1. Trang chủ
  2. » Luận Văn - Báo Cáo

luận văn PUBLIC – PRIVATE PARTNERSHIP (PPP) IN SOLID WASTE MANAGEMENT IN JAPAN, LESSONS FOR VIETNAM

128 334 0

Đang tải... (xem toàn văn)

Tài liệu hạn chế xem trước, để xem đầy đủ mời bạn chọn Tải xuống

THÔNG TIN TÀI LIỆU

Cấu trúc

  • INTRODUCTION

  • CHAPTER 1

  • OVERVIEW OF PPP IN SOLID WASTE MANAGEMENT

    • 1. 1. Definition, characteristics and types of PPP

      • 1.1.1. Definition of PPP

      • 1.1.2. Main characteristics of PPP

        • 1.1.2.1. General characteristics of PPP

        • 1.1.2.2. Advantages and Challenges of PPP

      • 1.1.3. Types of PPP

    • 1.2. Solid waste and role of solid waste management in the socio-economic development

      • 1.2.1. Definition and overview of solid waste management

        • 1.2.1.1. Definition

        • 1.2.1.2. Overview of solid waste management

      • 1.2.2. Role of solid waste management in the socio-economic development

        • 1.2.2.1. Social aspects (Public health)

        • 1.2.2.2. Economic aspects

        • 1.2.2.3. Environmental protection aspects

      • 1.2.3. Challenges of solid waste management in developing countries and in Vietnam

        • 1.2.3.1. Technical Constraints

        • 1.2.3.2. Financial Constraints

        • 1.2.3.3. Institutional Constraints

        • 1.2.3.4. Economic Constraints

        • 1.2.3.5 Social Constraints

        • 1.2.3.6. Vietnam

    • 1.3. Necessity of PPP application in solid waste management

      • 1.3.1. Reduction in management cost

      • 1.3.2. More waste collection & treatment

      • 1.3.3. Awareness raising and better public participation in environmental protection activities

    • 1.4. Factors influencing the success of a PPP project

      • 1.4.1. Exogenous factors

        • 1.4.1.1. Legal environment

        • 1.4.1.2. Socio-economic environment

      • 1.4.2. Endogenous factors

        • 1.4.2.1. Market demand assessment

        • 1.4.2.2. Quality of investors

        • 1.4.2.3. Contract coherence

        • 1.4.2.4. Management, supervision and support of investors by the public sector

  • CHAPTER 2

  • PPP IN SOLID WASTE MANAGEMENT IN JAPAN AND IN VIETNAM

    • 2.1. PPP in solid waste management in Japan

      • 2.1.1. Overview of PPP in Japan

        • 2.1.1.1. History of PPP

        • 2.1.1.2. Differences between PPP projects and conventional projects

        • 2.1.1.3. Classification of PPP

        • 2.1.1.4. Project scheme of PPP

      • 2.1.2. Legal and institutional framework of PPP in Japan

        • 2.1.2.1. Outline of PPP Law

        • 2.1.2.2. Implementation progress of PPP projects in Japan

      • 2.1.3. Overview of solid waste management in Japan

        • 2.1.3.1. Legal system of waste management in Japan

        • 2.1.3.2. Institutional framework

        • 2.1.3.3. Municipal Solid Waste Management in Japan

      • 2.1.4. PPP in solid waste management in Japan

        • 2.1.4.1. Types of PPP applicable in solid waste management

        • 2.1.4.2. Procedures of PPP in solid waste management in Japan

        • 2.1.4.3. Case studies

    • 2.2. PPP in solid waste management in Vietnam

      • 2.2.1. General socio-economic and legal background of Vietnam in application of PPP in solid waste management

        • 2.2.1.1. Socio-economic environment

        • 2.2.1.2 Legal and institutional environment

        • 2.2.1.3. Overview of PPP application in Vietnam

      • 2.2.2. Current status of PPP in solid waste management in Vietnam

        • 2.2.2.1. Necessity for PPP application in solid waste management in Vietnam

        • 2.2.2.2 Status of PPP implementation in solid waste management in Vietnam

        • 2.2.2.3 Existing solid waste management related PPP Projects

  • CHAPTER 3

  • LESSONS LEARNT FROM JAPAN AND RECOMMENDATION FOR VIETNAM

    • 3.1. Lessons learnt from Japan

      • 3.1.1. Enhance and complete the legal framework for PPP application in solid waste management

