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The Journal of Structured Finance

The Journal of Structured Finance

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Primary Article

Bringing a BOT Project to Closure in Vietnam

Problems and Prospects

Ellen Kerrigan Dry and Sesto E. Vecchi
The Journal of Structured Finance Spring 2000, 6 (1) 71-79; DOI: https://doi.org/10.3905/jsf.2000.320188
Ellen Kerrigan Dry
An attorney at Russin & Vecchi in Hanoi, Vietnam.
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Sesto E. Vecchi
An attorney at Russin & Vecchi in Ho Chi Minh City, Vietnam.
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Abstract

Despite amendments to Vietnam's Foreign Investment Law in 1992 to introduce the concept of build-operate-transfer (BOT) projects, only one foreign-invested BOT project has begun operations since then. Among the problems have been excessive bureaucracy, an incomplete regulatory framework, and negotiators with insufficient authority to make necessary decisions. As investors have attempted to work through the process of negotiating BOT contracts, they have identified major weaknesses in either the law and regulatory structure or its implementation in three areas: availability of foreign currency, security for loans, and dispute resolution. However, future BOT investors may have an easier time because the Vietnamese government has been receptive to suggestions for improvement in the legal and regulatory structure from the private sector and multilateral agencies. This is a timely submission, coming exactly twenty-five years after the end of the Vietnam war.

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The Journal of Structured Finance
Vol. 6, Issue 1
Spring 2000
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Bringing a BOT Project to Closure in Vietnam
Ellen Kerrigan Dry, Sesto E. Vecchi
The Journal of Structured Finance Apr 2000, 6 (1) 71-79; DOI: 10.3905/jsf.2000.320188

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Bringing a BOT Project to Closure in Vietnam
Ellen Kerrigan Dry, Sesto E. Vecchi
The Journal of Structured Finance Apr 2000, 6 (1) 71-79; DOI: 10.3905/jsf.2000.320188
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