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1 20//204 PUBLIC PARTNERSHIP PRIVATE on Institutional Arrangement and Policy Implications Case Studies from the Republic of Korea November 8, 204 Seung-Jin Baek Economic Development Division UN ECLAC What is PPP? There exists no standard definition of what constitutes the PPP. In Korea the PPP is a project to build infrastructure with capital, creativity and efficiency of the private sector. agreement between the government and one or more private partners service delivery objectives of the government = profit objectives of the private partners arrangements typified by joint working between the public and private sectors covering all types of collaboration across the private-public sector project to build infrastructure with private capital tapping the creativity and efficiency of the private sector

2 20//204 Table of Contents I. Institutional Arrangement and Reform on Korean PPPs II. Background in Chronology Institutional Setting Procurement Schemes Government Support and Risk Sharing Mechanisms Trends of PPP Analysis of PPPs' Efficiency and Contribution to the National Economy III. Key Factors and Policy Implications Characteristics of Korean PPP Lessons from Korea and Policy Implications Background in Chronology Chronologically, the changes in the nation s PPP project characteristics can be roughly divided into four periods. Chronological Change and Characteristics of Korean PPP Sporadic promotion of PPPs based on individual laws Serious shortage of infrastructure facilities Act on promotion of private capital investment in social overhead capital Formulation of policy package for inducing private participation Act on Participation in Infrastructure Reinvigoration of private sector s investment and project participation 200- Inclusion of nine residential infrastructure facilities in the scope of PPPs Abolition of minimum revenue guarantee and introduction of government compensation of base cost 2

3 20//204 Institutional Setting Institutional settings including legal framework and organizational effectiveness over decision process have been critical factors for promoting PPP projects. Institutional Setting Legal Framework Organizational Decision Process The PPP Act and the PPP Enforcement Decree are the principal components of the legal framework for PPP projects. As a special act, the PPP Act takes priority over other acts. Under the PPP Act, the PPP Review Committee (PRC) is organized and managed by the Finance Ministry. If the competent authority has issued the public notice of DEDPI, the authorizations and permissions prescribed in the laws concerning the relevant PPPs are considered granted. The government established the PPP Project Dispute Mediation Committee under the direct jurisdiction of the Finance Ministry by revising the PPP Act and Enforcement Decree in Procurement Schemes Eligible Infrastructure Facility Types by Sector According to the PPP Act, 48 types of facilities in 6 sectors are currently defined as eligible types including not only economic infrastructure but social infrastructure. Sector Infrastructure Type Sector Infrastructure Type Road (4) Roads and ancillary facilities, parking facilities, intelligent transport systems and transfer centers, bicycle facilities Logistics (2) Distribution complexes and cargo terminals, passenger terminals Rail () Railways, railway facilities, urban railways Culture &Tourism (9) Tourist sites or complexes, youth training facilities, public and/or professional sports facilities, libraries, museums and art galleries, international conference facilities, cultural facilities, urban parks Port () Port facilities, fishing port facilities, eligible facilities for new port construction Education () Pre-schools and schools Airport () Airport facilities National Defense () Facilities for military training and military residency and ancillary facilities for serviceperson's welfare and sports activities Water resources () Multipurpose dams, river-affiliated ancillary structures, waterworks Housing () Public rental housing Communications () Telecommunication facilities, information communication systems, information superhighway, Geographic information systems, ubiquitous urban infrastructure Welfare () Senior homes and welfare medical facilities and facilities for remarried seniors, public health and medical facilities, child care facilities, welfare facilities for the disabled Energy (4) Electric source facilities, gas supply facilities, collective energy facilities, renewable energy facilities Forestry (2) Natural recreational resorts, arboretums Environment () Sewage and sewage treatment facilities, waste treatment facilities, public livestock treatment facilities, wastewater treatment facilities, recycling facilities Industrial () Industrial complex facilities