      • 3.1.2. Improve investment conditions with better transparency

      • 3.1.3. Develop and strengthen the capacity of independent management authorities especially in solid waste management

      • 3.1.4. Goodwill cooperation between public and private sectors

    • 3.2. Recommendations for Vietnam

  • REFERENCES

Nội dung

MINISTRY OF EDUCATION AND TRAINING FOREIGN TRADE UNIVERSITY DISSERTATION PUBLIC – PRIVATE PARTNERSHIP (PPP) IN SOLID WASTE MANAGEMENT IN JAPAN, LESSONS FOR VIETNAM Major: International Trade Policy and Law Full name: Nguyen Thi Hong Ly Ha Noi - 2017 MINISTRY OF EDUCATION AND TRAINING FOREIGN TRADE UNIVERSITY DISSERTATION PUBLIC – PRIVATE PARTNERSHIP (PPP) IN SOLID WASTE MANAGEMENT IN JAPAN, LESSONS FOR VIETNAM Major: International Trade Policy and Law Full Name: Nguyen Thi Hong Ly SUPERVISOR: Dr Vu Van Ngoc Ha Noi - 2017 DECLARATION I hereby declare that the dissertation entitled “Public – Private Partnership (PPP) in solid waste management in Japan, lessons for Vietnam” was written by myself and all information in this thesis has been studied and presented in accordance with academic rules and ethical conduct that I have fully cited and referenced in appropriate manner I further declare that the dissertation has not been submitted, in whole or in part, in any previous documents for a degree Student: Nguyen Thi Hong Ly i ACKNOWLEDGEMENT First of all, I would like to express my indebtedness to my Professor, Dr Vu Van Ngoc for his kind direction and proper guidance Without his supervision and instruction in every step, my dissertation could not be completed positively This is also a good chance to convey my sincere gratitude and especial thanks to all Professors and Lectures participating in the Master course of International Trade Policy and Law for their valuable lessons and useful knowledge that helped me a lot in practical works and life It is also my great pleasure to thank Faculty of Graduate Studies, Foreign Trade University for providing me such an opportunity to complete this Master course and for their continuous support in all my time taking part in the course Finally, my strong appreciation and attitude granted for my family, my colleagues, my bosses and friends for all of their enthusiastic support, encouragement and assistance during the period of this thesis’s preparation ii TABLE OF CONTENTS INTRODUCTION .x CHAPTER OVERVIEW OF PPP IN SOLID WASTE MANAGEMENT 1 Definition, characteristics and types of PPP 1.1.1 Definition of PPP 1.1.2 Main characteristics of PPP 1.1.2.1 General characteristics of PPP .4 1.1.2.2 Advantages and Challenges of PPP 1.1.3 Types of PPP 1.2 Solid waste and role of solid waste management in the socio-economic development 12 1.2.1 Definition and overview of solid waste management 12 1.2.1.1 Definition .12 1.2.1.2 Overview of solid waste management 14 1.2.2 Role of solid waste management in the socio-economic development 16 1.2.2.1 Social aspects (Public health) .17 1.2.2.2 Economic aspects 18 1.2.2.3 Environmental protection aspects 19 1.2.3 Challenges of solid waste management in developing countries and in Vietnam 19 1.2.3.1 Technical Constraints 20 1.2.3.2 Financial Constraints 20 1.2.3.3 Institutional Constraints .21 1.2.3.4 Economic Constraints 21 1.2.3.5 Social Constraints 22 1.2.3.6 Vietnam 22 1.3 Necessity of PPP application in solid waste management 24 1.3.1 Reduction in management cost 25 1.3.2 More waste collection & treatment .25 iii 1.3.3 Awareness raising and better public participation in environmental protection activities .26 1.4 Factors influencing the success of a PPP project 26 1.4.1 Exogenous factors .27 1.4.1.1 Legal environment .27 1.4.1.2 Socio-economic environment .28 1.4.2 Endogenous factors .29 1.4.2.1 Market demand assessment 29 1.4.2.2 Quality of investors 29 1.4.2.3 Contract coherence .29 1.4.2.4 Management, supervision and support of investors by the public sector 30 CHAPTER 31 PPP IN SOLID WASTE MANAGEMENT IN JAPAN AND IN VIETNAM 31 2.1 PPP in solid waste management in Japan 31 2.1.1 Overview of PPP in Japan 31 2.1.1.1 History of PPP .31 2.1.1.2 Differences between PPP projects and conventional projects 33 2.1.1.3 Classification of PPP 34 2.1.1.4 Project scheme of PPP 37 2.1.2 Legal and institutional framework of PPP in Japan .38 2.1.2.1 Outline of PPP Law 38 2.1.2.2 Implementation progress of PPP projects in Japan .42 2.1.3 Overview of solid waste management in Japan 43 2.1.3.1 Legal system of waste management in Japan .43 2.1.3.2 Institutional framework 45 2.1.3.3 Municipal Solid Waste Management in Japan 47 2.1.4 PPP in solid waste management in Japan 50 2.1.4.1 Types of PPP applicable in solid waste management 50 2.1.4.2 Procedures of PPP in solid waste management in Japan 51 iv 2.1.4.3 Case studies 58 2.2 PPP in solid waste management in