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 otherforce majeureevents 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;

dd/ Weigh stations;

e/ Toll plazas;

g/ Car terminals;

h/ Parking lots;

i/ Road administration offices;

k/ Rest stops;

l/ Supplies warehouses;

m/ Intelligent transportation systems (ITS);

n/ Cleared and compensated road safety corridor land areas;

o/ Road traffic rescue and salvage centers;

p/ Other road transportation facilities as prescribed in the law on road traffic.

2. Road transportation infrastructure assets defined in Clause 1 of this Article which are related to national defense and security shall be determined in accordance with the law on protection of national security-related important works.

Article 5.Assignment of management of road transportation infrastructure assets

1. Road transportation infrastructure assets which are invested and managed by the State (not accounted as state capital in enterprises) shall be assigned to the agencies defined in Clause 2, Article 2 of this Decree for management. These agencies include:

a/ Central agency assigned to manage the assets, which assists the Minister of Transport in performing the function of specialized state management of road transportation (this agency shall perform the asset management function as decentralized by the Minister of Transport);

b/ Local agencies assigned to manage the assets, which assist the People’s Committees of provinces or centrally run cities (below referred to as provincial-level People’s Committees) in performing the function of specialized state management of road transportation; People’s Committees of districts, towns or provincial cities; and People’s Committees of communes, wards or townships.

2. The competence to assign the management of road transportation infrastructure assets referred to in Clause 1 of this Article is prescribed below:

a/ The Prime Minister shall decide to assign the management of road transportation infrastructure assets related to national defense and security, and of assets formed from projects in which investment has been decided by the Prime Minister at the proposal of the Minister of Transport or chairpersons of provincial-level People’s Committees and on the basis of opinions of other related agencies;

b/ The Minister of Transport shall decide to assign the management of centrally managed road transportation infrastructure assets other than those defined at Point a of this Clause;

c/ Chairpersons of provincial-level People’s Committees shall decide to assign the management of locally managed road transportation infrastructure assets other than those defined at Point a of this Clause.

3. A dossier of proposal for assignment of management of road transportation infrastructure assets must comprise:

a/ A written proposal of the agency to be assigned to manage the assets: 01 original;

b/ A written record of the asset inventory and classification or dossier on the handover of assets for use: 01 original;

c/ A list of assets proposed to be assigned for management (name, quantity, current state; cost price and residual book value): 01 original;

d/ Other related documents (if any): 01 copy each.

4. Order and procedures for assignment of management of road transportation infrastructure assets referred to in Clause 1 of this Article:

a/ Within 12 months from the effective date of this Decree (for existing assets) or 60 days from the date assets are completely constructed or procured and put into use (for assets to be formed after the effective date of this Decree), the Ministry of Transport or a provincial-level People’s Committee shall direct the agencies assigned to manage the assets to assume the prime responsibility for, and coordinate with the agencies or organizations that are managing and using the assets in, completing the inventory, classification and valuation of the assets, then compile a dossier of proposal for assignment of the management of the assets as prescribed in Clause 3 of this Article and report it to the Ministry of Transport or provincial-level People’s Committee. The funding for asset inventory and classification shall be allocated from the state budget in accordance with the law on the state budget;

b/ Within 30 days after receiving a complete and valid dossier, the Minister of Transport or the chairperson of the provincial-level People’s Committee shall consider and decide to assign the management of road transportation infrastructure assets according to his/her competence;

c/ For assets falling within the competence of the Prime Minister, within 15 days after receiving a complete and valid dossier, the Ministry of Transport or provincial-level People’s Committee shall send a document of consultation on the proposed assignment of asset management, enclosed with a copy of the dossier prescribed in Clause 3 of this Article, to related agencies.

Within 30 days after receiving a complete and valid dossier from the Ministry of Transport or provincial-level People’s Committee, related agencies shall give opinions on the proposed assignment of asset management according to their respective functions and tasks.

Within 15 days after receiving the opinions of related agencies, the Minister of Transport or provincial-level People’s Committee chairperson shall send a document of proposal on the assignment of asset management, enclosed with a copy of the dossier as prescribed in Clause 3 of this Article and opinions of related agencies, to the Prime Minister for consideration and decision;

d/ A decision on assignment of asset management must include the following principal details: name of agency assigned to manage the assets; list of assets assigned for management (name, quantity; current state; cost price, residual book value); and implementation responsibility;

dd/ Within 30 days after receiving the asset management assignment decision of a competent agency or person, the Ministry of Transport or provincial-level People’s Committee shall direct the completion of the handover and receipt of assets under its management according to regulations. The handover and receipt of assets shall be included in a record made according to Form No. 01 in the Appendix to this Decree.

Article 6.Management of road transportation infrastructure assets accounted as state capital in enterprises

1. The order and procedures for assignment of road transportation infrastructure assets to road infrastructure enterprises in the form of investment of state capital in enterprises must comply with the law on management and use of state capital invested in production and business in enterprises, specialized law on roads and relevant laws.

The Ministry of Transport and provincial-level People’s Committees shall consider and select a list of road transportation infrastructure assets and report it to competent agencies or persons as prescribed by law for decision on the asset management assignment in the form of investment of state capital in enterprises. The form of investment of state capital in enterprises is not applicable to road transportation infrastructure assets which are roads, road bridges, road tunnels, supplies warehouses and ITS defined at Points a, b, c, l and m, Clause 1, Article 4 of this Decree.

2. The management and use of road transportation infrastructure assets accounted as state capital in enterprises must comply with the law on management and use of state capital invested in production and business in enterprises, specialized law on roads and relevant laws.

3. The revaluation of road transportation infrastructure assets for accounting them as state capital in enterprises must comply with the law on management and use of state capital invested in production and business in enterprises, law on price and relevant laws.

Section 2

DOSSIERS OF MANAGEMENT AND RECORDING OF ROAD TRANSPORTATION INFRASTRUCTURE ASSETS

Article 7.Dossiers of management of road transportation infrastructure assets

1. Dossiers of management of road transportation infrastructure assets include:

a/ Dossiers related to the formation and change of road transportation infrastructure assets as prescribed in this Decree and relevant laws;

b/ Declaration reports; reports on the management, use and operation of road transportation infrastructure assets as prescribed in Article 26 of this Decree;

c/ Database on road transportation infrastructure assets as prescribed in Article 27 of this Decree.

2. Agencies assigned to manage road transportation infrastructure assets have the following responsibilities:

a/ To compile dossiers of road transportation infrastructure assets under their management;

b/ To manage and preserve all dossiers of road transportation infrastructure assets under their management and send reports to the Ministry of Transport, provincial-level People’s Committees and competent state agencies according to this Decree and relevant laws.

Article 8.Recording of road transportation infrastructure assets

1. Road transportation infrastructure assets which have an independent structure or constitute a system of interlinked component assets performing one or more certain function(s) shall be recorded in account books.

For a system which is assigned to different agencies for management, each agency shall record the asset part assigned to it in its own account books.

