Skip to main content
Menu: Transversal
  • Exports
    • Colombia Trade
    • Export Route
    • Opportunities in Real Time
    • Exportable Offer Catalogue
    • Colombia Exports Services
  • Investment
    • Invest in Colombia
    • Opportunities Map
    • Legal Guide
    • Legal Directory
  • Tourism
    • Vacations
    • Meetings
    • Entrepreneurs
    • Feel the rhythm
  • Colombia country brand
    • Colombia.co
    • News
    • Visit Colombia
    • Colombia Country Brand
letter
Header
  • Exports
    • Colombia Trade
    • Export Route
    • Opportunities in Real Time
    • Exportable Offer Catalogue
    • Colombia Exports Services
  • Investment
    • Invest in Colombia
    • Opportunities Map
    • Mapa de oportunidades
    • Legal Guide
    • Guía legal
    • Legal Directory
  • Tourism
    • Vacations
    • Meetings
    • Entrepreneurs
    • Feel the rhythm
  • Colombia country brand
    • Colombia.co
    • News
    • Actualiadad
    • Visit Colombia
    • Visita Colombia
    • Colombia Country Brand
    • Marca Colombia

Invest in Colombia

investin colombia
Main navigation
  • Home
  • Why Colombia
  • Sectors to invest
    • Agribusiness and food
      • Processed food
      • Cocoa and its derivatives
      • Forestry
      • Fruits and vegetables
    • Energy
      • Renewable energy
      • Green Hydrogen
    • Healthcare and life sciences
      • Cosmetics and Personal Care
      • Pharmaceutical
    • Infrastructure
      • Social infrastructure
      • Water and Sanitation
    • Manufacturing
      • Aeronautical
      • Naval
      • Automotive
      • Building materials
    • IT and Creative industries
      • Audiovisual
      • Data centers
      • Service outsourcing - BPO
      • Shared service centers
      • Software & IT
    • Other sectors
      • Agrochemicals
      • Hospitality and tourism infrastructure
      • Logistics
      • Fashion industry
  • How to Invest
    • 1. Foreign investment protection
    • 2. Exchange regime
    • 3. Corporate affairs
    • 4. Foreign trade
    • 5. Labor regime
    • 6. Immigration Regime
    • 7. Tax regime
    • 8. Environmental regime
    • 9. Energy market
    • 10. Intellectual property
    • 11. Real state
    • 12. State contracting
    • 13. Accounting regime
    • Free Trade Zone Regime
    • Incentives to Invest in Colombia
  • Resources
    • Investor support
    • Top investment opportunities
      • Investor
      • Colombian companies
    • Service Directory
    • Information resources
    • Site selection
  • Contact
  • EN
  • ES
Search
Sign in
  • Sign in
  • Create account
Choose your profile

Welcome, please choose the profile that best suits your business to login or register.

Colombian Companies Investor
  • EN
  • ES
Navegación principal
  • Home
  • Why Colombia
  • Sectors to invest
    • Agribusiness and food
      • Processed food
      • Cocoa and its derivatives
      • Forestry
      • Fruits and vegetables
    • Energy
      • Renewable energy
      • Green Hydrogen
    • Healthcare and life sciences
      • Cosmetics and Personal Care
      • Pharmaceutical
    • Infrastructure
      • Social infrastructure
      • Water and Sanitation
    • Manufacturing
      • Aeronautical
      • Naval
      • Automotive
      • Building materials
    • IT and Creative industries
      • Audiovisual
      • Data centers
      • Service outsourcing - BPO
      • Shared service centers
      • Software & IT
    • Other sectors
      • Agrochemicals
      • Hospitality and tourism infrastructure
      • Logistics
      • Fashion industry
  • How to Invest
    • 1. Foreign investment protection
    • 2. Exchange regime
    • 3. Corporate affairs
    • 4. Foreign trade
    • 5. Labor regime
    • 6. Immigration Regime
    • 7. Tax regime
    • 8. Environmental regime
    • 9. Energy market
    • 10. Intellectual property
    • 11. Real state
    • 12. State contracting
    • 13. Accounting regime
    • Free Trade Zone Regime
    • Incentives to Invest in Colombia
  • Resources
    • Investor support
    • Top investment opportunities
      • Investor
      • Colombian companies
    • Service Directory
    • Information resources
    • Site selection
  • Contact
Síganos:
Invest
now!
Decree 438 of 2021.
Breadcrumb
  1. Home
  2. Information resources
  3. Decree 438 of 2021