Vietnam .64 2.2.1 General socio-economic and legal background of Vietnam in application of PPP in solid waste management 64 2.2.1.1 Socio-economic environment .64 2.2.1.2 Legal and institutional environment 67 2.2.1.3 Overview of PPP application in Vietnam .74 2.2.2 Current status of PPP in solid waste management in Vietnam 78 2.2.2.1 Necessity for PPP application in solid waste management in Vietnam 78 2.2.2.2 Status of PPP implementation in solid waste management in Vietnam 81 2.2.2.3 Existing solid waste management related PPP Projects 88 CHAPTER 93 LESSONS LEARNT FROM JAPAN AND RECOMMENDATION FOR VIETNAM 93 3.1 Lessons learnt from Japan 93 3.1.1 Enhance and complete the legal framework for PPP application in solid waste management 93 3.1.2 Improve investment conditions with better transparency 95 3.1.3 Develop and strengthen the capacity of independent management authorities especially in solid waste management 97 3.1.4 Goodwill cooperation between public and private sectors 99 3.2 Recommendations for Vietnam 100 REFERENCES 107 v LIST OF FIGURES Figure 1: Process of operating and managing solid waste .14 Figure 2: Differences between PFI and PPP 33 Figure 3: Comparison of Public Works under Conventional Delivery Method and PFI 34 Figure 4: Three types of PPP Project in Japan .36 Figure 5: General Project Scheme of PPP .37 Figure 6: Organization of PFI governmental authorities 42 Figure 7: Implementation progress of PFI projects in Japan (as of 09/2013) 43 Figure 8: Concept of sound material-cycle society of Japan 44 Figure 9: Legal system for Establishing a "Sound Material-Cycle Society" 45 Figure 10: Outline of Waste Management and Public Cleansing Law 46 Figure 11 Municipal Waste Treatment Methods in Japan 49 Figure 12: Procedures for contractor selection 55 Figure 13: Organizational arrangement Ohdate BOO incineration 59 Figure 14: Organizational arrangement Narumi BTO incineration plant .62 Figure 15: State Budget for environmental protection activities (Unit: billion VND) 65 Figure 16: State Budget Deficit comparing to GDP 66 Figure 17: Procedures of PPP in Solid Waste Treatment Project 87 vi LIST OF TABLES Table 1: History of Law and Guidelines of PFI 32 Table 2: PFI Procedure of Solid Waste Treatment Facilities Development in Japan 52 Table 3: Example of Risk Allocation in a Solid Waste Treatment Facilities Project 100 Table 4: Results of Corruption Perceptions Index (CPI) in Vietnam 67 Table 5: PPP-related Laws and Decrees in Vietnam 68 Table 6: PPP-Related Decision and Circulars in Viet Nam .69 vii LIST OF ABRREVIATIONS ADB Asian Development Bank AFD Agence franỗaise de dộveloppement ASEAN Association of Southeast Asian Nations AUSAID Australian Agency for International Development BCC Business Cooperation Contract BOO Build - Own – Operate BOT Build - Operate - Transfer BT Build – Transfer BTO Build - Transfer - Operate CBO Community – based Organizations CPI Corruption Perceptions Index DBFO Design - Build - Finance – Operate DFID The Department for International Development EFW Energy from Waste EIA Environmental Impact Assessment FDI Foreign Direct Investment GDP Gross Domestic Product IDB Inter-American Development Bank IPSI Institute for Strategic Studies and Industrial Policy JBIC Japan Bank for International Cooperation JICA Japan International Cooperation Agency MARD Ministry of Agriculture and Rural Development MIC Ministry of Information and Communications MOC Ministry of Construction MOF Ministry of Finance MONRE Ministry of Natural Resources and Environment MOT Ministry of Transportation MPI Ministry of Planning and Investment MSW Municipal Solid Waste NGO Non-Governmental Organizations ODA Official Development Assistance viii • Institutions are developed practically as a changer body or a government unit; • Training is provided for law changers; and • Processes for law changers to require and attain information are established The legal framework for economic regulations should also be of complete clarity as it requires an independent changer, a government unit and management capacity As further pointed out by the Bank, the inclusion of principles and institutions in contracts can work, but necessary external capabilities are still very limited for good monitoring and auditing Highly specific provisions in contracts (concerning obligations, business targets, tax rate level and structure, tax rate adjustment and dispute resolution process) enable the private sector to better predict the profitability of an investment and decide whether to involve or not The core principle is that during the process of creating incentives for effective partnerships, the demand and the cost of that service should be balanced 3.1.2 Improve investment conditions with better transparency Measures to improve the investment climate and