4 20//204 Procurement Schemes 2 Procurement Methods Eligible procurement methods are divided into BTO and BTL, depending on the structure of the PPPs. Other methods, such as BOT and BOO are applicable as well. Build Transfer Operate (BTO) Build Transfer Lease (BTL) Build Operate Transfer (BOT) Build Own Operate (BOO) Transfers Ownership Grants Operational Rights Transfers Ownership Grants Operational Rights Ownership upon termination of the concession period (BOT) Receives government payment based on Gov. Gov. operational performance Gov. Ownership of the infrastructure facilities is transferred to the government upon completion of construction, and the concessionaire is granted the right to operate them and gain a return on investment. Ownership of the infrastructure facilities is transferred to the government upon completion of construction, and the concessionaire is granted the right to operate them and receive government payments. The concessionaire owns and operates the infrastructure facilities upon completion of construction. But ownership is transferred to the government upon termination of the concession period in case of BOT. 4 Procurement Schemes Procurement Initiation Government has recently made efforts to promote more solicited projects, since they can be implemented in line with the overall infrastructure investment plan and priorities. Solicited Project Unsolicited Project Govt. ) Identifying a potential PPP project Competitive Bidding 2) Giving extra points in the bid evaluation ) Identifying a potential PPP project Govt. Competitive Bidding Solicited projects have not attracted much intention from the competent authority because it takes considerable time and costs to initiate a PPP project, whereas unsolicited projects have been actively sought and implemented because the private sector assumes associated costs and risks. 4

5 20//204 Government Support and Risk Sharing Mechanisms While the MRG encouraged private participant, the newly adopted policy decreases the investment risk for private participants and enhances their motivation to make profit. % of projected revenue in concession agreement 0% 20% 90% 60% 0% 0% Coverage Minimum Revenue Guarantee and Redemption of Excess Revenue 0% 90% Solicited 20% 80% Unsolicited % 90% Solicited 0% 0% Unsolicited % 6% Solicited Unsolicited 2006 Guarantee Redemption MRG is nullified MRG system ended, and Replaced by New Risk- Sharing Structure Solicited Unsolicited 2009 Note: During 99 to 200, guarantee period is to 20 years. During 2004 to 200 and 2006, guarantee period varies but here guarantee period for 6 to 0 years is only considered in the chart. Source: Korean Basic Plan for PPP Estimated revenue of agreement Amount of share of investment risk* 0% of the share of investment risk New Risk-Sharing Structure Note: Share of investment risk = private investment cost X Source: Korean Basic Plan for PPP Payment of share Redemption of share of expenses Redemption of excess revenue Actual Income Actual Income Actual Income Actual Income n n+ n+2 n+ Interest rate of government bonds - ( + interest rate of government bonds) -operation period The MRG payment provided support for private participant s minimum revenue as projected in the concession agreement; the newly adopted policy compensates for the private participant s base cost. 6 Trends of PPP In 99 when PPPs were first introduced, PPP investment was just 0.% of the public investment in SOC. But now it reached over 0%. Trend of PPP Investment 4,000 PPP Investment PPP Investment Ratio in Construction Sector 6.0%,00.0% PPP Investment (KRW Billion),000 2,00 2,000,00, %.0% 2.0% PPP Investment Ratio in Construction Sector (%) 00.0% Introduction of unsolicited method Note: PPP Investment amount = National BTO projects + Railway BTL projects Source: Statistics Korea and Ministry of Strategy and Finance of Korea Introduction of BTL method 0%

6 20//204 Analysis of PPPs' Efficiency and Contribution to the National Economy It would be reasonable to evaluate PPP performance based on five perspectives: users, concessionaires, government, national economy and social welfare. Conceptual Framework for Analysis on PPP Performance 2 Comparison of user fees Users Concessionaire Competition in the bidding process Fair return for risks of BTO project Benefit Analysis of PPP Roads from Service Delay Social Welfare PPP Performance National Economy Government Present value of government subsidy 4 Contribution to Economic Growth 8 Analysis of PPPs' Efficiency and Contribution to the National Economy Users The results from analyses of comparing fees between PPP and government-financed on both roads and railways confirm the efficiency of PPP projects. Ratio of PPP Toll Level to Government-Financed Toll Level Ratio of User Fees of PPP Railways to Government-Financed Railways Source: KDI Public and Infrastructure Investment Management Center Source: KDI Public and Infrastructure Investment Management Center The difference has decreased over time from 2.4 to.. The difference has decreased over time from.0 to.2. Economic Efficiency of PPP 9 6

