Decree No. 33/2019/ND-CP management, use and operation of road transportation infrastructure assets

DECREE

Prescribing the management, use and operation of road transportation 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 Assets;

Pursuant to the November 13, 2008 Law on Road Traffic;

At the proposal of the Minister of Finance,

The Government promulgates the Decree prescribing the management, use and operation of road transportation infrastructure assets.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Decree prescribes the management, use and operation of road transportation infrastructure assets which are invested and managed by the State.

2. The management, use and operation of road transportation infrastructure assets which are invested and managed by organizations and individuals are not regulated by this Decree.

Article 2. Subjects of application

1. State management agencies in charge of road transportation.

2. Agencies assigned to manage road transportation infrastructure assets (below referred to as agencies assigned to manage the assets.

3. Agencies, units and enterprises assigned to use and operate road transportation infrastructure assets.

4. Other entities involved in the management, use and operation of road transportation infrastructure assets.

Article 3. Principles of management, use and operation of road transportation infrastructure assets

1. All road transportation infrastructure assets shall be assigned by the State to various entities for management and use in accordance with law.

2. The state management of road transportation infrastructure assets shall be performed in a unified manner, with clear assignment of competence and responsibilities to each state agency and coordination responsibilities among state agencies; and separation of the state management function of state agencies from business operations of enterprises.

3. The operation of road transportation infrastructure assets must comply with the market mechanism and ensure efficiency. The State shall encourage socialization to diversify resources for the preservation, development and operation of these assets.

4. Road transportation infrastructure assets shall be fully inventorized and recorded in kind and value; assets highly vulnerable to natural disasters, fires and other force majeure events shall be managed in terms of financial risks through insurance or other instruments in accordance with law.

5. The management, use and operation of road transportation infrastructure assets must be open and transparent; and shall be supervised, inspected and audited; all violations against the law on management and use of assets shall be promptly and strictly handled in accordance with law.

Chapter II

MANAGEMENT, USE AND OPERATION OF ROAD TRANSPORTATION INFRASTRUCTURE ASSETS

Section 1

MANAGEMENT OF ROAD TRANSPORTATION INFRASTRUCTURE ASSETS

Article 4. Road transportation infrastructure assets

1. Road transportation infrastructure assets (including attached land) include:

a/ Roads and auxiliary works attached to roads;

b/ Road bridges and auxiliary works attached to road bridges;

c/ Road tunnels and auxiliary works attached to road tunnels;

d/ Ferry terminals and auxiliary works attached to ferry terminals;