Public-Private Partnerships Laws / Concession Laws

As discussed in Legislative Assessment, a government may decide to enact a PPP law or a concession law for a number of reasons, such as to give priority to a process of developing, procuring and reviewing PPP projects that will take priority over sector laws, or to establish a clear institutional framework for developing, procuring and implementing PPPs. PPP laws can also be used to close gaps in the laws of a host country may need to allow for successful infrastructure PPP projects, such as enabling the grant of step-in rights to lenders and requiring open and fair procurement processes. These modifications may be embodied in sector-specific law, or in the case of procurement, a procurement or competition law, or the can be included in a general concession or PPP law. This site includes links to guidance on drafting PPP/ Concession laws and sample enacted PPP laws.

While guidance and examples can be useful, each PPP/ concession law needs careful drafting to be consistent with the host country's existing laws. Legal draftsmen need to strike a balance between setting ground rules that encourage transparency and imposing general restrictions that may hinder bidding teams from achieving value for money or sensible solutions when bidding out PPP projects.

International Guidelines

UNCITRAL Guidance on PPP/ Concession Laws

The United Nations Commission on International Trade Law (UNCITRAL) has published a Legislative Guide on Privately Funded Infrastructure Projects in 2000. The purpose of the Guide is to assist in the establishment of a legal framework favorable to private investment in public infrastructure. The advice provided in the Guide aims at achieving a balance between the desire to facilitate and encourage private participation in infrastructure projects, on the one hand, and various public interest concerns of the host country, on the other. The Guide sets out suggested legislative language in its Model Legislative Provisions on Privately Financed Infrastructure Projects of 2003.

EBRD Core Principles for a Modern Concession Law

The European Bank for Reconstruction and Development (EBRD) defined a set of core principles for a modern concession law as legislative guidelines (English French and Russian). The Legal Transition Group of the EBRD prepared the paper EBRD Core Principles for a Modern Concessions Law - selection and justification of principles which explains each of the principles. 

OECD Principles for Public Governance of Public-Private Partnerships

The OECD Principles for Public Governance of Public-Private Partnerships provide concrete guidance to policy makers on how to make sure that Public-Private Partnerships (PPP) represent value for money for the public sector.

Examples of PPP Laws

Set out below are links to examples of PPP/Concession Laws enacted in various countries. Attached for information are also some links to commentaries prepared by third parties as well as summaries. The inclusion of these publications does not mean that they or their authors are in any way approved or endorsed by the World Bank, the PPPLRC or by the donors who support the website.

To view and download the summaries, go to PPP Legal Snapshots.

Countries are listed alphabetically:

Afghanistan

Albania

Summary:

Algeria

Angola

Commentary:

Argentina

Armenia

Australia

Commentaries:

Austria

Azerbaijan

Bangladesh

Belarus

Belgium

Benin

Summary:

Bosnia and Herzegovina

Summary:

Botswana

Summary:

Brazil

Commentary:

  • Brazil PPP law commentary: Spotlight on Brazil: Brazil Launches New PPP Law, by Jacques Cook, March 2006. The article discusses the recently enacted PPP Law in Brazil and explains how it offers the opportunity to stimulate lagging private investment in social and infrastructure projects in the country.

Bulgaria

Commentaries:

Summary:

Burkina Faso

Commentary:

Summary:

Burundi

Cambodia

Summary:

Cameroon

Summary:

Canada

Commentary:

Chad

Central and Eastern Europe

  • Assessment of Concession Laws (2008) - prepared by the European Bank for Reconstruction and Development (EBRD) - Including: Albania, Armenia, Azerbaijan, Belarus, Bosnia and Herzegovina, Bulgaria, Croatia, Czech Republic, Estonia, FYR Macedonia, Georgia, Hungary, Kazakhstan, Kyrgyz Republic, Latvia, Lithuania, Moldova, Montenegro, Poland, Romania, Russia, Serbia, Slovak Republic, Slovenia, Tajikistan, Turkey, Turkmenistan, Ukraine, Uzbekistan.

