The country partnership strategy positions ADB's public sector operations to strengthen the enabling environment for private sector development by financing infrastructure, supporting policy and regulatory reforms, and improving access to finance. Urban development is identified as a priority area for support for private sector participation and PPPs during 2011-2015. The CPS also provides for the complementary support for knowledge sharing to promote best practices.
|Project Name||Preparing a Concession Law for Infrastructure and Public Services|
|Country||China, People's Republic of|
|Project Type / Modality of Assistance||Technical Assistance
|Source of Funding / Amount||
|Strategic Agendas||Inclusive economic growth
|Drivers of Change||Governance and capacity development
|Sector / Subsector||
Public sector management - Public expenditure and fiscal management
|Gender Equity and Mainstreaming||No gender elements|
|Description||The country partnership strategy positions ADB's public sector operations to strengthen the enabling environment for private sector development by financing infrastructure, supporting policy and regulatory reforms, and improving access to finance. Urban development is identified as a priority area for support for private sector participation and PPPs during 2011-2015. The CPS also provides for the complementary support for knowledge sharing to promote best practices.|
|Project Rationale and Linkage to Country/Regional Strategy|
|Impact||Strengthened enabling environment for PPPs|
|Description of Outcome||Enhanced awareness among senior decision makers of the legal framework needed to develop the PPP program|
|Progress Toward Outcome||Implementation of the TA is on track.|
|Description of Project Outputs||
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
|Status of Implementation Progress (Outputs, Activities, and Issues)||
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.
Summary of Environmental and Social Aspects
|Stakeholder Communication, Participation, and Consultation|
|During Project Design||TA design took into account views of key stakeholders. The need for the participation of key stakeholders in implementation has been built into the design.|
|During Project Implementation||The NDRC will lead the engagement with government agencies and stakeholders during TA implementation.|
|Consulting Services||The TA will engage the following consultants: Team Leader and Chief Legal Adviser (4 person-months), a PPP Expert (4 person-months), and a Coordinator (2 person-months), international Legal Adviser (2.5 person-months), and PPP Adviser (0.5 person-month)|
|Responsible ADB Officer||Sugden, Craig|
|Responsible ADB Department||East Asia Department|
|Responsible ADB Division||Public Mgt, Financial Sector and Regional Coop Division, EARD|
National Development and Reform Commission
No. 8 South Yuetan St.
|Concept Clearance||15 May 2014|
|Fact Finding||24 Feb 2014 to 24 Feb 2014|
|Approval||16 Sep 2014|
|Last Review Mission||-|
|Last PDS Update||29 Sep 2016|
|Approval||Signing Date||Effectivity Date||Closing|
|16 Sep 2014||09 Oct 2014||09 Oct 2014||15 Sep 2016||-||-|
|Financing Plan/TA Utilization||Cumulative Disbursements|
|400,000.00||0.00||50,000.00||0.00||0.00||0.00||450,000.00||16 Sep 2014||393,172.44|
Project Data Sheets (PDS) contain summary information on the project or program. Because the PDS is a work in progress, some information may not be included in its initial version but will be added as it becomes available. Information about proposed projects is tentative and indicative.
The Public Communications Policy (PCP) recognizes that transparency and accountability are essential to development effectiveness. It establishes the disclosure requirements for documents and information ADB produces or requires to be produced.
The Accountability Mechanism provides a forum where people adversely affected by ADB-assisted projects can voice and seek solutions to their problems and report alleged noncompliance of ADB's operational policies and procedures.
In preparing any country program or strategy, financing any project, or by making any designation of, or reference to, a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area.
|Title||Document Type||Document Date|
|Preparing a Concession Law for Infrastructure and Public Services - Suggestions on the Draft Interim Regulation on Concessions : Technical Assistance Consultant’s Report||Consultants' Reports||Dec 2016|
|Legislation on Infrastructure and Utilities Concessions: International Workshop Report (Chinese Translation)||Documents Produced Under Grant/Loans/TA||Jun 2015|
|Legislation on Infrastructure and Utilities Concessions: International Workshop Report||Documents Produced Under Grant/Loans/TA||Jun 2015|
|Preparing a Concession Law for Infrastructure and Public Services: Technical Assistance Report||Technical Assistance Reports||Sep 2014|
Safeguard Documents See also: Safeguards
Safeguard documents provided at the time of project/facility approval may also be found in the list of linked documents provided with the Report and Recommendation of the President.
None currently available.
Evaluation Documents See also: Independent Evaluation
None currently available.
None currently available.
The Public Communications Policy (PCP) establishes the disclosure requirements for documents and information ADB produces or requires to be produced in its operations to facilitate stakeholder participation in ADB's decision-making. For more information, refer to the Safeguard Policy Statement, Operations Manual F1, and Operations Manual L3.
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