Royal Decree No.52 of 2019 promulgating the Public-Private Partnership Law.
Country
Type of law
Legislation
Abstract
This Decree consisting of 4 articles aims at promulgating the Public-Private Partnership Law to be implemented within a period not exceeding one year. The text of the Law is attached to the Decree.
The Public-Private Partnership Law consists of 36 articles divided in VI Chapters and its main provisions are as follows (i) Partnership Contracts must relate to partnership projects which have economic or social return and are in line with the strategy of the Sultanate and its development plan; (ii) Partnership Contracts are subject to competitive bidding, but direct award is possible with permission from the Council of Ministers; (iii) the Public Authority for Privatization and Partnership shall, prior to floating or announcing a partnership project, coordinate with the competent body, acquire the approval of the Ministry of Finance, and undertake the necessary evaluation for the partnership project; (iv) the project company is obliged to abide by health and safety conditions and environmental protection requirements.
The Law deals also with (i) mandatory conditions and specifications for a partnership project, such as information and specifications about partnership project, value of temporary bond and calculation of final bond, technical, financial and legal principles on which bid will be evaluated, essential conditions of Partnership Contract along with statement of non-negotiable conditions); (ii) mechanism for transfer of assets to State after expiration or termination of Partnership Contract; and (iii) obligations on project company (such as prohibition to mortgage and sell land, compliance with Omani law, transfer of know-how, non-discrimination of products.
The VI Chapters are entitled as follows (I) Definitions and General Provisions; (II) Floating and Awarding the Partnership Project; (III) Provisions Concerning the Partnership Contract; (IV) Project Company Obligations; (V) Control and Oversight; and (VI) Final Provisions.
The Public-Private Partnership Law consists of 36 articles divided in VI Chapters and its main provisions are as follows (i) Partnership Contracts must relate to partnership projects which have economic or social return and are in line with the strategy of the Sultanate and its development plan; (ii) Partnership Contracts are subject to competitive bidding, but direct award is possible with permission from the Council of Ministers; (iii) the Public Authority for Privatization and Partnership shall, prior to floating or announcing a partnership project, coordinate with the competent body, acquire the approval of the Ministry of Finance, and undertake the necessary evaluation for the partnership project; (iv) the project company is obliged to abide by health and safety conditions and environmental protection requirements.
The Law deals also with (i) mandatory conditions and specifications for a partnership project, such as information and specifications about partnership project, value of temporary bond and calculation of final bond, technical, financial and legal principles on which bid will be evaluated, essential conditions of Partnership Contract along with statement of non-negotiable conditions); (ii) mechanism for transfer of assets to State after expiration or termination of Partnership Contract; and (iii) obligations on project company (such as prohibition to mortgage and sell land, compliance with Omani law, transfer of know-how, non-discrimination of products.
The VI Chapters are entitled as follows (I) Definitions and General Provisions; (II) Floating and Awarding the Partnership Project; (III) Provisions Concerning the Partnership Contract; (IV) Project Company Obligations; (V) Control and Oversight; and (VI) Final Provisions.
Attached files
Web site
Date of text
Entry into force notes
This Decree enters into force the dater its publication in the Official Gazette.
Repealed
No
Source language
English
Legislation Amendment
No
Original title
مرســـوم سلطانــــي رقم 25 لسنة 2019 بإصدار قانــون الشراكــة بـين القطاعــين العــام والخــاص