enhance the market transparency will indirectly affect the strong attraction of investments in PPP projects as well as the effective project implementation Here are some solutions to improve the investment climate (i) To continue developing and completing the one-door management mechanism and shorten investment procedures Lengthy and complicated procedures should be removed or reduced, and the consistency should be attained among different sources of laws to minimize difficulties facing the investors during their investment in Vietnam (ii) To completely eliminate corruption and waste in the public sector To fight corruption and waste in the public sector, it is fundamental to improve the transparency in budget and financial matters, in government procurement, and in addressing the complaints of the public 95 Feasible measures against corruption include: - To make public the income of the State officials and staff - To make clear the public spending, e.g on what matter, what outcome was achieved, and who will be responsible for bad spending - To impose strict sanctions against corruption and waste in the public sector (iii) To establish a more specific incentive framework for investment projects Here are some incentives worth considering: - Corporate income tax exemption within the first 3-5 years of the projects, or low tax rate of no more than 10% during a part or whole of the project implementation - Land tax exemption throughout the project implementation - Import tax exemption or reduction for fundamental goods and materials: the investor should report the demand and quantity of imported stuff to the Government for approval - Favourable bid evaluation for businesses with experience in PPP when those businesses submit bids for other projects in Vietnam - The State’s commitment to the businesses involved that they can purchase freely foreign currencies no more than 10% compared with their actual need (iv) To develop the high-quality and high-tech human resources, satisfying the human demand in the future (v) To stabilize the macro-economy Measures should be taken to curb inflation and maintain the economic growth rate They could include price stabilization schemes and effective management of the input materials such as petroleum, coal, gas, steel and cement To stabilize exchange rates, it is necessary for the State to tightly manage the foreign exchange and establish exchange stabilization funds so that it can timely 96 intervene in the market, limiting the harmful effects of currency fluctuations on PPP projects (vi) To share public information In order for the public sector and the private sector to share a common voice, negotiations and information sharing are extremely critical The public sector will release all the information in relation to the project scope, contractor selection method, contract implementation plan, etc in accordance with laws and regulations to the private sector Through the “questions and answers” section with the private sector, the public sector will possibly get data and ideas to enhance the quality and effectiveness of the project On the other hand, to guarantee the project feasibility, the public sector should acquire information about the challenges, risks and potential difficult outcomes to be hardly achieved by the project 3.1.3 Develop and strengthen the capacity of independent management authorities especially in solid waste management An independent PPP management authority should be established, which is responsible for monitoring the project implementation progress and taking actions in the event of delays or poor quality by the contractors An independent management authority will help to minimize the weaknesses of the public sector in management and take advantage of the private sector’s management capacity From the practical application of PPPs in Japan, it is found essential to form a management authority in each specific project, whose members will be mutually selected by both the public and private parties This approach brings certain benefits such as flexibility, best fit for each specific project, and best use of the private sector’s management capacity But for Vietnam, it contains a certain number of limitations, particularly: - It costs to establish and maintain such a management authority due to timeconsuming establishment procedures 97 - Differences in the way the public and private sectors manage can cause conflicts during the project management - The structural complexity may affect badly the quality of infrastructures In reality, Vietnam has already established the Steering Committee on PPPs (in 10/2012), but the agency has unfortunately not worked well, leading to the need to strengthen the Committee’s capacity or set up a separate standing management authority under specific ministries