Decree No. 129/2017/ND-CP dated November 16, 2017 of the Government on prescribing the management, use and exploitation of hydraulic-work infrastructure assets

DECREE

Prescribing the management, use and exploitation of hydraulic-work infrastructure assets^[1]

Pursuant to the June 19, 2015 Law on Organization of the Government;

Pursuant to the June 21, 2017 Law on Management and Use of Public Property;

Pursuant to the June 19, 2017 Law on Hydraulic Work;

At the proposal of the Minister of Finance;

The Government promulgates the Decree prescribing the management, use and exploitation of hydraulic-work infrastructure assets.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree prescribes the management, use and exploitation of hydraulic-work infrastructure assets invested in or managed by the State.

Article 2. Subjects of application

1. State management agencies in charge of hydraulic work.

2. Agencies assigned to manage hydraulic-work infrastructure assets (below referred to as agencies assigned to manage assets).

3. Enterprises, grassroots hydraulic work organizations and individuals assigned to manage and exploit hydraulic-work infrastructure assets (below referred to as units exploiting hydraulic-work infrastructure assets).

4. Other related organizations and individuals.

Article 3. Interpretation of terms

1. Hydraulic-work infrastructure assets (including land attached to hydraulic works) invested in or managed by the State means public assets, including dams (hydraulic-work dams and their attached auxiliary works), reservoirs (including main dams, spillways, sluices, reservoir beds, intake sluices, discharge sluices, etc.), sluices, pumping stations, water delivery and transfer systems, embankments, and other auxiliary works serving hydraulic work management and exploitation (houses, stations, administration roads, monitoring devices, supplies warehouses and storing yards, land markers, and signboards).

2. Auxiliary works means works which serve the management, exploitation and protection of, and are not attached to, hydraulic works, including houses, stations, administration roads, monitoring devices, supplies warehouses and storing yards, land markers and signboards.

3. Agency assigned to manage assets means an agency that assists the Minister of Agriculture and Rural Development or a People’s Committee in performing the state management of hydraulic work.

4. Unit exploiting hydraulic-work infrastructure assets may be an enterprise, a grassroots hydraulic work organization or an individual that fully satisfies the conditions prescribed in the Law on Hydraulic Work and is assigned by the State to operate, exploit and protect hydraulic-work infrastructure assets.

5. Lease of the right to exploit hydraulic-work infrastructure assets means the State’s definite-term contractual transfer of the right to exploit assets to a unit exploiting hydraulic-work infrastructure assets for the latter to commercially operate hydraulic-work infrastructure and receive a corresponding remuneration.

6. Definite-term transfer of the right to exploit hydraulic-work infrastructure assets means the State’s definite-term contractual transfer of the right to exploit hydraulic-work infrastructure assets associated with upgrading and expanding them under an approved project to an eligible unit for exploiting the assets and receive remuneration.

Article 4. Principles of management, use and exploitation of hydraulic-work infrastructure assets

1. The State shall assign eligible entities to manage and exploit all of its invested or managed hydraulic-work infrastructure assets in accordance with law.

2. The state management of hydraulic-work infrastructure assets shall be performed in a unified manner, clearly defining the competence and responsibilities of state agencies and their coordination responsibility; and separating the state management function of state agencies from exploitation and business activities of units exploiting hydraulic-work infrastructure assets.

3. The State shall step by step accurately and fully calculate expenses for use and maintenance of hydraulic-work infrastructure assets and for exploitation of such assets under the market mechanism.

4. The State shall encourage the involvement of various sectors to diversify resources for the maintenance, development and exploitation of hydraulic-work infrastructure assets.

5. Hydraulic-work infrastructure assets shall be fully listed and accounted in kind and value; assets that are highly vulnerable to natural disasters, fire or other force majeure circumstances shall be managed in terms of financial risks through insurance or another instrument in accordance with law.

Click download to see the full text