, and procedures.

+ If an inspection conclusion exists, it shall be processed according to the Resolution in case of discrepancies.

(Pursuant to Clause 2 Article 2 of Resolution 16/2026/NQ-CP)

2. Greatest impacts

– The Resolution paves the way for resolving backlogged BT projects, especially projects associated with payment land funds.

(Pursuant to Article 6 of Resolution 16/2026/NQ-CP)

3. Risks of non-compliance

– Risk of the project not being included in the list to be resolved.

– Risk when the inspection dossier or legal dossier on land has not been fully prepared.

– The delay in processing prior to the deadline of December 31, 2027 shall cause the project to lose the opportunity to be resolved.

(Pursuant to Point h Clause 1 Article 13  Resolution 16/2026/NQ-CP)

4. Proposed action plans

– The enterprise shall immediately cross-check its project against the list in the appendices of the Resolution.

– The inspection dossier shall be proactively reviewed and a plan to process obstacles shall be prepared immediately in Quarter II.

5. Notes and recommendations

– Proactive review & negotiation: Immediately cross-check your project against the attached list. Promptly coordinate with the competent agency to negotiate and sign a contract amendment appendix.

– Ensuring progress and financial resources: Strictly comply with the project schedule and conclusions of the Inspectorate and State Audit (if any). Crucially, prepare sufficient funds to pay any supplementary difference in land use fees/land rental to the State budget before the deadline of December 31, 2027.