The management authorities should include professional divisions of legal capacity, financial management capacity and technical capacity related to the industry where its ministry works The authorities may consist of: - Management Team: With the highest responsibility in the authority, this team is in charge of overall monitoring of matters relating to the PPP projects and supposed to report regularly the project progress to the government or the ministry it belongs to - Implementation Team: The team is to make plans, propose strategies and project portfolios to its ministry, and proper costing for projects The team in collaboration with financial management committee, technical committee and legal committee performs the project monitoring in the area assigned In each specific project, members of the committees can be additionally arranged at the request of investors for the highest conformity with special features of each project - External consultants: The external consultants will assist the Implementation Team in each specific project and are recommended by the contractors, financing donors, reputable audit firms, law firms and financial consulting firms The management authorities have duties as follows: - To make plans and strategies for PPP development, provide strategic consultations for relevant ministries, and costing for the project - To function as the bridge for communication between the public sector and the private sector, as the State’s representative in promoting investments in PPPs, 98 negotiating and signing PPP contracts, and monitoring the project implementation practices - To guarantee the rights of the investors - To independently monitor the investor’s performance - To be responsible for the effectiveness of PPP projects before the Government and the National Assembly 3.1.4 Goodwill cooperation between public and private sectors The fundamental basis in PPP model is the cooperation between public and private, if this relationship is built up under the good and win-win context, then the PPP project may implement successfully In Japan, the cooperation between public and private sector in solid waste management is shown mainly through some issues: (i) Increased objectivity For solid waste projects, in order to enhance the transparency and objective exchanges as much as possible, a committee with the participation of external advisors will be established Crucial issues such as determination of the project scope and selection of treatment technologies will be discussed by the committee, of which the memoranda will be published on the Internet As stipulated in laws, during the selection of contractors through a comprehensive evaluation process, it is required to consult more than two experts in the process of establishment of the selection criteria If the contractor has already been selected, the continuing consultation is still needed (ii) Risk allocation In PPP projects, how to allocate risks between the public sector and the private sector is one of the most important factors Solid waste treatment facilities, especially incinerators, often require high technologies Moreover, people generally find these facilities irritating, which is a specific risk in this sector alone The identification of risks and measures as well as risk allocation is necessary 99 Table 6: Example of Risk Allocation in a Solid Waste Treatment Facilities Project Risk Description Public Private Planning Design defect of design x Surveys defect of topographic, geological and/or other survey x Construction Financing Delay of construction Performance of facility Operation failure in drawing investment, getting loan, receiving subsidy, issuing local bond,etc delay of construction causes cost increase, delay of service provision, etc facility cannot fulfill required performance, which lowers quality of service x x x x x Change of plan any changes which affect the operation x Change of waste change of waste amount and/or quality accident which breaks the facility and/or shuts down the operation x Contracting Change of regulations Neighbourhood contract cannot be concluded x any change of regulation which affects the project x any opposition/legal action by neighbourhood residents x x Prices/wages change of prices and/or wages x x Interest rate change of borrowing rate x Force majeure natural disaster, violence, etc x Accident x Common x x Source: Project for Capacity Development on Integrated Management of Solid Waste Management in Vietnam 3.2 Recommendations for Vietnam Base on the above four main lessons learnt withdrawing from of Japan experiences, the authors propose some countermeasures/recommendations for Vietnam as below: (i) Some lessons learnt/countermeasures applied for Government authorities Competent authorities at central and local