Infrastructure Alert - February 2026
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Amendment to Law No. 32441, Law Regulating the Promotion of Private Investment through Public-Private Partnerships and Asset Projects
On February 4, 2026, Legislative Decree No. 1712 (“LD 1712”) was published, which amends Law No. 32441, Law Regulating the Promotion of Private Investment through Public-Private Partnerships and Asset Projects (“PPP and AP Law”).
LD 1712 introduces specific amendments to the PPP and AP Law, aimed at strengthening institutional capacity and clarifying competencies within the framework of the National System for the Promotion of Private Investment (“NSPPI”), as well as optimizing the management and development of projects under the Public-Private Partnership (“PPP”) and Asset Projects (“AP”) modalities.
In this context, LD 1712 provides for the following amendments:
- Investment monitoring and specialized support: It is clarified that the General Directorate of Policy for the Promotion of Private Investment of the Ministry of Economy and Finance (“MEF”) is responsible for providing guidance, monitoring, coordination, and simplification throughout all phases of PPP and AP projects.
- Functions of the Executive Presidency of PROINVERSIÓN: Functions are added to the Executive Presidency of PROINVERSIÓN, including the ratification of resolutions adopted by the Special Investment Committees approving the main milestones of PPP and AP projects whose Total Investment Cost does not exceed 300,000 UIT, subject to prior verification of the consistency of the process.
- Special Investment Committees: It is clarified that the Special Investment Committees report to the Board of Directors of PROINVERSIÓN (and not to the Executive Presidency of PROINVERSIÓN).
- Incorporation of projects into the promotion process: It is clarified that the Board of Directors of PROINVERSIÓN approves the incorporation of projects into the promotion process (and not the Executive Presidency of PROINVERSIÓN).
- National Registry of Public-Private Partnership Contracts: It is clarified that the General Directorate of Policy for the Promotion of Private Investment of the MEF is responsible for administering the National Registry of PPP Contracts (and not PROINVERSIÓN).
- Transfer of documentary records, assets, and personnel: The paragraph of the Sixth Final Complementary Provision ordering the MEF to transfer the documentary records corresponding to its “prior role” as the governing entity of the NSPPI is repealed.
The provisions introduced by LD 1712 have been in force since the day following its publication in the Official Gazette El Peruano.