1、 BRICS Good Practices on Public-Private Partnership Frameworks 金砖国家政府和社会资本合作良好实践金砖国家政府和社会资本合作良好实践 Prepared by BRICS Finance Ministers and Central Bank Governors Meeting, 2017 20172017 年金砖国家财长和央行行长会议年金砖国家财长和央行行长会议 CONTENTS 1. Background . 1 2. Significance . 2 3. Use BRICS PPP Good Practices as a Pla

2、tform for Cooperation2 4. BRICS PPP Good Practices . 2 4.1 Government Support . 2 4.2 Regulatory Framework . 3 4.3 Institutional Arrangement . 3 4.4 Incentive Measures . 3 4.5 Project Management . 4 Annex 1: PPP Development in the BRICS Countries . 6 Brazil . 6 Russia . 9 India . 10 China . 12 South

3、 Africa . 13 Annex 2: Case Studies . 16 Brazil . 16 Russia . 18 India . 23 China . 27 South Africa . 31 目 录 一、背景一、背景 . 36 二、重要意义二、重要意义 . 38 三、三、搭建以金砖国家搭建以金砖国家 PPPPPP 良好实践为基础的合作平台良好实践为基础的合作平台 . 38 四、金砖国家四、金砖国家 PPPPPP 良好实践良好实践 . 39 （一）政府支持 . 39 （二）制度框架 . 39 （三）机构建设 . 39 （四）激励措施 . 40 （五）项目管理 . 41 附附件一件

4、一 金砖各国金砖各国 PPPPPP 发展现状发展现状 . 43 巴西 . 43 俄罗斯 . 46 印度 . 48 中国 . 51 南非 . 53 附件二附件二 典型案例典型案例 . 56 巴西 . 56 俄罗斯 . 58 印度 . 56 中国 . 70 南非 . 75 1 BRICS Good Practices on Public-Private Partnership Frameworks 1. Background The members of BRICS are major developing countries and emerging market economics. Acco

5、rding to IMFs estimates, the BRICS countries have contributed more than 50% of world economic growth during the last 10 years. Meanwhile, with social and economic development, the BRICS countries are facing challenges on filling the massive financing gap for city developing and infrastructure reviva

6、l. However, due to limited fiscal space, it is insufficient to meet the demand for infrastructure development investment by the public sector alone. It is well recognized that the private sector plays important role in delivering efficiently high-quality public goods and public services. Therefore,

7、as an innovative way to bridge the infrastructure investment gap, Public-Private Partnership (PPP) improves the efficiency and quality of public goods and public services, realizes the ideal of People First and promotes sustainable development. PPP is being promoted by international cooperation mech

8、anism (G20, APEC) and main multilateral institutions (World Bank Group, ADB, IADB, AFDB and UN, etc.). The BRICS countries have been successful in promoting the PPP model by setting up regulatory and institutional frameworks, developing demonstration projects, providing financial support, etc. to en

9、hance their PPP enabling environment. They have applied PPP widely, achieved good results and gained valuable experience. Brazil government amended the PPP Act in 2014 to clarify that all levels of government (federal, states and municipalities) could allocate up to 5% of its net fiscal revenue in P

10、PP projects. In order to develop infrastructure, Brazil took a series of positive measures to encourage investment. In 2016, Brazil created a new federal unit to improve PPP models. Russia established a solid foundation with 2005 Concession Federal Law and 2015 Public-Private Partnership Federal Law

11、 for projects preparation, drafting and signing of agreements, risk sharing, dispute resolution and attracting foreign investments. India has systematically rolled out a Public Private Partnership (PPP) program for the delivery of high-priority public utilities and infrastructure and has developed w

12、hat is perhaps one of the largest PPP Programs in the world, with over 1300 PPP projects at various stages of implementation. As per the 2015 Infrascope Report of the Economist Intelligence Unit, “Evaluating the environment for PPPs in Asia-Pacific 2014”, India ranks first in “Operational Maturity”

13、for PPP projects, third for sub-national PPP activity and fifth overall in terms of having an ideal environment for PPP projects. Chinas PPP is seen not only as a way of financing, but also a reform to Chinas 2 existing institutional system, and a supply-side structural reform of public services. Si