levels, including the Ministry of Planning and Investment, Ministry of Finance, the State Bank, Ministry of Natural Resources and Environment, Ministries and sectors of relevant expertise, and the People's Committees of project provinces; 100 - Member agencies of interdisciplinary working teams/groups; relevant Ministries, sectors and agencies; sponsors and State-owned agencies/organizations given authority and responsibility to assist investors in project preparation and implementation, specifically:  To popularize investment policies, legislation, planning, schemes, programs and Project Portfolio  To approve Proposals, the State-funded capital amount, and Feasibility Study Reports of the projects under Ministries, sectors and municipalities within their jurisdiction;  To assist in site clearance procedures;  To assist in procedures for balancing foreign currencies, guaranteeing revenues, using public services, and other guarantees and supports in accordance with Vietnam’s laws;  To guarantee the State's obligations committed in the Project Contracts signed with the Investors; and to create favorable conditions for investors to make investments in accordance with the project contractual provisions;  To be the legal representative of the State to manage the State part in project fund in accordance with laws;  To assist in collecting service fees and performing other tasks during the project implementation in accordance with laws;  To report to the Steering Committee on PPPs on the proposals and recommendations made by investors, and difficulties and problems arising during the project implementation (ii) Some countermeasures/recommendations applied for environmental management authorities Programs and policies should be developed to attract foreign investments (e.g FDI, ODA) in the field of environmental protection and solid waste management The MONRE should design these specific programs in the context of aid cuts due to the global economic integration and Vietnam being no longer among the top countries of priority in financial aids 101 It is also fundamental to complete specific policies and measures for developing public-private partnerships in environmental protection, four-party connection policies (among the State, businesses, the people and non-governmental organizations), and to propose mechanisms and incentives to encourage private investments and public-private partnerships in environmental protection in general and solid waste management in particular With the enforcement of proper mechanisms, the parties involved will actively contribute and bring success to the PPP model Mechanisms for research development, technology transfer and the public engagement with businesses (PPP) via financial supports should be considered With proper mechanisms, technology transfer and public investments will achieve higher efficiency As the specialized Ministry on environment and solid waste management:  To take charge of preparing and issuing, within its own authority, or proposing the Prime Minister issuing legal documents on public-private partnership investment form in solid waste management;  To provide guidelines on executing the regulations on evaluating proposals, the content of Proposals/ Pre-feasibility Study reports, Feasibility Study report template; the content of Project Contracts; process and procedures for issuing, amending, and revoking Investment Certificates; and other related matters under the jurisdiction of MONRE As the specialized agency/ responsible body in management of solid waste management projects:  To prepare Proposals and Feasibility Study Reports and submit to the competent authorities for approval  To perform the functions, duties and powers of the Procuring Entity selecting the investors under Law on Tender  To negotiate and prepare the Project Contracts 102  To coordinate with local governments in site clearance and resettlement as committed in the Project Contracts and in accordance with the State funding  To check and accept the volume and amount of works performed by the Investors as the basis for disbursement of the State funding as specified in the Project Contracts  To inspect the quality of the construction and report to the competent authorities for approval when the construction is handed over by the Investor - Specialized agencies/ responsible bodies in management of solid waste management projects could be provincial Departments of Natural Resources and Environment and provincial People’s Committees performing the functions and duties mentioned above (iii) Some countermeasures/recommendations applied for private sector The private sector (formal and non-formal) includes profit or non-profit organizations such as investors, project companies, service providers, nongovernmental organizations (NGOs) and individuals