Open for Private Investment in Vietnam Railways

The revised Railway Law has just been passed by the National Assembly will create attraction for investors to set up company in Vietnam to invest in infrastructure and railway projects.

The revised Railway Law has just been passed by the National Assembly and is expected to come into force on July 1^st 2018 with many preferential mechanisms that will create attraction for investors to invest in infrastructure and railway projects.

Up to now, Lotte E&C (Korea) is the most zealous foreign investor in the Yen Vien – Lao Cai Railway Upgrading Project and the project to build railway connecting Lao Cai – Ha Khau in the form of PPP. Previously, in mid-February 2017, a preliminary study including investment plan, capital size and project repayment capacity was submitted by the Korean investor to the Ministry of Transport. In addition to the proposal to apply the form of build – lease – transfer (BLT), Lotte also wants to receive some incentives during the implementation of the project.

It is known that with the type of BLT contract, Lotte will invest capital to build infrastructure. Upon completion, the investor is entitled to provide services on the basis of operating that facility in a determined period of 20 years. The competent state agency shall hire the service and pay to the investor, when expired, the investor shall return the facility to the competent State authority for management and use.

Moreover, the Railway Law (amended) has added a number of provisions, which are considered to be the great drive for the railway sector. Specifically, the rail transport business is defined as the industry that is entitled to investment incentives; Organizations and individuals engaged in railway activities shall be entitled to incentives and supports such as free land use fees for land area for infrastructure construction, the highest incentives level for enterprise income tax rate, enjoy the most preferential credit policy; applying the pricing mechanism for the mode of leasing or transferring the right to exploit railway infrastructure.

These regulations will create breakthroughs in investment resources, attracting businesses to concentrate resources on railway development, in fact many countries have similar policies.

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