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Allocation of Major Risk of PPP Project Contract

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Annual Report on The Development of PPP in China
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Abstract

This paper introduces and explains the risk definition, risk allocation principle and risk identification of PPP project, and analyzes the method of risk allocation of general PPP project from the perspective of practice. The risk of a PPP project contract mainly comes from losses that cannot be attributed to the contracting parties of the PPP project. It is generally borne by the party that has control over the risk. The common PPP project contract risk is divided into government behavior risk, financial risk, construction risk, operation risk, and income risk, etc. Meanwhile, this paper also introduces and analyzes the main contract risks of PPP projects in 2018 in practice based on the changes of policy environment and market environment in 2018.

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Notes

  1. 1.

    Guideline for PPP Project Contract (Trial) (No. 156 [2014], MOF).

  2. 2.

    World Bank Group, Public-Private Partnerships Reference Guide: Version 3.

  3. 3.

    Wang T.Y., Yang B.: Research on PPP in Japan, (in Chinese).

  4. 4.

    Zhang T.: Analysis on VAT Tax Planning and Risk Allocation of PPP Projects, sohu.com, http://www.sohu.com/a/220090938_480400, (in Chinese).

References

  • Wang T.Y., Yang B.: Research on PPP in Australia, Tsinghua University Press, 2018, (in Chinese).

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  • [US] Thomas Ulen: Law and Economics (Fifth Edition), translated by Shi J.C., Dong X.B., etc., Shanghai People’s Publishing House, 2010 edition, page 292.

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  • Yu W.H.: On the System Construction of Risk Allocation System in Contract Law - Centering on the Rules of Risk Burden, published in Political Science and Law, No. 4, 2016, (in Chinese).

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Correspondence to Fei Liu .

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© 2020 Social Sciences Academic Press and Springer Nature Singapore Pte Ltd.

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Liu, F., Wu, Y., Han, L., Yu, X. (2020). Allocation of Major Risk of PPP Project Contract. In: Wang, T., Han, Z., Yang, Y., Wang, S., Li, K. (eds) Annual Report on The Development of PPP in China. Research Series on the Chinese Dream and China’s Development Path. Springer, Singapore. https://doi.org/10.1007/978-981-15-5724-8_13

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  • DOI: https://doi.org/10.1007/978-981-15-5724-8_13

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  • Publisher Name: Springer, Singapore

  • Print ISBN: 978-981-15-5723-1

  • Online ISBN: 978-981-15-5724-8

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