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For the purpose of this questionnaire, and in accordance with the International Monetary Fund’s definition (https://www.imf.org/external/np/sta/di/glossary.pdf), a foreign firm is a foreign-owned domestically incorporated enterprise (e.g. subsidiaries) in which a foreign investor owns 10 percent or more of the ordinary shares or voting power.)×
Material Adverse Government Action means any act or omission by the procuring authority or other relevant authority, which occurs during the term of the PPP Contract and which has a material adverse effect on (i) the ability of the PPPCo to comply with any of its material obligations under this PPP Contract and/or (ii) the cost or the profits arising from such performance.)×
A financial model is an analytical tool that allows the user to assess the financial robustness of the project by representing its expected financial performance, including cash flows, returns, etc. Not to be confused with a financial proposal.)×
To conduct the analysis on Vietnam, Benchmarking Public Procurement team referred to Law on Public Procurement No.43/2013/QH13 dated November 26, 2013, Decree No.63/2014/ND-CP dated June 26, 2014, Joint Circular 20/2010/TTLT-BKH-BTC dated September 9, 2010, and Decree 37/2015/ND-CP dated April 22, 2015.
To conduct the analysis on Vietnam, for the Public-Private Partnerships Procurement topic, the team referred to the Decree 15/2015/ND-CP, dated February 14, 2015 on "Investment in the Form of a Public Private Partnership", the Circular No. 02/2016/TT-BKHDT, dated March 1, 2016, the Law on Bidding No. 43/2013/QH13, dated November 26, 2013, the Decree 30/2015/ND-CP, dated March 17, 2015 on "Bidding", the Law on Investment No. 67/2014/QH13, dated November 26, 2014, and the Law on Public Investment No. 49/2014/QH13, dated June 18, 2014.×