2. An agency assigned to manage road transportation infrastructure assets has the following responsibilities:

a/ To open account books for and record road transportation infrastructure assets (or summarize figures from detailed account books of agencies and units assigned with accounting work) in accordance with the accounting law and this Decree;

b/ To annually report increases and decreases in and calculate the wear and tear of road transportation infrastructure assets in accordance with law.

3. The cost prices and residual values of road transportation infrastructure assets shall be determined on the following principles:

a/ For road transportation infrastructure assets which are completed and put into use on or after the effective date of this Decree, their book values are the procurement values already finalized under regulations;

b/ For road transportation infrastructure assets which are newly built and put into use but their finalization statements have not been approved by competent agencies or persons, their cost prices shall be temporarily used for accounting. In this case, the cost prices temporarily used for accounting shall be selected in the following order of priority: value proposed for finalization; value recorded in the A-B pre-acceptance test record; and approved cost estimate of the project. When the project’s finalization statement is approved by a competent agency or person, the agency assigned to manage the assets shall adjust the recorded value according to accounting regulations;

c/ When road transportation infrastructure assets are upgraded or expanded according to projects approved by competent agencies or persons, after the finalization statements of such projects are approved, the finalized values of the projects shall be added to the values of the assets.

4. The accounting regime and calculation of the wear and tear of road transportation infrastructure assets must comply with the regulations of the Ministry of Finance.

Section 3

MAINTENANCE OF ROAD TRANSPORTATION INFRASTRUCTURE ASSETS

Article 9.Maintenance of road transportation infrastructure assets

1. Road transportation infrastructure assets shall be maintained in accordance with this Decree and relevant laws; such maintenance must comply with the order, procedures, plans and standards and norms to preserve the technical state of assets and ensure their normal and safe operation when in use or operation.

2. Forms of maintenance of road transportation infrastructure assets:

a/ Quality-based maintenance:

Quality-based maintenance is the maintenance according to pre-determined quality standards for a specified period with a specified sum of money determined in an economic contract.

Agencies assigned to manage the assets shall determine contractual maintenance expenses for each asset under their management, and report them to competent agencies or persons for approval. Contractual maintenance expenses for road transportation infrastructure assets shall be determined according to techno-economic norms for maintenance activities or average expenses of maintenance activities of 3 preceding years plus inflation (if any), or by combining both methods.

The criteria for supervision and pre-acceptance test of results of quality-based maintenance of road transportation infrastructure assets and determination of inflation must comply with the regulations of the Ministry of Transport.

b/ Volume-based maintenance:

Volume-based maintenance is the maintenance based on the actual workload performed. Volume-based maintenance is applied to periodical and extraordinary repairs of road transportation infrastructure assets.

3. The Minister of Transport or chairpersons of provincial-level People’s Committees shall decide on the application of the forms of maintenance prescribed at Points a and b, Clause 2 of this Article to each road transportation infrastructure asset maintenance activity in accordance with this Decree, the law on quality management and maintenance of construction works and relevant specialized laws, ensuring economy and efficiency.

4. The selection of organizations to maintain road transportation infrastructure assets in the forms specified in Clause 2 of this Article must comply with the bidding law, specialized law on road traffic and relevant laws.

5. Funding for the maintenance of road transportation infrastructure assets shall be allocated from the state budget in accordance with the law on the state budget and from other sources as prescribed by law, except:

a/ Road transportation infrastructure assets which have been accounted as state capital in enterprises;

b/ Road transportation infrastructure assets which the lessees of the right to operate are obliged to maintain in accordance with law and the signed contracts;

c/ Road transportation infrastructure assets which the transferees of the right to operate for a definite period are obliged to maintain in accordance with law and the signed contracts.

6. For the maintenance of road transportation infrastructure assets in the cases specified at Points a, b and c, Clause 5 of this Article, the selection of maintenance organizations and individuals and the organization of maintenance must comply with the law on road traffic, the law on construction and other relevant laws.

Article 10.Organization of the estimation of state budget funds for the maintenance of road transportation infrastructure assets

1. The order and procedures for the annual estimation and allocation of state budget funds for the maintenance of road transportation infrastructure assets must comply with the law on the state budget, specifically as follows:

a/ Based on the technical standards and regulations, techno-economic norms, workload to be performed, unit prices and maintenance plans approved by competent agencies or persons, agencies assigned to manage the assets shall prepare estimates of state budget funds for the maintenance of road transportation infrastructure assets (except the cases specified at Points a, b and c, Clause 5, Article 9 of this Decree), report them to their superior agencies (if any) before submission to the Ministry of Transport or provincial-level People’s Committees for consideration and inclusion in the annual state budget estimates in accordance with the law on the state budget;

b/ On the basis of the decisions on allocation of state budget estimates issued by competent agencies, the Ministry of Transport or provincial-level People’s Committees shall allocate state budget estimates for the maintenance of road transportation infrastructure assets to their subordinate agencies assigned to manage the assets;

c/ The agencies assigned to manage the assets shall organize the implementation of the state budget estimates for the maintenance of road transportation infrastructure assets in accordance with law.

2. The order and procedures for the elaboration and approval of 3-year and 5-year plans and budget estimates for the maintenance of road transportation infrastructure assets must comply with the regulations on 3-year finance-state budget plans and 5-year finance plans.

Section 4

OPERATION OF ROAD TRANSPORTATION INFRASTRUCTURE ASSETS

Article 11.Methods of and sources of revenues from the operation of road transportation infrastructure assets

1. Methods of operation of road transportation infrastructure assets:

a/ Operation of road transportation infrastructure assets by agencies assigned to manage the assets;

b/ Leasing the right to operate road transportation infrastructure assets;

c/ Transferring the right to operate road transportation infrastructure assets for a definite period.

In case of necessity to operate road transportation infrastructure assets by a method different from that specified at Point a, b or c of this Clause, the Ministry of Transport shall assume the prime responsibility for, and coordinate with the Ministry of Finance and related agencies in, drawing up a scheme on operation of road transportation infrastructure assets, and submit it to the Prime Minister for consideration and decision.

2. Sources of revenues from the operation of road transportation infrastructure assets include:

a/ Charges in accordance with the law on charges and fees;

b/ Proceeds from the prices of services of use of road transportation infrastructure assets and other revenues from the provision of services in accordance with law;

c/ Proceeds from the lease or definite-term transfer of the right to operate road transportation infrastructure assets in accordance with this Decree, in case of such lease or transfer;

d/ Other revenues (if any) in accordance with law.

3. For road transportation infrastructure assets serving public purposes to which the operation methods specified in Clauses 1 and 2 of this Article are not applied, agencies assigned to manage the assets shall manage and use these assets under regulations; and are not required to draw up their operation schemes for submission to competent agencies or persons for approval as prescribed in this Section. The Minister of Transport or chairpersons of provincial-level People’s Committees shall, at the proposal of agencies assigned to manage the assets, decide on the list of road transportation infrastructure assets serving public purposes under their respective management to which the operation methods specified in Clauses 1 and 2 of this Article are not applied.