14、nce 2014, the Chinese government has promoted a new round of PPP reform and achieved fast development across the country. According to the data in the National PPP Information Platform (a PPP project information database built by MOF, China), as of the end of December 2016, there were 11,260 project

15、s in the database nationwide with the total investment of 13.5 trillion RMB. South Africa established PPP Unit to develop the policy/regulatory framework for PPP and prepare guidelines and manuals on the regulatory requirements among others. South Africa enacted a series of regulatory framework for

16、PPP, including Public Finance Management Act, Treasury Regulation 16 for PPPs and Municipal Finance Management Act. There are 26 successfully concluded PPP deals in the market, over 50 registered projects in different phases of the project cycle. For PPP in South Africa, one of the key challenges is

17、 ensuring that the concluded deals are successfully implemented according to the terms of the final agreement. (Please see Annex 1 for a review of the PPP environment of BRICS countries). 2. Significance The PPP development in the BRICS countries has made notable progress. However, the cooperation m

18、echanism and effective communication are lacking among them. To respond to the theme of 2017 BRICS SummitStronger Partnership for a Brighter Future and to meet the large demand for both infrastructure and public service investment, members reached consensus on PPP project cooperation, and agreed to

19、establish a temporary task force to conduct technical discussion on various ways of cooperation, including utilizing existing facilities of the MDBs based on national experiences, exploring the possibility of establishing a new PPP Project Preparation Fund and other options to be engaged in deliveri

20、ng infrastructure and public services, to enhance the sustainable development of the economy, and to meet the 2030 Agenda for Sustainable Development of the United Nations. 3. Use BRICS PPP Good Practices as a Platform for Cooperation To enhance the exchange of PPP practices and experiences, based o

21、n the PPP practices of the BRICS countries and the good practices concluded by international multilateral/bilateral organizations, the BRICS countries initiate the BRICS PPP Good Practices, which consists of government support, regulatory framework, institutional arrangement, incentive measures and

22、project management. The BRICS PPP Good Practices is an open, non-binding and referential collection of experience for the BRICS countries and other developing countries and emerging markets. It is a living document that can be updated following by further interaction within the BRICS and could also

23、serve as a platform for strengthening PPP network of BRICS members. 4. BRICS PPP Good Practices 4.1 Government Support PPP model is not only a tool for financing, but also a new concept of public 3 governance and a measure of supply-side structural reform. PPP plays an important role in improving th

24、e quality and efficiency of delivering public goods and services. Governments emphasis on promoting PPP in infrastructure and public service and on giving full play to the market could send a positive signal to the market, enhance the confidence of all stakeholders to participate in PPP, and create

25、a stable and long-term PPP market. The development of PPP would improve the socialization of public service and help improve market-orientation as well as law and governance system of the BRICS countries. 4.2 Regulatory Framework In the top-level design of PPP, considering the BRICS countries actual

26、 situations, a well-defined regulatory framework including a set of supporting policies should be built up based upon learning from good experience and practices from countries that have a well-developed PPP market, and outcomes absorbed from international organizations. It is necessary to converge

27、the approaches to PPP operation, Value for Money evaluation, fiscal affordability assessment, procurement, and contract management, and clarify the roles and responsibilities of all stakeholders. To create an enabling market environment, the concepts of lifecycle project management, risk sharing and

28、 performance-based payment should be emphasized to ensure that PPP projects be conducted properly. 4.3 Institutional Arrangement 4.3.1 Building up PPP institutions. It is necessary to set up a central PPP unit to fulfill the obligations of policy research, project management, promotion, capacity bui

29、lding, information collection and disclosure, international exchanges, etc. Local governments could establish corresponding PPP units to enhance its own capacity serving market players. For preventing risks, supervision institutions should be assigned to monitor PPP projects through their whole life

30、cycle. 4.3.2 Conducting training program. It is useful to conduct regular PPP trainings, experience sharing workshops and forums to the public implementing institutions, third-party consulting agencies, enterprises, financial institutions, etc. in order to raise their PPP awareness, knowledge, and p

31、ractical capability, etc. 4.4 Incentive Measures 4.4.1 Policy support. To optimize the environment for PPP projects financing, the BRICS countries governments have issued special supporting policies for promoting PPP. The central and the local government could set up PPP preparation fund and PPP fin