Chile

China

Commentary:

Colombia

Commentary:

Congo, Democratic Republic of

Commentaries:

Costa Rica

Côte d’Ivoire

Summary:

Croatia

Commentary:

Czech Republic

Djibouti

Dominican Republic

Ecuador

Egypt

Summary:

EI Salvador

Estonia

Ethiopia

European Union (EU)

  • European Union Rules on Public-Private Partnerships - including EU rules on setting up public-private entities, EU law on public procurement and concessions in relation to public-private partnerships and 2004 Green Paper on how procurement law applies to different forms of public-private partnerships
  • Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts (English but also available in other EU languages including French and Spanish). The new EU directive sets out minimum EU requirement for the award of concession contracts by public authorities to procure works or services from private suppliers. It is part of a suite of procurement directives designed to update the procurement processes for all aspects of public procurement in European countries. More information on the EU directive is available on the website of the European Commission.

Fiji

Finland

France

Commentaries:

Gabon

Gambia, The

Commentary:

Summary:

Georgia

Germany

Ghana

Summary:

Greece

Grenada

Guatemala

Guinea

Guinea-Bissau

Haiti

Honduras

  • Ley de Promoción de Alianza Público-Privada (Law for the Promotion of Public-Private Partnerships) (in English and Spanish)
  • Reglamento General de la Ley de Promoción de Alianza Público-Privada (General Regulation to the Law for the Promotion of Public-Private Partnerships) (in English and Spanish)
  • Laws and regulations in Honduras

Hungary

India

Indonesia

Commentary:

Iraq

Commentary:

Ireland

Commentaries:

Italy

Jamaica

Japan

Commentary:

Jordan

Commentary:

Kazakhstan

Commentary:

Kenya

See also:

Commentary:

Summary:

Korea, Rep

Kosovo

Kuwait

Commentaries:

Kyrgyz Republic

Lao PDR

Latvia

Lebanon

Liberia

Lithuania

Macedonia, FYR

Madagascar

Summary:

Malawi

Summary:

Malaysia

Mali

Mauritania

Summary:

Mauritius

Mexico

Further guidance materials as well as laws and regulations on the state level are available on the website of Programa para el Impulso de Asociaciones Público-Privadas en Estados Mexicanos (PIAPPEM).

Commentaries:

Moldova

Mongolia

Montenegro

Morocco

Commentary:

Summary:

Mozambique

Commentary:

Myanmar

Nepal

New Zealand

Niger

Nigeria

Summary:

Northern Ireland:

Pakistan

Panama

Papua New Guinea

Paraguay

Peru

Philippines

Commentary:

Summary:

Poland

Portugal

  • 2012 PPP Law: Decree Law 111/2012 (Decreto-Lei n.º 111/2012) of 23 May 2012 (in Portuguese)
  • 2008 Public Contracts Code: Decree Law 18/2008 (Decreto-Lei n.º 18/2008) of 27 April 2008 and amendments (in Portuguese)

Puerto Rico

Commentary:

Romania

See also:

Commentaries:

Russian Federation

Commentaries:

Rwanda

Saint Lucia

Samoa

Senegal

Commentaries:

Summary:

Serbia

Commentary:

Seychelles

Sierra Leone

Singapore

Slovak Republic

Slovenia

Solomon Islands

Somalia

Summary:

South Africa

Spain

Commentary:

Sri Lanka

Sudan

Swaziland

Summary:

Sweden

Switzerland

Syria

Tajikistan

Tanzania

Commentaries:

Summary:

Thailand

Commentary:

Timor Leste

Togo

Tonga

Trinidad and Tobago

Tunisia

Summary:

Turkey

Uganda

Commentary:

Summary:

Ukraine

United Arab Emirates

Commentaries:

United Kingdom

United Kingdom Treasury:

Commentaries:

United States

Virginia

Commentaries:

Uruguay

Uzbekistan

Vanuatu

Venezuela

Vietnam

Commentaries:

Summary:

Yemen

Zambia

Summary:

Zimbabwe

Further Reading and Resources

Page Disclaimer:

The inclusion of or reference to any materials on this website does not mean that they are in any way approved, endorsed or recommended by the World Bank, the PPPLRC or by the donors who support the website. The PPPLRC accepts no responsibility or liability whatsoever with regard to the materials on this website. The materials are:

  • not necessarily comprehensive, complete, accurate or up to date;
  • sometimes linked to external sites over which the PPPLRC has no control and for which the PPPLRC assumes no responsibility;
  • reference materials for information ONLY. They should not be relied on as a substitute for specific legal advice (if you need specific legal advice, you should always consult a suitably qualified professional).

The goal of the PPPLRC is to keep the information on this website timely and accurate. If errors are brought to our attention, we will try to correct them. Please contact us at ppp@worldbank.org.

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Updated: March 23, 2021