Article 12.Operation of road transportation infrastructure assets by agencies assigned to manage the assets

1. Agencies assigned to manage the assets may directly organize the operation of these assets in the following cases:

a/ The assets are related to national defense or security;

b/ Their operation of the assets is more effective than the methods specified at Points b and c, Clause 1, Article 11 of this Decree;

c/ There is no agency registering to operate the assets according to the methods specified at Points b and c, Clause 1, Article 11 of this Decree.

2. Competence to approve road transportation infrastructure asset operation schemes:

a/ The Prime Minister shall approve operation schemes for the road transportation infrastructure assets related to national defense or security, assets formed from projects in which investment has been decided by the Prime Minister under regulations at the proposal of the Minister of Transport or chairpersons of provincial-level People’s Committees and on the basis of opinions of related agencies;

b/ The Minister of Transport shall approve operation schemes for centrally managed road transportation infrastructure assets other than those specified at Point a of this Clause;

c/ Chairpersons of provincial-level People’s Committees shall approve operation schemes for locally managed road transportation infrastructure assets other than those specified at Point a of this Clause.

3. A dossier of request for approval of a road transportation infrastructure asset operation scheme must comprise:

a/ A written request for approval of the asset operation scheme: 1 original;

b/ The asset operation scheme, made according to Form No. 07 in the Appendix to this Decree: 1 original;

c/ Other related documents (if any): 1 copy each.

4. Formulation and approval of road transportation infrastructure asset operation schemes:

a/ The agency assigned to manage the assets shall compile 1 dossier of request for approval of an asset operation scheme as required in Clause 3 of this Article and report it to the superior agency (if any) for submission to the Ministry of Transport or provincial-level People’s Committee;

b/ Within 30 days after receiving a complete and valid dossier, the Minister of Transport or chairperson of the provincial-level People’s Committee shall consider and approve the asset operation scheme according to his/her competence, or issue a written notice in case the scheme is unsatisfactory;

c/ Within 15 days after receiving a complete and valid dossier, the Ministry of Transport or provincial-level People’s Committee shall send a document, enclosed with a copy of the dossier prescribed in Clause 3 of this Article, to related agencies for opinion on the asset operation scheme under regulations, for assets falling within the approving competence of the Prime Minister.

Within 30 days after receiving a complete and valid dossier from the Ministry of Transport or provincial-level People’s Committee, related agencies shall give opinions on the asset operation scheme according to their respective functions and tasks.

Within 15 days after receiving opinions from related agencies, the Minister of Transport or chairperson of the provincial-level People’s Committee shall issue a written proposal enclosed with a copy of the dossier prescribed in Clause 3 of this Article and opinions of related agencies, to the Prime Minister for consideration and approval of the asset operation scheme, or for written direction in case the scheme is unsatisfactory.

5. After the road transportation infrastructure asset operation scheme is approved, the agency assigned to manage the assets shall organize the operation of the assets according to the scheme and law.

Article 13.Lease of the right to operate road transportation infrastructure assets

1. Lease of the right to operate road transportation infrastructure assets is the transfer by the State of the right to operate road transportation infrastructure assets to road transportation infrastructure asset enterprises for a certain period specified in a contract in order to receive a sum of money.

2. The lease of the right to operate road transportation infrastructure assets is applied to road transportation infrastructure assets already constructed, including:

a/ Car terminals, parking lots, road administration offices and rest stops;

b/ Technical infrastructure facilities being wire and cable lines, pipelines and other works installed beneath the roads and within the road safety corridors in accordance with law.

3. Competence to approve schemes on the lease of the right to operate road transportation infrastructure assets:

a/ The Prime Minister shall approve schemes on the lease of the right to operate road transportation infrastructure assets related to national defense or security and assets formed from projects in which investment has been decided by the Prime Minister at the proposal of the Minister of Transport or chairpersons of provincial-level People’s Committees and on the basis of opinions of the Ministry of Finance and related agencies;

b/ The Minister of Transport shall approve on schemes on the lease of the right to operate centrally managed road transportation infrastructure assets other than those specified at Point a of this Clause, after consulting the Ministry of Finance and related agencies;

c/ Chairpersons of provincial-level People’s Committees shall approve schemes on the lease of the right to operate locally managed road transportation infrastructure assets other than those specified at Point a of this Clause at the proposal of local agencies assigned to manage the assets and on the basis of opinions of the provincial-level finance agency and related agencies.

4. A dossier of request for approval of a scheme on the lease of the right to operate road transportation infrastructure assets must comprise:

a/ A written request for approval of the scheme: 1 original;

b/ The scheme, made according to Form No. 07 in the Appendix to this Decree: 1 original;

c/ Other related documents (if any): 1 copy each.

5. Formulation and approval of schemes on the lease of the right to operate road transportation infrastructure assets:

a/ The agency assigned to manage the assets shall compile a dossier of request for approval of a scheme on the lease of the right to operate the assets as required in Clause 4 of this Article and report it to the superior agency (if any) for submission to the Ministry of Transport or provincial-level People’s Committee;

b/ Within 15 days after receiving a complete and valid dossier, the Ministry of Transport or provincial-level People’s Committee shall send a document, enclosed with a copy of the dossier prescribed in Clause 4 of this Article, to related agencies for opinion on the scheme on the lease of the right to operate road transportation infrastructure assets;

c/ Within 30 days after receiving a complete and valid dossier from the Ministry of Transport or provincial-level People’s Committee, related agencies shall give opinions on the completeness and validity of the dossier; necessity and rationality of the scheme compared to the functions and tasks of the lessee and provisions of the law on management and use of public assets, specialized law on  road traffic and relevant laws; the rationality of the grounds for and method of setting the price of the lease of the right to operate the assets; and contents in the scheme which need to be modified;

d/ Within 15 days after receiving opinions from related agencies, the Minister of Transport or chairperson of the provincial-level People’s Committee shall direct the agency assigned to manage the assets to assimilate these opinions and revise and finalize the scheme, or issue a written direction in case the scheme is unsatisfactory;

The Minister of Transport or chairperson of the provincial-level People’s Committee shall consider and approve the scheme according to his/her competence or send a written request enclosed with a copy of the dossier prescribed in Clause 4 of this Article and opinions of related agencies, to the Prime Minister for consideration and approval of the scheme according to his/her competence.

6. After the scheme on the lease of the right to operate road transportation infrastructure assets is approved, the Ministry of Transport or provincial-level People’s Committees shall direct the organization of an auction to select enterprises to lease the right to operate the assets in accordance with the law on auction and the signing of the contract on the lease of the right to operate the assets in accordance with law.

Enterprises participating in the auction must satisfy the conditions on capacity and experience in the road transportation infrastructure business as prescribed by the specialized law on road traffic and relevant laws.

