Joint Venture Agreement Neda Guidelines

PASIG CITY, August 23, 2019 – The National Economic and Development Authority (NEDA) has formally asked the Philippine Energy Efficiency Alliance (PE2) to participate in a public consultation held today specifically to gather feedback on proposed changes to the guidelines for joint venture agreements (JOINT Ventures) between public and private entities. The draft circular contains guidelines for the control of qualified joint ventures that meet the mandatory notification thresholds for the CCP. The objective is to create and establish a framework for the exemption of joint ventures between the public and private authorities for a joint venture project, created in accordance with NEFA guidelines, in accordance with the CCP`s mandate. NEDA defines a joint venture as an agreement by which a private entity or group of private sector organizations, on the one hand, and a public body or a group of public authorities, on the other, contribute to the realization of an investment activity. The investment aims to achieve a specific objective, limited or specific, in order to facilitate the initiative of the private sector in a given sector or sector and, finally, to transfer the activity either to the private entity under competitive market conditions or to the State. The joint venture includes a community or a group of interests in the implementation/implementation of the investment activity, and each party has the right to manage and regulate related policies with the intention of sharing both the benefits, risks and losses subject to agreement between the parties. A joint venture can be a joint venture or a joint venture under contract. The Philippine Competition Commission (CPC) invites stakeholders, representatives of economic, legal, scientific and commercial groups, as well as other government authorities to comment on the draft PKC circular on guidelines and procedures for exempting mandatory notification from joint venture agreements between the government and private entities, as published by the National Economic and Development Authority (NEDA). Download (Circular_PCC_NEDA-JV-JV-Exemption_Public-Comment-01062020.pdf) THE amendments made by NEDA state that joint enterprise agreements allow the share of profits and losses between the public body and the private sector partner and to take over projects by the private partner of the projects after the government has distanced itself from any interest in the joint venture.

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