acting as the Investor should carefully take into account the following responsibilities during the implementation of PPP project in order to acquire successful results: - To provide accurate, required information for the competent authorities and bear full responsibility for any miscommunication caused by themselves in accordance with laws To ensure the mobilization of equity investments for project implementation in compliance with laws To raise sufficient finance for the Project, guaranteeing the project quality and progress as committed in the Project Contract To ensure the construction and services have quality satisfied with provisions stipulated in the contract signed with the competent authorities To collaborate with the competent authorities and the agencies concerned in site clearance (if any) and other works in order to best favor the project 103 - To ensure the investment throughout the project life-cycle in compliance with Vietnam’s relevant laws, except the investment is made by a Foreign Investor To hand the construction over to the competent authorities at the right time and with the right quality as specified in the Project Contract CONCLUSION This thesis has studied and learned from the experiences of Japan in implementing PPP projects on municipal solid waste management Recognizing the current implementation of PPP projects in the field of solid waste management in Vietnam has revealed the need to increase fund raising from the private sector in the 104 form of PPP for sustainable development of environmental protection projects in Vietnam Currently, those projects employing PPP model have failed to be implemented or implemented poorly, especially there is almost no PPP project on municipal solid waste management Much of the troubles in PPP projects are mainly due to the failure to reach mutual understanding between the public sector and private sector The interaction between the two sides is very loose The State manages PPP programs in a sentimental fashion rather than seeking to understand the expectations of the private sector and taking proper actions Further, the State functions overlapping the market and dominates the private sector More importantly, the State has retained big subsidies for public services, failing to separate the state management and provision of public goods to society Meanwhile, the private sector, instead of actively demonstrating their capability to the State, decides to give up and look for more suitable opportunities As "it’s old for him but new for me," though PPP is very popular around the world it is quite unfamiliar in Vietnam with many potential challenges For effective application of PPPs, it is essential to carry out specific analyses and pilot projects for proper adjustments Especially, the privatization should be considered carefully depending on the maturity level of the economy as well as the government sustainable commitments through management mechanisms Moreover, attention should be given to the effective management and use of capitals Measures should be taken to strictly control the attraction and use of ODA loans for transparent project implementation The potential of PPP investments in the field of environmental protection in Vietnam is huge; however, the concept is so new that it takes time to perfect the investment environment and create favourable conditions for PPPs to “get off the ground” The success of this investment form depends greatly on the actions of the Government, which is a type of capital-intensive investment with long payback period The Government without specific appealing incentives will hardly attract investors Therefore, the biggest challenge now is how to run the proper and effective application of PPPs, understanding the needs of the stakeholders and especially 105 obtaining a win-win solution for the Government, the private sector and the community Despite much effort in research and study for clarification of the matter and provision of practical and worthy contents, due to limited time and knowledge, the thesis will inevitably suffer shortcomings The student wishes to receive valuable comments for deeper and more complete research I would like to express again my sincere thanks to Dr Vu Van Ngoc who has encouragingly guided and helped me during the process of collecting, understanding, analyzing and processing information to complete this thesis paper 106 REFERENCES English references Arvid Lindell, “Achievement of sustainable solid waste management in developing countries – A case study of waste management in the Kavango region, Namibia”, Master Dissertation, Lund University, 2012; ADB, “Assessment of Public–Private Partnerships in Viet Nam, Constraints and Opportunities”, July 2012; ASEAN Public Private Partnership Guidelines, 2014, Page 1; Economic