Infrastructure and Concessions Alert - july 2026
Approval of Guidelines Applicable to Public-Private Partnership Projects
As part of the implementation of the new legal framework governing Public-Private Partnerships ("PPPs"), established under Law No. 32441 and its implementing regulations, the Ministry of Economy and Finance ("MEF") has recently approved two methodological instruments aimed at developing and operationalizing the application of this framework.
In this regard, the following instruments were published in the Official Gazette El Peruano on July 9 and 13, 2026:
- Directoral Resolution No. 002-2026-EF/68.01, approving the "Methodological Guidelines for the Prioritization of National Government Public-Private Partnership Projects."
- Directoral Resolution No. 003-2026-EF/68.01, approving the "Guidelines for the Preparation and Registration of Technical Studies for Public-Private Partnership Projects." This Resolution also repeals Directive No. 001-2025-EF/68.01, which had approved the corresponding guidelines under the previous PPP legal framework.
The main aspects of these Guidelines are summarized below:
(i) Guidelines for the Prioritization of National Government PPP Projects: These Guidelines establish the methodology to be followed by PROINVERSIÓN and the MEF, within the scope of their respective responsibilities, for the preparation, evaluation, justification, and approval of the proposed list of potential National Government PPP projects.
(ii) Guidelines for the Preparation and Registration of Technical Studies: These Guidelines establish the applicable criteria for the preparation and registration of Technical Studies for PPP projects and are mandatory for Private Initiative (“PI”) proponents, Public Entities Responsible for PPP Projects (“EPTP”), Private Investment Promotion Agencies (“OPIP”), and other competent MEF bodies, as applicable.
Taken together, both Guidelines constitute key tools for the implementation of the new PPP legal framework, as they establish methodological criteria and technical rules applicable from project identification and prioritization through the preparation of Technical Studies and contract execution. Accordingly, they seek to strengthen decision-making processes, standardize procedures, and provide greater predictability, traceability, and technical support for the development of projects under the PPP framework.