Decree 438 of 2021

Documents
Share
  • Twitter
  • Facebook
  • Linked in
23 of July of 2021

Decree 438 of 2021 was issued with the purpose of promoting private investment flows into infrastructure projects and to strengthen the legal framework for Public-Private Partnership (PPP). This decree reflects the best international practices on the subject, in addition to actions resulting from Colombia’s experience in the structuring and execution of PPPs, scheme that has been internationally recognized in the World Bank ranking in 2019 occupying the 2nd place in the world for the development of projects under the PPP scheme.

Some of the changes introduced by this decree are:

  • I. From now on, projects under the Public-Private Partnership (PPP) scheme must be aligned with national and local infrastructure priorities.
    • a. Private initiatives may only be submitted if they are included in the respective Development Plan or in any of the planning instruments of the entities.
  • II. Since the structuring phase of the projects, a liquid mechanism will be created to provide the monetary resources to meet contingencies, thus avoiding negative effects with high economic and social impact on the contract.
    • a. The creation of a fund charged to the economic exploitation of the infrastructure is proposed, aiming to have liquidity to attend contingencies that may arise due to geological problems, landslides, among others.
    • b. All private initiatives that do not require the disbursement of public resources must have at least one liquid mechanism destined to risk attention in charge of the State Entity.
  • III. Identify and regulate in a clear and standardized manner the sources of payment for the projects.
    • a. The disbursement of public resources to cover risks and contingent obligations is regulated.
    • b. The originator is required to present at the prefeasibility stage an estimate of the costs of capital and debt, as well as the identification of potential sources of financing.
  • IV. Promote and ensure transparency through the provision of information on both public and private management.
    • a. It is defined that the contracting entity may establish in the Public-Private Partnership contract the obligation of the private investor to periodically provide technical, economic, and financial information on the costs of execution of the work, operation, maintenance, and financing, as appropriate, in accordance with the scope of the project.
  • V. Promote competition in the selection process of private initiative projects.
    • a. The score that the originator of a private initiative must obtain at the end of the abbreviated selection process of minimum amount to have the option to improve its offer is increased by 10% (from 80% to 90%).
  • VI. Strengthen the evaluation and review of projects.
    • a. The General Direction of Public Credit and National Treasury of the Ministry of Finance may request the financial model of the projects in the feasibility stage, as well as any other information required for the proper analysis of the project, within the framework of the review and approval of contingent obligations. The foregoing retains the character of legal reserve referred to in Law 1508 of 2012.
Decree 438 of 2021

Other documents

13 of September of 2023
Foto: Shutterstock

Renewable energy: one of the best destinations for your investments in Colombia

25 of August of 2023
Businessman studying the business opportunities and the business climate in Colombia for multinational companies that want to achieve a market expansion.

These are the big brands that will expand to Colombia this year

25 of August of 2023
People working for Colombia’s sustainable development.

Colombia consolidates itself as a sustainable development investment hub in Latin America

25 of August of 2023
Foto: Shutterstock. Se encuentra en

Foreign direct investment: a goal of the Colombian economy

25 of August of 2023
Woman in one of Colombian sustainable tourism destinations, which is part of sustainable tours developed thanks to the growth of ecotourism.

Sustainable tourism: a consolidating sector in Colombia

08 of June of 2023
Green hydrogen production process for a global energy transition by technology development.

The green hydrogen growth in Colombia | Invest in Colombia

Image CAPTCHA
Enter the characters shown in the image.
Get new captcha!

About Procolombia

  • Citizen services
  • Complaints
  • Contact us
  • Work with us
  • Sustainability actions

Other directories

  • About this site
  • Terms of use
  • Personal data protection

Procolombia social media

linkedin instagram facebook youtube
Imagen
Procolombia logo
Imagen
Marca pais
Imagen
alt
X
  • Create new account
  • Request new password