32、ancing fund, and issue tax incentives policies and financing supporting policies, etc. to support the development and implementation of PPP projects. 4.4.2 Innovation of financing. It is important to innovate the financing product and market by using instruments like fund, loan, bond, asset securiti

33、zation and project financing to facilitate PPP financing so as to reduce financing cost and financing/refinancing risk, and form a positive interaction between PPP projects 4 and financial market. 4.4.3 Project demonstration strategy. It is worth to select high-quality PPP projects as national demon

34、stration projects to guide the regulated operation of PPP projects, gather practical experience, and disseminate good practices. A successful demonstration project can play a role as a lighthouse, which teaches the stakeholders of PPP projects in the region or within the same sector how to develop a

35、nd implement PPP project properly, and assists local government to improve its top-level design. Meanwhile, it is recommended to encourage government, industry and research institution together to promote PPP and explore new areas, which are suitable for applying PPP model, like new-type urbanizatio

36、n, integrated environmental protection, etc. 4.4.4 Use of consultancy expertise. It is important to take full advantage of third-party consulting agencies for providing legal, financial, engineering, management, and financial services, like hiring legal and project-cost consultancy company to prepar

37、e feasibility study report, implementation program. 4.5 Project Management 4.5.1 Unified project operation process. Although PPP projects have various models and types, developing a unified PPP project operation process, including project identification, preparation, procurement, implementation and

38、transfer, will help practitioners understand the PPP project development process in order to improve the quality and efficiency of project development, reduce transaction costs, increase the attraction of the private sector, and promote PPP market development orderly. 4.5.2 Management of governments

39、 PPP expenditure. Government should monitor and control its PPP expenditure strictly, incorporate its PPP expenditure in its budgetary management, mid-term and long-term fiscal planning and its financial report. To achieve the goal of improving public service, government should insist on performance

40、-based payment. 4.5.3 Value for Money evaluation and fiscal affordability assessment. In the project preparation stage, it is essential to carry out Value for Money evaluation and fiscal affordability assessment to promote scientific decision-making. Value for Money evaluation is an important instru

41、ment for risk allocation and cost calculation in the whole project lifecycle, and a key indicator for PPP suitability decision and performance evaluation. Fiscal affordability assessment acts to identify and measure the PPP expenditures of local government, evaluate the impact of implement of PPP pr

42、ojects on local governments annual financial expenditures in current year and subsequent years. Both of them help local government evaluate and manage its financial expenditures and potential financial risks so that local government can implement PPP projects orderly, comply with its contractual obl

43、igations effectively, and optimize public resource allocation. 4.5.4 Procurement. The government should regulate PPP procurement procedure. 5 A transparent, fully competitive and appropriate procurement (including competitive bidding, competitive consultation, etc.) could result in selecting the bes

44、t private partner with strong comprehensive abilities, and build up an equal cooperation mechanism between the public and the private. 4.5.5 Transparency. It is meaningful to promote information disclosure throughout the whole lifecycle of PPP projects, i.e. disclosing business case, Value for Money

45、 evaluation report, fiscal affordability assessment report, contract and relevant information of each specific PPP project, to improve information asymmetry among the public sector, the private sector and the public, to facilitate all stakeholders to access to PPP project information. The transparen

46、cy of PPP projects could optimize project development and implementation, guarantee the right of the public to know, and create an open, transparent, fair, credible and regulated PPP market. 4.5.6 Internet-based PPP information management. It is useful to establish an overall Internet-based PPP info

47、rmation management platform to optimize the development, implementation, operation and management of PPP projects by collecting, disclosing, analyzing and applying the projects information and data, and serve the public sector, the private sector and the public in terms of PPP projects financing, in

48、vestment, constructor, operation and transfer. Internet-based PPP information management platform can realize instant PPP project information management covering all sectors and setting up connectivity among central government and local governments, carry out big data analytics, facilitate informati

49、on search, disclosure and statistics, realize dynamic PPP project management through their whole lifecycle, and promote smooth development of PPP market. 6 Annex 1 PPP Development in the BRICS Countries BRAZIL The Brazilian Privatization Program (PND) started in 1990. Since then, private investment

50、in logistics infrastructure in Brazil has fluctuated significantly over the past 25 years. The first phase of privatization between 1990 and 1998 included the privatization of existing state companies in mining, steel, telecom and banks. The next stage from 1998 to 2002 was concentrated on infrastru