Research Institute for ASEAN and East Asia (ERIA), “National Public – Private Partnership Frameworks in ASEAN member countries”, 2015; Government of Japan, Law of Private Finance Initiative, 2011, http://www8.cao.go.jp/pfi/e/english_pfi.pdf, visited on 11/10/2016; Government of Vietnam, Decision No 71/2010/QD-TTg dated November 2010 on pilot investment in the public private partnership form; Government of Vietnam, Decision No.31/2014/QD-TTg, 2014 on mechanisms to support the development of electricity generation projects using solid waste in Vietnam; Government of Vietnam, Decree No 38/2015/ND-CP dated 24 April 2015 on management of waste and discarded materials, several terms related to waste; Government of Vietnam, Decree No 15/2015/ND-CP on Public-Private Partnership Investment Form; Government of Vietnam, Decree No 30/2015/ND-CP guiding the implementation of a number of articles on investor selection of the Law on Bidding; Hisashi Ogawa, “Sustainable Solid Waste Management in Developing Countries”, 7th ISWA International Congress and Exhibition, Parallel Session 7, "International Perspective", http://www.gdrc.org/uem/waste/swm-fogawa1.htm,visited on 10/10/2016; JICA Expert Team, “Recommendations for Encouragement of Investment in Construction and Management of Solid Waste Management Facilities in Vietnam”, 107 Project for Capacity Development on Integrated Management of Solid Waste Management in Vietnam, 2016; Law Business Research Ltd, “The public – private partnership Law review”, third edition, published in March 2017, edited by Bruno Werneck and Mario Saadi; National Assembly, Government of Vietnam, Environmental Protection Law of Vietnam (2014); National Assembly, Government of Vietnam, Law on Bidding No 43/2013/QH13, 2013; National Assembly, Government of Vietnam, Law on Construction No 50/2014/QH13, 2014; National Assembly, Government of Vietnam, Law on Investment No 67/2014/QH13, 2014; National Assembly, Government of Vietnam, Law on State Budget No 83/2015/QH13 2015; Public Private Partnership Handbook, 2008, Asian Development Bank (Page 1); Public-Private Partnerships Reference Guide version 2.0, 2014 of World Bank (WB), the Asian Development Bank (ADB) and the Inter-American Development Bank (IDB) (Page 14); Takuji Matsumoto, “Risk Management and Governance for PFI Project: Technology Policy Lessons from the Case of Japan”, Master Dissertation, Massachusetts Institute of Technology, 2012; White Paper on Land, Infrastructure, Transport and Tourism in Japan, 2014, Chapter 2, Section 2, Page 72; Vietnamese references Bài thuyết trình, Hiện trạng chất thải rắn thành phố Hồ Chí Minh, http://www.slideshare.net/hungktmt4/bi-bo-co-cht-thi-rn, visited on 29/10/2016; Bùi Viết Sang, Kinh nghiệm hợp tác công tư lĩnh vực sở hạ tầng Singapore học cho Việt Nam, Khóa luận tốt nghiệp, Trường Đại học Ngoại Thương, Hà Nội, 2012; Dương Thanh An, “Báo cáo tổng hợp Nghiên cứu sở khoa học thực tiễn đề xuất chế đối tác bảo vệ mơi trường-Áp dụng thí điểm cho lĩnh vực quản lý 108 chất thải nguy hại”, Đề tài Khoa học Công nghệ cấp bộ, Bộ Tài nguyên Môi trường, 2015; Dương Thanh An, Phạm Ánh Huyền, “Sự cần thiết hình thức đối tác Nhà nước - tư nhân lĩnh vực quản lý chất thải”, Tạp chí Mơi trường, số chun đề khoa học cơng nghệ, 2014; Ngơ Thị Thu Hằng, Mơ hình hợp tác công tư (PPP) Việt Nam, Luận văn Thạc sỹ luật học, Trường Đại học Quốc Gia Hà Nội, 2015; Nguyễn Thế Chinh, Tính tốn kinh tế quản lý chất thải, https://voer.edu.vn/attachment/m/27591, visited on 4/11/2016; Nguyễn Thu Thủy, “Kinh nghiệm quốc tế đối tác công - tư học Việt Nam”http://tcnn.vn/Plus.aspx/vi/News/125/0/1010073/0/33842/Kinh_nghiem_quoc _te_ve_doi_tac_cong_tu_va_bai_hoc_o_Viet_Nam, visited on 12/09/2016; Nguyễn Văn Lâm, “Tình hình quản lý chất thải rắn Việt Nam, đề xuất giải pháp tăng cường hiệu công tác quản lý chất thải rắn”, Bài trình bầy Hội nghị Mơi trường tồn quốc lần thứ 4, 2015; Nguyễn Văn Phước, Giáo trình quản lý xử lý chất thải rắn, 2008; Ủy ban Kinh tế Quốc hội UNDP Việt Nam, “Báo cáo nghiên cứu Phương thức đối tác công tư (PPP): Kinh nghiệm quốc tế khuôn khổ thể chế Việt nam”, 2013; 109 ...MINISTRY OF EDUCATION AND TRAINING FOREIGN TRADE UNIVERSITY DISSERTATION PUBLIC – PRIVATE PARTNERSHIP (PPP) IN SOLID WASTE MANAGEMENT IN JAPAN, LESSONS FOR VIETNAM Major: International... resources for solid waste management; - Studying and evaluating experiences on public private partnership mechanism for solid waste management in Japan and drawing lessons for Vietnam; - Developing... entitled Public – Private Partnership (PPP) in solid waste management in Japan, lessons for Vietnam was written by myself and all information in this thesis has been studied and presented in accordance

Ngày đăng: 03/01/2019, 13:05

TỪ KHÓA LIÊN QUAN

TÀI LIỆU CÙNG NGƯỜI DÙNG

TÀI LIỆU LIÊN QUAN

w