Law & Regulation
Law No. 12 of 2020 Regulating Partnership Between the Government and Private Sectors
The Law creates a dedicated statutory route for partnerships between covered government entities and the private sector, and expressly excludes application of the general Tenders and Auctions Law to partnerships implemented under it.
Legal Significance
What This Instrument Does
The Law creates a dedicated statutory route for partnerships between covered government entities and the private sector. It identifies permitted partnership forms, allows project proposals to originate from government or private-sector initiative, establishes project assessment and approval stages, creates a project-specific committee and tender process, regulates consortium participation and award, and specifies the principal architecture of the partnership contract. The Law also addresses project company arrangements, financing and security-facing concepts, State land or assets, remuneration models, term, amendment, monitoring, termination and transfer. Crucially, partnerships implemented under this Law are not subject to the general Tenders and Auctions Law. This is a statutory boundary between regimes, not merely a drafting preference.
Why It Matters
The Law determines how a Qatar PPP moves from project concept to approved procurement and long-term contract. Sponsors need it for bid structure, consortium and SPV planning; government entities need it for approval and project-committee governance; lenders need to understand whether the project agreement, revenue model, land access and financing provisions have the necessary statutory basis. It does not, by itself, supply a bankable project agreement or resolve every risk allocation.
Key Provisions
- PPP scope, policy and permitted models
The statutory partnership concept and recognised structures, including land-development, build/transfer/operate and operations-and-maintenance models, together with other approved structures.
- Project initiation and private proposals
Routes by which a government entity or the private sector may identify and present a project, with private-proposal procedure dependent on the prescribed mechanism.
- Feasibility, public-interest review and approval
Technical, financial and policy assessment and the governmental approvals required before a project proceeds to market.
- Project-specific governance
Formation, competence and responsibilities of the committee established for the individual PPP rather than an assumed universal tender committee.
- Procurement documents and tender preparation
Preparation of project information, qualification and evaluation criteria, bid requirements and the proposed partnership contract.
- Consortiums, qualification and bids
Participation by more than one private entity, bidder responsibility and the relationship between consortium qualification and the eventual delivery structure.
- Evaluation, recommendation and award approval
Tender evaluation, selection recommendation and the approvals required before the successful bidder is announced or contracted.
- Project company and private-party structure
Establishment and role of the project company/SPV and the connection between the selected bidder, its members and the entity performing the partnership contract.
- Partnership contract and risk allocation
Required treatment of scope, responsibilities, performance, risk, supervision, change, remedies and exit in the long-term project agreement.
- Financing, security and lender interface
Statutory recognition of financing and security requirements, while leaving detailed lender protections and financeability to the project documents and applicable law.
- Land, State assets and project property
Lease, usufruct or use of State land/assets and the treatment of project property during implementation and at the end of the arrangement.
- Revenue, remuneration and performance
User-fee, availability/performance-linked governmental payment or other approved remuneration architecture and its connection to service outcomes.
- Term, change and continuing approvals
Contract duration, extension, amendment and changes during the project lifecycle, including required public-interest and approval controls.
- Transfer, termination and handback
Transfer restrictions, early termination, resulting rights and obligations, continuity and the end-of-term asset position.
- Relationship with general procurement law
The express non-application of Law 24/2015 to partnerships implemented under the PPP Law, making regime selection a threshold legal issue.
When You Would Use This
PPP route confirmation
Determining whether a proposed government/private project is being procured under Law 12/2020 rather than general procurement law.
Project screening and feasibility
Structuring the technical, economic and public-interest case required before market launch.
Private proposal development
Testing whether and how a privately initiated concept can enter the statutory process.
Consortium and SPV planning
Designing bidder and project-company architecture while preserving required approvals and liability arrangements.
Tender and project-agreement review
Checking whether procurement documents and the draft agreement address the statutory content and approval pathway.
Financing due diligence
Locating lender, security, revenue, land and termination issues within the statute and identifying what must be supplied by contract.
Land and asset structuring
Coordinating State property rights with the project term, construction, operation and handback.
Payment-mechanism design
Testing user-fee or availability/performance payment structures against the approved PPP model.
Change and refinancing analysis
Reviewing whether a proposed amendment, ownership change or financing adjustment requires governmental approval.
Termination and handback planning
Coordinating contractual exit, compensation, asset transfer and continuity with the statutory framework.
InfraLex Relevance
The Law is Qatar's central dedicated PPP instrument. It gives InfraLex users the legal map behind project identification, procurement, SPV formation, financing, payment and long-term project agreements, while showing exactly where generic procurement analysis stops.
Legal Framework Position
- PPP / ConcessionsPrimary / Framework Instrument
- Public ProcurementPrimary / Framework Instrument
Instrument Overview
- Official Citation
- Law No. (12) of 2020
- Instrument Type
- Law / Act
- Source Language
- Arabic
- Enactment Date
- 3 May 2020
- Effective Date
- 11 June 2020