7. A contract on the lease of the right to operate road transportation infrastructure assets must contain the following principal details:

a/ Information about the lessor;

b/ Information about the lessee;

c/ A list of the assets which the right to operate is leased;

d/ The period of the lease; price of the lease; method and timetable of payment and other necessary details related to the payment of the lease price;

dd/ Rights and obligations of the contracting parties as prescribed in Clauses 8 and 9 of this Article;

e/ Implementation responsibility.

8. Rights of the lessees of the right to operate road transportation infrastructure assets:

a/ To directly operate road transportation infrastructure assets according to law and the signed contract;

b/ To decide on the methods and measures to operate the assets in accordance with the law on road traffic;

c/ To have their lawful rights and interests protected by the State; to file complaints and lawsuits in accordance with law when their rights or interests are infringed upon;

d/ To collect prices of services of use of road transportation infrastructure assets and other revenues related to the provision of services in accordance with law and the signed contract;

dd/ To exercise other rights of the lessees as prescribed by law.

9. Obligations of the lessees of the right to operate road transportation infrastructure assets:

a/ To preserve the leased assets (including attached land); to prevent any loss and encroachment and other violations in accordance with law;

b/ To use and operate the leased assets for proper purposes; to refrain from transferring, selling, donating, mortgaging or contributing as capital the assets;

c/ To maintain the assets according to technical requirements and the signed contract;

d/ To fully pay the price of the lease of the right to operate the assets on schedule as stated in the signed contract; to pay a late-payment fine in case of non-payment or insufficient payment of the price of the lease under the signed contract; the late-payment fine must comply with the law on tax administration. The agency assigned to manage the assets shall make a written request enclosed with a copy of the contract and payment documents (if any) of the lessee and send them to the Tax Department of the locality where the assets are located for the latter to issue a notice of the late-payment fine in accordance with the law on tax administration;

dd/ To submit to the inspection and supervision by the lessor; together with the lessor to settle any arising problems;

e/ To return the assets upon the expiration of the contract and in the cases specified in Clause 10 of this Article;

g/ Periodically or upon request as stated in the signed contract, to notify the state of the assets to the agency assigned to manage the assets, ensuring safe and smooth road transportation;

h/ To perform other obligations of the lessee in accordance with law and the signed contract.

10. During the term of the contract on the lease of the right to operate road transportation infrastructure assets, in case the lessee voluntarily returns the assets or breaches the contract or the State recovers the assets for national defense or security purposes and the national or public interests, the rights and obligations (if any) of the related parties shall be handled in accordance with the civil law, relevant laws and the signed contract.

Article 14.Transfer of the right to operate road transportation infrastructure assets for a definite period

1. Transfer of the right to operate road transportation infrastructure assets for a definite period is the transfer by the State of the right to operate for a certain period in connection with the investment in the upgrading and expansion of the existing assets under a project approved by a competent agency or person in order to receive a sum of money as contracted.

2. The Prime Minister shall approve schemes on the transfer of the right to operate road transportation infrastructure assets for a definite period at the proposal of the Minister of Transport or chairpersons of provincial-level People’s Committees and on the basis of opinions of the Ministry of Finance and related agencies.

3. The transfer of road transportation infrastructure assets for a definite period shall be carried out through auction. The criteria for selecting enterprise eligible to participate in an auction include:

a/ Capacity and experience of enterprises in road transportation infrastructure investment and business as prescribed in the specialized law on road traffic and relevant laws;

b/ Financial capacity to carry out investment projects as prescribed by law.

4. The period of transfer of the right to operate road transportation infrastructure assets shall be specified in each transfer contract, but must not exceed 50 years.

5. A dossier of request for approval of a scheme on the transfer of the right to operate road transportation infrastructure assets must comprise:

a/ A written request for approval of the scheme: 1 original;

b/ The scheme, made according to Form No. 07 in the Appendix to this Decree: 1 original;

c/ Other related documents (if any): 1 copy each.

6. Formulation and approval of schemes on the transfer of the right to operate road transportation infrastructure assets for a definite period:

a/ The agency assigned to manage the assets shall compile 1 dossier of request for approval of a scheme on the transfer of the right to operate the assets for a definite period as required in Clause 5 of this Article and report it to the superior agency (if any) for submission to the Ministry of Transport or provincial-level People’s Committee;

b/ Within 15 days after receiving a complete and valid dossier, the Ministry of Transport or provincial-level People’s Committee shall send a document, enclosed with a copy of the dossier prescribed in Clause 5 of this Article, to the Ministry of Finance and related agencies for opinions on the scheme;

c/ Within 30 days after receiving a complete and valid dossier from the Ministry of Transport or provincial-level People’s Committee, related agencies shall give opinions on the completeness and validity of the dossier; necessity and rationality of the scheme compared to the functions and tasks of the lessee and provisions of the law on management and use of public assets, specialized law on  road traffic and relevant laws; the rationality of the grounds for and method of setting the transfer price; and contents in the scheme which need to be modified;

d/ Within 15 days after receiving opinions from related agencies, the Ministry of Transport or provincial-level People’s Committee shall direct the agency assigned to manage the assets to assimilate these opinions and revise and finalize the scheme, or issue a written direction in case the scheme is unsatisfactory;

dd/ The Minister of Transport or chairperson of the provincial-level People’s Committee shall consider and send a written request enclosed with a copy of the dossier prescribed in Clause 5 of this Article and opinions of related agencies, to the Prime Minister for consideration and approval of the scheme according to his/her competence;

e/ After the scheme on the transfer of the right to operate road transportation infrastructure assets for a definite period is approved by the Prime Minister, the Ministry of Transport or provincial-level People’s Committees shall direct the organization of an auction to select enterprises to acquire the right to operate the assets in accordance with Clause 3 of this Article and the signing of the transfer contract in accordance with law.

7. A contract on the transfer of the right to operate road transportation infrastructure assets for a definite period must have the following principal details:

a/ Information about the transferor;

b/ Information about the transferee;

c/ A list of the assets which the right to operate is transferred;

d/ The transfer period; price of the transfer; method of payment; work items to be invested and upgraded under approved projects and other necessary details;

dd/ Condition for contract modification: When revenues from the operation of road transportation infrastructure assets in the transfer period increase or decrease over 10%/year for 3 consecutive years;

e/ The rights and obligations of the contracting parties as prescribed in Clauses 9 and 10 of this Article;

g/ Implementation responsibility.

8. Within 90 days after signing the contract on the transfer of the right to operate the assets, the transferee shall pay the transfer money to the agency assigned to manage the assets under the contract. Within 3 working days after receiving the transfer money, the agency assigned to manage the assets shall deposit it into the temporary custody account.

Past the time limit prescribed in this Clause, if the transferee fails to pay or fully pay the transfer money as stated in the transfer contract, it shall pay a  late-payment fine; the late payment fine must comply with the law on tax administration. The agency assigned to manage the assets shall make a written request enclosed with a copy of the contract and payment documents (if any) of the lessee and send them to the Tax Department of the locality where the assets are located for the latter to issue a notice of the late payment fine in accordance with the law on tax administration.

