Chau, An Quoc
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Legal Perspectives on Information Asymmetry in Investor Selection for Public-Private Partnership Projects Under O&M Contract Cao, Nhu Thi Thuy; Chau, An Quoc; Luu, Sang Minh; Ngo, Thao Minh Phuong; Pham, Ha Loc; Nguyen, Anh Phuong
Indonesia Law Review Vol. 15, No. 2
Publisher : UI Scholars Hub

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Abstract

Information asymmetry is a common barrier in selecting investors in the form of Public-Private Partnerships (PPPs), especially in the Operation and Maintenance (O&M) contracts. This issue arises from the natural information advantage of the construction contractor and the incumbent investor in construction and operation. Although it does not stem from misconduct, such asymmetry still affects competitiveness and selection efficiency. The article analyzes the causes and legal consequences of this phenomenon through a comparative review of Vietnamese and Canadian legal frameworks while also assessing selected projects. The research methodology includes theoretical analysis, legal comparison, and a review of practical literature. The findings highlight the need for regulatory intervention to ensure fair competition, with the key solution being the establishment of obligations to share project data for potential investors.