| Infrastructure is a lifeline of country and the foundation of entire socioeconomic campaign. It is the basic condition that promotes economic and social sustainable development to build first class infrastructure and it is the important factor that strengthens country comprehensive competition ability. In last few years, the financing and investment of infrastructure have become an eye-catching campaign of China and even entire Asian burgeoning market. Vietnam is a developing country and ever sufferslong-term war breakage. Vietnam's infrastructures------transportation, energy, waterconservancy and correspondence etc.------fall behind and it restricts the economicdevelopment in a long time. The government thinks much of infrastructures construction since Vietnam practiced to reform in 1986. Vietnam puts forward that will invest 8,000,000,000 dollars to develop a transportation infrastructure, 3,000,000,000 dollars to develop telecommunication infrastructures, 7,000,000,000 dollars to develop electric power infrastructures, and 300,000,000 dollars to develop the water infrastructure for life use in new five years (2001 -2005 years) development plan. Vietnam puts forward from now on that will construct valid and firm infrastructure system and infrastructure network distributing reasonably in 2001-2010 years the development the strategy. At the transportation aspect, it will construct a balanced national transportation network in the village and the city which is to invest about 150,000,000,000-17,000,000,000 dollars. At the telecommunication realm, it will construct the modern telecommunication network which is to invest about 7,000,000,000 dollars. At the electric power realm, it will construct a safe and stable national electric power network invested about 15,000,000,000 dollars which total power of machine attains 17,000,000 kilowatts (17000 MWs), generated electricity quantity attains 68,700,000,000 tiles/hours... In the aspects of supplying water the facilities construction, it Wants to guarantee the water supply of city and country life use first~[5]. But, Vietnam government avoids the traditional projects development mode as far as possible;they encourage foreign capital to invest by BOT and TOT mode. Therefore, there is a extensive foreground using TOT mode inthe infrastructure construction of Vietnam.TOT risk form is varied and pierces through the whole item management process. The loss that they will bring is great or small probably and some can control or not. It is each essential condition of successful TOT item that adopt to correspond measure to carry on a valid management on the foundation of identity of risk with accuracy. Therefore, the item is decided by contract arrangement with each participant and the law frame of nation support to item in today's legal social. The purpose of this text is to do some theories studies for the contracts problem involved Chinese enterprises participating Vietnam development projects which are operable (The GMS development projects and the non- GMS development projects) and it can guide Chinese enterprises to participate the construction of the trade-free zone at Lancang-Great Mekong River Sub-region (Burma, Laos, Thailand, Vietnam, Cambodia) by practical manner. The study for participating in Vietnam public infrastructure construct by application of TOT involved management right list price contract, permit specially a management contract, carry and support contract, dispute contract and hand over contract. These contracts regulated each participant right and compulsory of projects so that it is going to support and guarantee economic association progress smoothly.The innovations of this text is that I studied and designed TOT contracts style involving the contract making a price of the management right, concessionary management contract, operation and support contract, defaulting and remedial contract and handover contract. The theories and practices need to develop further because the research of TOT project financing involves many academics realms and the domestic and international researches are still in a beginning stage. Because my scholarship and the thesis space limit, the research of this text mainly emphasizes on theories for TOT project contracts, and some problems still need a further research. |
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