The specific time for payment and the regulations on payment of late-payment fine shall be clearly stated in the auction rules and the contracts on the transfer of the right to operate road transportation infrastructure assets for a definite period.

9. Rights of enterprises acquiring the right to operate road transportation infrastructure assets for a definite period:

a/ To use and commercially operate road transportation infrastructure assets under the signed contract;

b/ To enjoy investment incentives in accordance with the investment law and other relevant laws;

c/ To use the invested assets and the right to operate the assets for raising capital in accordance with law;

d/ To collect charges and prices of services of use of road transportation infrastructure assets and other revenues related to the provision of services (corresponding to the value of investment in the upgrading and expansion of the assets under decisions of competent authorities) in accordance with law and the signed contract;

dd/ To file complaints and lawsuits in accordance with law when their rights and interests are infringed upon;

e/ To exercise other rights of the transferee as prescribed by law.

10. Obligations of enterprises acquiring the right to operate road transportation infrastructure assets for a definite period:

a/ To invest in the transferred projects in conformity with approved master plans, ensuring their schedule and quality;

b/ To maintain the assets according to technical requirements and other requirements under the signed contract;

c/ Periodically or upon request, to notify the state of the assets to the agency assigned to manage the assets, ensuring the safe and smooth road transportation;

d/ To take responsibility before law for breaches of the signed contract;

dd/ To perform other obligations of the transferee in accordance with law and the signed contract.

Article 15.Prices of the lease or definite-term transfer of the right to operate road transportation infrastructure assets

1. The price of the lease or definite-term transfer of the right to operate road transportation infrastructure assets is an amount of money an enterprise that is leased or acquires the right to operate road transportation infrastructure assets for a definite period has to pay to the State for the use and operation of the assets under a signed contract.

2. The reserve price for the auction of the lease of the right to operate road transportation infrastructure assets shall be determined based on:

a/ The market price of the lease of assets of the same type or technical standards and quality at the time of lease and for similar lease purposes;

b/ Estimated revenues from and expenses for the operation of the assets during the lease period in case there are no assets for comparison according to Point a of this Clause.

3. The reserve price for the auction of the transfer of the right to operate road transportation infrastructure assets for a definite period shall be determined on the basis of the residual value of the assets at the time of transfer as reassessed, the transportation flow (for roads), the remaining time for calculation of the wear and tear of the assets, the value of additional investment, and estimated revenues from and expenses for the operation of the assets during the transfer period.

4. The Minister of Transport and chairpersons of provincial-level People’s Committees shall consider and decide on the reserve prices for the auction of the lease or definite-term transfer of the right to operate road transportation infrastructure assets under their respective management prescribed in Clauses 2 and 3 of this Article.

5. For land-attached road transportation infrastructure assets not used for business or service purposes, the price of the lease or definite-term transfer of the right to use such assets must not include land rentals.

For land-attached road transportation infrastructure assets used for business and service purposes, the price of the lease or definite-term transfer of the right to use such assets must include land rentals.

6. The determination of the reserve prices for the auction of the lease or definite-term transfer of the right to operate road transportation infrastructure assets must follow the guidance of the Ministry of Finance.

Article 16.Use of land to generate funds for road transportation infrastructure asset development

1. The use of land to generate funds for road transportation infrastructure asset development must comply with Article 118 of the Law on Management and Use of Public Assets and the land law.

2. The use of land to generate funds for road transportation infrastructure asset development is the application by the State of the mechanism of recovering adjacent land areas outside the land areas earmarked for investment projects to build road infrastructure works in order to generate funds for road transportation infrastructure asset development.

a/ The use of land to generate funds for road transportation infrastructure asset development is encouraged for investment projects to build, upgrade and expand roads in conformity with urban development or rural residential quarter master plans;

b/ For investment projects to build, upgrade or expand roads outside the land areas specified at Point a of this Clause or other road transportation infrastructure assets being car terminals and parking lots, based on the practical conditions, competent agencies or persons defined in Clause 4 of this Article shall decide on the use of land to generate funds for road transportation infrastructure asset development.

3. The use of adjacent land areas outside the land areas earmarked for projects to generate funds for road transportation infrastructure asset development must comply with the land law and law on property auction.

4. Agencies assigned to manage the assets shall draw up land use schemes and report them to their superior agencies (if any) for submission to the Ministry of Transport or provincial-level People’s Committees:

a/ The Ministry of Transport shall consult the Ministry of Finance and related agencies on schemes on the use of land to generate funds for development of road transportation infrastructure assets under its management before reporting them to the Prime Minister for consideration and approval;

b/ Provincial-level People’s Committees shall approve schemes on the use of land to general funds for development of road transportation infrastructure assets under their management after consulting provincial-level People’s Councils.

5. Principal details of a land use scheme:

a/ Grounds and necessity of the scheme;

b/ Land area expected to be used;

c/ Form of land use;

d/ Total investment in the project to build road infrastructure;

dd/ Projected expenses for land clearance and compensation in accordance with the law on compensation, support and resettlement upon land recovery by the State;

e/ Projected proceeds from the land use in accordance with the land law;

g/ Plan on the management and use of proceeds from the land use;

h/ Other information related to the land use;

i/ Implementation responsibility.

6. Provincial-level People’s Committees (of the localities where the land areas to be used to generate funds are located) have the following responsibilities:

a/ To recover the adjacent land areas outside the land areas earmarked for investment projects to build road transportation infrastructure works according to the approved schemes;

b/ To approve or decentralize the competence to approve compensation, support and resettlement plans for the recovered land areas stated at Point a of this Clause in accordance with the land law;

c/ To direct the compensation, support and resettlement with regard to the recovered land areas;

d/ To approve and publicly announce the detailed zoning plans for the land areas used to generate funds;

dd/ To perform other related tasks.

Article 17.Management and use ofproceeds from theoperation of road transportation infrastructure assets and use of land to generate funds for road transportation infrastructure asset development

1. In case the agencies assigned to manage the assets directly operate these assets under Article 12 of this Article:

a/ The proceeds from the operation of the assets which are the charges prescribed at Point a, Clause 2, Article 11 of this Decree shall be managed and used in accordance with the law on charges and fees, law on the state budget and relevant laws;

b/ The proceeds from the operation of the assets which are collected prices of the use and provision of services prescribed at Point b, Clause 2, Article 11 of this Decree shall be managed and used in accordance with the financial mechanism applicable to these agencies.