7 20//204 Analysis of PPPs' Efficiency and Contribution to the National Economy Concessionaire PPP environment for private participants has become more competitive over time, enhancing its economic efficiency. 2 Number of Bidders on PPP by Year Results of Fair Return for BTO Road Projects Year Number of Bidders 2 4 Total Percentage 2 4 Project Real Concession Agreement Nominal GB Premium Against yr KTB Fair Premium Results Excess Return A - expressway B - expressway C - expressway D - expressway E tunnel F bridge G - expressway H - expressway I - expressway J bridge K bridge L - expressway Under Negotiation M - expressway Total N - expressway Source: KDI Public and Infrastructure Investment Management Center Source: KDI Public and Infrastructure Investment Management Center 0 Analysis of PPPs' Efficiency and Contribution to the National Economy Government To examine its efficiency, the government subsidy is needed to be compared with the subsidy for government-financed public projects. Comparison of Government Subsidy in Project A Comparison of Government Subsidy in Project B,00 * No Construction Subsidy * KRW billion of Construction Subsidy,000 Present Value of Govt. Subsidy to PPP (KRW Billion), ,22 82 PV of Subsidy to Govt.-financed Govt. Redemption Present Value of Govt. Subsidy to PPP (KRW Billion) 0,000,000 0,6,48,9 PV of Subsidy togovt.-financed,999 2,906 2, Govt. Redemption -00 0% 60% 66.2% 0% 80% 90% 00% Ratio of Actual Revenue to Forecast Revenue If the ratio falls below 66.2%, it would be more efficient to carry out governmentfinanced project. Source: KDI Public and Infrastructure Investment Management Center -,000 0% 0%.2% 82% 00% 02% 0% 04% Ratio of Actual Revenue to Forecast Revenue If the level falls to less than.20%, it would be more efficient to carry out the project in the form of a government-financed project. Source: KDI Public and Infrastructure Investment Management Center

8 20//204 Analysis of PPPs' Efficiency and Contribution to the National Economy Economy and Social Welfare Economic analyses confirm that Korean PPPs contributed to economic growth (0.98% growth impact in 2008) and made positive welfare effects. 4 4 Estimation of Growth Impact of PPP Unit: KRW Billion Early Realization of Benefits from 4 PPP Roads Unit: KRW Billion 200, , % Growth Impact 0.2% Growth Impact -, ,0 8,00 -Year Service Delay -Year Service Delay -Year Service Delay 0.4% Growth Impact 0.98% Growth Impact Assuming they were opened three years ahead of schedule, the benefits were estimated to be worth about KRW 2.4 trillion. Source: Statistics Korea, Ministry of Strategy and Finance of Korea, and KDI Public and Infrastructure Investment Management Center Source: KDI Public and Infrastructure Investment Management Center 2 Key Factors and Policy Implications Characteristics of Korean PPP Korea PPP has grown into a stable and profitable financial market, thanks to the government s systematic support and management but Indicator Legal Framework Organizational Decision Process Government Support Efficiency in User Perspective Efficiency in Perspective Efficiency in Govt. Perspective Contribution to National Economy Contribution to Social Welfare Score Description The PPP Act clearly defining eligible infrastructure types as a special act, it takes priority over other acts. However may restrict the flexibility The finance ministry plays a central role...implementing PPP. The PPP Review Committee is organized and managed by the finance ministry. Infrastructure financing land expropriation, construction subsidies and compensation for bid costs, and tax incentives and risk sharing mechanism The difference in user fees between government financed and PPP projects have decreased over time, confirming the efficiency of PPP. Promoting competition is one of the key elements in enhancing efficiency, confirmed by previous studies but the number of bidders is still not sufficient. Previous case studies compare the cash flow of subsidies between government-financed and PPP but not all the projects appeared to be efficient. PPP had the effect of expanding the economy and as a new mode to make up for insufficient government funding but it has decreased since 200. Positive social welfare effect is confirmed by the analysis on early realization of benefit from 4 PPP roads. Institutional Arrangement and Reforms Korean PPP Performance low middle high 8

9 20//204 Key Factors and Policy Implications Lessons from Korea and Policy Implications A concerted effort of leadership, unified framework, and monitoring and evaluation would be essential to ensure that resources are managed for the benefit of all citizens. Role of Finance Ministry Institutional arrangement for strategic PPP screening and planning from an initial stage of the procurement has been clearly established at the very beginning stage. Korean PPPs implementation process has been initiated by the Finance Ministry, not by the line ministries, partly mitigating the information asymmetry and leading to better decision-making. A Unified Framework for Project Appraisal Y Construction of PPP Alternative Implementation by PPP Project Initiation Feasibility Study by Cost Benefit Analysis Y Value for Money (VFM) Study N Implementation by CP N Rejection Monitoring and Evaluation Government make sure that the feasibility and the VFM are not impaired over the procurement process. In PPPs, VFM outcomes are contingent on effective management over concession terms, hence PPPs require careful oversight and regular audits. 4 PPP small important service 9

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