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Study On Legal Issues Of Vietnam BOT Model

Posted on:2019-03-26Degree:MasterType:Thesis
Country:ChinaCandidate:H RuanFull Text:PDF
GTID:2416330566968220Subject:Economic Law
Abstract/Summary:PDF Full Text Request
After Vietnam completed its national unification,it carried out a series of legislative work,among which,it has made corresponding legal restrictions on its investment,and has simultaneously restricted and restrained investment behaviors both at home and abroad,but due to the difference in the time for the issuance of the two conditions,so their audience is also different.The investment strategies implemented by different investment entities also have certain adjustments,resulting in a certain difference in investment returns and policy support.These aspects have all played a limiting role in Vietnam's investment.Moreover,the problems become more obvious and prominent.Under the background of the development of global economic integration,Vietnam is also constantly integrating into the global economic system.Vietnam's desire to achieve certain advantages in the global economy will inevitably require a sound legal system and its development from the present day.In view of this,it is necessary to continue to open up the local market and actively respond to the call of the global economy.Provide a fair investment platform so that different investors can enjoy fair competition opportunities.As early as 2014 in Vietnam,based on the 2005 version of the “Investment Law”,Vietnam conducted a more in-depth review of the original investment law and a large number of The revision work has increased the applicability of investment activities and created a fair and open investment environment for the Vietnamese government.It can effectively use the law to restrict and protect the fair competition of investors and provide an excellent environment for foreign investors to invest.At present,the global economy is developing at a rapid rate.Under this economic wave,Vietnam will usher in a brand new opportunity for change.With the help of this investment policy,we will intensify our efforts in reform and opening up to achieve rapid integration of the domestic economy with the world economy.This article combines the current situation of foreign BOT investment and relevant research experience,and focuses on the problems existing in the investment law for the BOT model,and solves the problems encountered in the practice of limiting the BOT investment model.Based on the analysis of the current situation of BOT investment mode in France and Japan,and the introduction of related characteristics,the relevant opinions on BOT investment mode in different countries are put forward.As a whole,France's BOT investment mode has a way of operating characteristics and the like,can adopt the model of franchise mode,ownership of company total and relevant units directly management in the country,to expand the BOT investment mode innovation and update method provides a basis;BOT investment mode selection process in Japan in the legal fair,open and transparent,reduce the minimization of government intervention principle,so the idea of legislation,organization mechanism to build program frame on the formation of a very obvious characteristic;different stages of the project cycle,ownership also will have great differences,through the day to participate in project investment the company offers a variety of different modes of selection.According to Vietnam investment law to create BOT and history analysis,put forward the current Vietnam investment law for BOT investment mode,there is a financing risk,force majeure risk,price risk,electricity recovery risk,natural risk caused by incomplete information and other related issues,limiting the Vietnam BOT mode in the development of the country and in order to solve this problem,in the construction of Vietnam BOT mode improving strategy,puts forward the legal changes,government guarantee,environmental risk,project execution and dispute of credit guarantee measures,measures,project economic disputes solving measures and projects to fulfill the relevant strategy in the process of solving the force majeure.
Keywords/Search Tags:Vietnam, BOT model, Legal issue
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