2. In case of operation of road transportation infrastructure assets under Articles 13 and 14 of this Decree and use of land areas attached to road infrastructure under Article 16 of this Decree:

a/ The proceeds from the lease or definite-term transfer of the right to operate road transportation infrastructure assets and use of land areas attached to road infrastructure shall be deposited in the temporary custody accounts at the State Treasury which are held by:

The agencies assigned to perform asset management tasks defined in Clause 1, Article 19 of the Law on Management and Use of Public Assets, for assets with operation schemes approved by the Prime Minister; or,

Provincial-level Departments of Finance of the localities where the agencies assigned to manage the assets are headquartered, for assets with operation schemes approved by the Minister of Transport or chairpersons of provincial-level People’s Committees.

b/ Expenses related to the operation of road transportation infrastructure assets and use of land areas attached to road infrastructure shall be estimated and approved by the Ministry of Transport (for centrally managed assets) or provincial-level People’s Committees (for locally managed assets), including:

Expenses for inventory and determination of reserve prices, organization of auction and other related expenses in case of lease or definite-term transfer of the right to operate road transportation infrastructure assets prescribed in Article 13 or 14 of this Decree;

Expenses related to the use of land areas prescribed in Article 16 of this Decree;

c/ The estimation of expenses; the order and procedures for payment of expenses related to the operation of road transportation infrastructure assets and use of land areas attached to road infrastructure must comply with Article 25 of this Decree;

d/ On a quarterly basis, the holders of the temporary custody accounts shall remit the balance of the revenues collected from the operation after subtracting expenses into the state budget in accordance with the law on the state budget;

dd/ The amount of money remitted into the state budget shall be primarily arranged for public investment plans and state budget estimates for investment in the building, upgrading, renovation and development of road transportation infrastructure assets in accordance with the law on the state budget, law on public investment and relevant laws.

Section 5

HANDLING OF ROAD TRANSPORTATION INFRASTRUCTURE ASSETS

Article 18.Forms of handling of road transportation infrastructure assets

1. Recovery of assets.

2. Transfer of assets.

3. Sale of assets.

4. Use of assets for payment to investors of projects to build works under build-operate contracts.

5. Liquidation of assets.

6. Handling of assets in case of loss or destruction.

7. Other forms as prescribed by law.

Article 19.Recovery of road transportation infrastructure assets

1. Road transportation infrastructure assets may be recovered in the following cases:

a/ There are changes in relevant master plans and management decentralization;

b/ The assets have been assigned to improper entities, used for improper purposes, or are lent;

c/ The assets have been illegally sold, leased, donated, mortgaged, contributed as capital to joint ventures or partnerships;

d/ The assets have been assigned but are no longer needed or are operated ineffectively;

dd/ Other cases as prescribed by law.

2. Competence to decide on the recovery of road transportation infrastructure assets:

a/ The Prime Minister shall decide on the recovery of road transportation infrastructure assets related to national defense or security at the proposal of the Minister of Transport or chairpersons of provincial-level People’s Committees;

b/ The Minister of Finance shall decide on the recovery of centrally managed land-attached road transportation infrastructure assets other than those referred to at Point a of this Clause at the proposal of the Minister of Transport;

c/ The Minister of Transport shall decide on the recovery of centrally managed road transportation infrastructure assets other than those referred to at Points a and b of this Clause;

d/ Chairpersons of provincial-level People’s Committees shall decide on the recovery of locally managed road transportation infrastructure assets other than those referred to at Point a of this Clause.

3. Recovered road transportation infrastructure assets shall be handled in the following forms:

a/ They shall be assigned for management under Article 5 of this Decree;

b/ They shall be transferred under Article 20 of this Decree;

c/ They shall be sold under Article 21 of this Decree.

4. A dossier of request for recovery of road transportation infrastructure assets must comprise:

a/ A written request of the agency assigned to manage the assets: 1 original;

b/ A list of assets requested to be recovered, made according to Form No. 06 in the Appendix to this Decree: 1 original;

c/ Other related documents (if any): 1 copy each.

5. Order and procedures for recovery of road transportation infrastructure assets in case of voluntary return of assets:

a/ The agency assigned to manage the assets shall compile a dossier of request for recovery of the assets as prescribed in Clause 4 of this Article and report it to the superior agency (if any) for submission to the Ministry of Transport or provincial-level People’s Committee;

b/ Within 30 days after receiving a complete and valid dossier, the Minister of Transport or chairperson of the provincial-level People’s Committee shall consider and decide on the recovery according to his/her competence or report the case to the competent agency or person defined at Point a or b, Clause 2 of this Article for consideration and decision;

c/ A decision on the recovery of road transportation infrastructure assets must contain the following principal details: name of the agency assigned to manage the assets to be recovered; name of the agency assigned to implement the asset recovery decision; list of assets to be recovered (name of asset; quantity; cost price; residual book value); reason for recovery; and implementation responsibility;

d/ After receiving the asset recovery decision from the competent agency or person, the agency assigned to implement the decision shall organize the receipt of the assets; make a plan on the handling of the recovered assets under Clause 3 of this Article; organize the handling of the assets under the plan approved by a competent agency or person under regulations; and organize the preservation and protection of the assets pending the handling thereof.

6. Order and procedures for recovery of road transportation infrastructure assets in cases other than those prescribed in Clauses 5 and 7 of this Article:

a/ On the basis of the proposal of the agency with the inspection, examination, audit or administrative violation-sanctioning function or other state management agencies, the Minister of Transport or chairperson of the provincial-level People’s Committee shall consider and decide on the recovery of the assets according to his/her competence or report the case to the competent agency or person defined in Clause 2 of this Article for consideration and decision;

b/ The principal details of the asset recovery decision and responsibilities of related agencies must comply with Points c and d, Clause 5 of this Article.

7. In case the road transportation infrastructure assets are attached to the land to be recovered in accordance with the land law, before making decision to recover the land areas attached to road transportation infrastructure assets, the agency or person competent to recover land as prescribed by law shall send a document to the Ministry of Finance (for centrally managed assets) or provincial-level Department of Finance (for locally managed assets) for opinion. The Ministry of Finance or provincial-level Department of Finance shall assume the prime responsibility for, and coordinate with related agencies in, giving opinions on the plan on the recovery of the land area attached to road transportation infrastructure assets.

The document for opinion must clearly state the reason for the recovery of the land area, the land area to be recovered, the conformity of the land recovery plan with the land use master plan and plan already approved by a competent agency or person, and other necessary information.

Article 20.Transfer of road transportation infrastructure assets

1. Road transportation infrastructure assets may be transferred in the following cases:

a/ When there are changes in managing agencies, decentralization of management, master plans, or classification of assets;

b/ The assigned assets are no longer needed or are operated ineffectively;

c/ Other cases as prescribed by law.

