Public sector management / Public expenditure and fiscal management

1. Observations on the lessons from the PRC and international experience with PPP laws and regulations

2. Suggestions on the draft concession law

3. Dialogue on potential legal and regulatory amendments

4. Widely accessible knowledge product targeted at senior decision makers

The NDRC released draft concession measures for public comment in January 2015. Contributions were made by the TA consultants and ADB staff. The measures were approved by the State Council in April 2015.

An international workshop on Legislation on Infrastructure and Utilities Concessions was conducted in June 2015. The workshop was organized by the EA, PRC and ADB. The workshop was attended by representatives from the central governments, the financial and consulting sectors, academia, and development partner institutions. The workshop focused on concession legislation work of PRC, British and French experiences, and international practices and experience on legislation on infrastructure and utilities concession. A stocktake of the international experience and observations on the relevance of this experience for the PRC were prepared based on the workshop and shared with the NDRC.

International consultants have provided extensive follow-up advice and background material to NDRC. Their main report on the international experience with concession laws has been provided to NDRC, reviewed, and a paper is now being readied for publication.

The team leader, the lead national consultant, submitted a detailed review on developments in the PRC's PPPs and implications for a concession law. Drawing on this review, suggestions for drafting of the law were provided to NDRC.

The NDRC released draft concession regulations for public comment in December 2015. Comments were provided by the TA consultants and ADB staff. The TA supported analysis and dialogue that has fed into refinement of the regulation.

The TA supported an international consultation by the government's drafting team to UNCITRAL, the European PPP Centre, and PPP firms and advisors in Vienna, Paris, and Brussels.

A final, wrap-up meeting was held on 5 September, 2016 in Beijing. It was attended by the legal affairs departments of the National Development and Reform Commission (NDRC), State Council, and the Ministry of Finance. The meeting reviewed the TA's findings and suggestions on drafting of a concession law. The meeting reviewed the role of the TA in helping the law's drafting team develop a deep understanding of international concession and PPP legislation.