2. Competence to decide on the transfer of road transportation infrastructure assets:

a/ The Prime Minister shall decide on the transfer of road transportation infrastructure assets from agencies assigned to manage the assets (at central and local levels) to enterprises for management in the form of investment of state capital in enterprises and assets related to national defense or security at the proposal of the Minister of Transport, chairpersons of provincial-level People’s Committees, Minister of Finance, and related agencies;

b/ The Minister of Finance shall decide on the transfer of road transportation infrastructure assets other than those referred to at Point a of this Clause between the Ministry of Transport and other ministries and central agencies and provincial-level People’s Committees and among provinces and centrally run cities at the proposal of the Minister of Transport and chairpersons of related provincial-level People’s Committees;

c/ The Minister of Transport shall decide on the transfer of road transportation infrastructure assets other than those referred to at Point a of this Clause among agencies and units under his/her management;

d/ Chairpersons of provincial-level People’s Committees shall decide on the transfer of road transportation infrastructure assets other than those referred to at Point a of this Clause among agencies and units under local management.

3. A dossier of request for transfer of road transportation infrastructure assets must comprise:

a/ A written request for asset transfer made by the agency assigned to manage the assets: 1 original;

b/ A written request for asset receipt made by an agency or enterprise: 1 original; in case of asset transfer as a result of management decentralization or change in a relevant master plan, this request is not required;

c/ A list of assets requested to be transferred, made according to Form No. 06 in the Appendix to this Decree (clearly stating the current use purpose and the expected use purpose after transfer in case of transfer involving the change of the use of the assets): 1 original;

d/ Document on the change of the use of the assets (in case of transfer involving the change of the use of the assets): 1 copy;

dd/ Other related documents (if any): 1 copy each.

4. Order and procedures for transfer of road transportation infrastructure assets:

a/ When there are road transportation infrastructure assets in need of transfer, the agency assigned to manage the assets shall compile 1 dossier of request for asset transfer as prescribed in Clause 3 of this Article and report it to the superior agency (if any) for submission to the Ministry of Transport or provincial-level People’s Committee;

b/ Within 30 days after receiving a complete and valid dossier, the Minister of Transport or chairperson of the provincial-level People’s Committee shall consider and decide on the transfer according to his/her competence or issue a written reply if the transfer request is not appropriate;

The Ministry of Transport or provincial-level People’s Committee shall consult related agencies on the asset transfer under regulations before reporting it to the competent agency or person defined at Point a or b, Clause 2 of this Article for consideration and decision or for issuance of a written reply in case the transfer request is not appropriate;

c/ A decision on the transfer of road transportation infrastructure assets must contain the following principal details: name of the agency assigned to manage the assets to be transferred; name of the agency or enterprise receiving the assets; list of assets to be transferred (name of asset; quantity; state; cost price, residual book value; current use purpose and expected use purpose after transfer in case of transfer involving the change of the use of the assets); reason for transfer; and implementation responsibility;

d/ Within 30 days after receiving the asset transfer decision from the competent agency or person, the agency possessing and the agency or enterprise receiving the assets shall organize the handover and receipt of the assets and make a handover record according to Form No. 01 in the Appendix to this Decree; record the asset increase or decrease according to the current accounting regulations; register the ownership of or the right to use the assets in accordance with law (if applicable);  and report on any asset changes under Article 26 of this Decree;

dd/ Reasonable expenses directly related to the asset handover and receipt shall be paid by the asset recipient under regulations;

e/ No payment shall be made for the value of transferred assets.

Article 21.Sale of road transportation infrastructure assets

1. Road transportation infrastructure assets may be sold in the following cases:

a/ The assets are recovered under Article 19 of this Decree but are no longer needed;

b/ The assigned assets are no longer needed and are operated ineffectively;

c/ The land use purpose is changed together with changing the use of the road transportation infrastructure assets according to the master plan approved by a competent agency or person;

d/ Other cases as prescribed by law.

2. Competence to decide on the sale of road transportation infrastructure assets:

a/ The Prime Minister shall decide on the sale of road transportation infrastructure assets related to national defense or security and assets formed from projects in which the investment has been decided by the Prime Minister at the proposal of the Minister of Transport or chairpersons of provincial-level People’s Committees and on the basis of opinions of the Ministry of Finance and related agencies;

b/ The Minister of Finance shall decide on the sale of centrally managed land-attached road transportation infrastructure assets other than those referred to at Point a of this Clause at the proposal of the Ministry of Transport and on the basis of opinions of related agencies;

c/ The Minister of Transport shall decide on the sale of centrally managed road transportation infrastructure assets other than those referred to at Points a and b of this Clause;

d/ Chairpersons of provincial-level People’s Committees shall decide on the sale of locally managed road transportation infrastructure assets other than those referred to at Point a of this Clause.

3. The sale of road transportation infrastructure assets must comply with the law on property auction.

4. A dossier of request for sale of road transportation infrastructure assets must comprise:

a/ A written request for asset sale made by the agency assigned to manage the assets: 1 original;

b/ A list of assets requested to be sold, made according to Form No. 06 in the Appendix to this Decree (clearly stating the reason for sale and current use purpose): 1 original;

c/ Other related documents (if any): 1 copy each.

5. Order and procedures for sale of road transportation infrastructure assets:

a/ When there are road transportation infrastructure assets in need of sale, the agency assigned to manage the assets shall compile 1 dossier of request for asset sale as prescribed in Clause 4 of this Article and report it to the superior agency (if any) for submission to the Ministry of Transport or provincial-level People’s Committee;

b/ Within 30 days after receiving a complete and valid dossier, the Minister of Transport or chairperson of the provincial-level People’s Committee shall consider and decide on the sale of assets according to his/her competence or issue a written reply if the sale request is not appropriate;

The Ministry of Transport or provincial-level People’s Committee shall consult related agencies on the asset sale under regulations before reporting it to the competent agency or person defined at Point a or b, Clause 2 of this Article for consideration and decision or for issuance of a written direction in case the sale request is not appropriate;

c/ A decision on the sale of road transportation infrastructure assets must contain the following principal details: name of the agency assigned to manage the assets that possesses assets for sale; list of assets to be sold (name of asset; quantity; cost price, residual book value); sale method; management and use of the proceeds from the sale; and implementation time and responsibility;

d/ After receiving the asset sale decision from the competent agency or person, the agency assigned to manage the assets shall organize the determination of reserve prices for auction and submit them to the Minister of Transport or chairperson of the provincial-level People’s Committee for approval, and organize the sale of the assets under regulations;

dd/ Within 90 days after signing the asset purchase and sale contract, the purchaser shall pay the money for the assets to the agency assigned to manage the assets under the contract. Within 3 working days after receiving such money, the agency assigned to manage the assets shall deposit it in the temporary custody account.

Past the time limit stated at this Point, if the purchaser fails to pay or fully pay the money for the assets under the signed contract, he/she/it shall pay a late-payment fine at a level prescribed by the law on tax administration. The agency assigned to manage the assets shall send a written request enclosed with a copy of the asset purchase and sale contract and supporting documents on the payment of the successful bidder (if any) to the Tax Department (of the locality where the assets are located) for determination and issuance of a notice of the late-payment fine in accordance with the law on tax administration.

The specific time limit for payment of and the regulation on late-payment fine shall be clearly stated in the auction rules and asset purchase and sale contracts;

e/ The agency assigned to manage the assets shall issue public asset sale invoices to the purchaser in accordance with the law on management and use of public assets. After the purchaser completes the payment, the handover of assets to the purchaser shall be carried out at the place where the assets are located;

g/ Within 30 days after completing the asset auction, the agency assigned to manage the assets shall record the asset decrease and report on the asset change under Article 26 of this Decree.

Article 22.Liquidation of road transportation infrastructure assets

1. Road transportation infrastructure assets may be liquidated in the following cases:

a/ Assets are so seriously damaged that they become unusable or their repair is inefficient;

b/ Old assets are dismantled for constructing new ones under approved projects;

c/ Competent state agencies adjust the road transportation master plan, making part or the whole of the assets be unusable for their original purpose;

d/ Other cases as prescribed by law.

2. The Minister of Transport or chairpersons of provincial-level People’s Committees may decide or decentralize the competence to decide on the liquidation of road transportation infrastructure assets under their respective management.

3. Road transportation infrastructure assets may be liquidated in the form of dismantlement or destruction. Materials and supplies recovered from the asset dismantlement or destruction shall be handled as follows:

a/ They shall be handed over to the agencies possessing the liquidated assets for use for the maintenance of assets still in use: The Minister of Transport or chairpersons of provincial-level People’s Committees shall decide on the handover of recovered materials and supplies for use for maintenance purposes; in the case, the value of these materials and supplies shall be deducted from the maintenance cost estimates or maintenance contracts;

b/ They shall be transferred to agencies, organizations and units for use: The Minister of Transport or chairpersons of provincial-level People’s Committees shall decide on the transfer of recovered materials and supplies to agencies and units under their respective management; the Minister of Finance shall decide on the transfer of recovered materials and supplies to agencies, organizations and units outside the Ministry of Transport, for centrally managed assets, or outside provincial-level People’s Committees, for locally managed assets, at the proposal of the Ministry of Transport or provincial-level People’s Committees (of the localities where the assets are located), and related ministries, central agencies and provincial-level People’s Committees;

c/ They shall be sold if unneeded.

4. A dossier of request for liquidation of road transportation infrastructure assets must comprise:

a/ A written request for asset liquidation made by the agency assigned to manage the assets: 1 original;

b/ A list of assets requested to be liquidated, made according to Form No. 06 in the Appendix to this Decree (clearly stating the reason for liquidation): 1 original;

c/ Other related documents (if any): 1 copy each.

5. Order and procedures for liquidation of road transportation infrastructure assets:

a/ The agency assigned to manage the assets shall compile a dossier of request for asset liquidation as prescribed in Clause 4 of this Article and report it to the superior agency (if any) for submission to the competent agency or person defined in Clause 2 of this Article for consideration and decision;

b/ Within 30 days after receiving a complete and valid dossier, the competent agency or person defined in Clause 2 of this Article shall consider and decide on the asset liquidation or issue a written reply if the liquidation request is not appropriate. For materials and supplies recovered from the asset liquidation to be transferred to agencies, organizations or units outside the Ministry of Transport, for centrally managed assets, or outside provincial-level People’s Committees, for locally managed assets, the Ministry of Transport or provincial-level People’s Committees shall send a written request to the Ministry of Finance for consideration and decision according to its competence;

c/ A decision on the liquidation of road transportation infrastructure assets must contain the following principal details: name of the agency assigned to managed the assets that possesses assets for liquidation; list of assets to be liquidated (name of asset; quantity; cost price; residual book value; reason for liquidation); form of liquidation; form of handling of recovered materials and supplies (if any); management and use of the proceeds from the liquidation; and implementation responsibility;

d/ After receiving the asset liquidation decision from the competent agency or person, the agency assigned to manage the assets shall organize the dismantlement and destruction of the assets and handling of recovered materials and supplies under regulations. The sale of recovered materials and supplies must comply with Article 31 of the Government’s Decree No. 151/2017/ND-CP of December 26, 2017, detailing a number of articles of the Law on Management and Use of Public Assets;

dd/ After completing the asset liquidation, the agency assigned to manage the assets shall record the asset decrease and report on the asset change under Article 26 of this Decree and relevant regulations.

Article 23.Handling of road transportation infrastructure assets in case of loss or destruction

1. Road transportation infrastructure assets are lost or destroyed due to disasters, fires or other causes.

2. The Minister of Transport or chairpersons of provincial-level People’s Committees shall decide or decentralize the competence to decide on the handling of road transportation infrastructure assets referred to in Clause 1 of this Article under their respective management.

3. A dossier of request for handling of road transportation infrastructure assets must comprise:

a/ A written request for asset handling made by the agency assigned to manage the assets: 1 original;

b/ A record of lost or destroyed assets;

c/ A list of lost or destroyed assets, made according to Form No. 06 in the Appendix to this: 1 original;

d/ A document proving the asset loss or destruction: 1 copy.

4. Order and procedures for handling of lost or destroyed road transportation infrastructure assets:

a/ Within 30 days after detecting lost or destroyed assets, the agency assigned to manage the assets shall compile 1 dossier of request for handling of lost or destroyed assets as prescribed in Clause 3 of this Article and report it to the superior agency (if any) for submission to the competence agency or person defined in Clause 2 of this Article for consideration and decision;

b/ Within 30 days after receiving a complete and valid dossier, the competent agency or person defined in Clause 2 of this Article shall decide on the handling  of lost or destroyed assets;

c/ An asset handling  decision must contain the following principal details: name of the agency assigned to manage the assets that possesses lost or destroyed assets; list of lost or destroyed assets recorded as asset decrease (name of asset; quantity; cost price; residual book value); reason for (cause of) the asset loss or destruction); and implementation responsibility;

5.  Within 30 days after receiving the asset handling decision from the competent agency or person, the agency assigned to manage the assets shall record the asset decrease in accordance with the accounting law and report on the asset change under Article 26 of this Decree.

6. The state budget shall allocate funding for the repair of road transportation infrastructure assets to restore safe and smooth road transportation.

In case insurers or related organizations and individuals pay compensation money for lost or destroyed road transportation infrastructure assets, the compensation money shall be handled under Clause 1, Article 25 of this Decree, and, after subtracting related expenses (if any), shall be remitted into the state budget under regulations, and priority funds shall be arranged in public investment plans and state budget estimates for investment in the building of substitute assets in accordance with the law on the state budget, law on public investment and other relevant laws.

Article 24.Management and use of road transportation infrastructure assets invested in the form of public-private partnership

1. The building, management and operation of road transportation infrastructure assets in the form of public-private partnership and the transfer of road transportation infrastructure assets formed from the implementation of projects in the form of public-private partnership to the State must comply with Articles 95 and 96 of the Law on Management and Use of Public Assets and the law on investment in the form of public-private partnership.

2. The use of road transportation infrastructure assets for payment to investors implementing construction investment projects under build-transfer contracts must comply with the Government’s regulations on use of public assets for payment to investors implementing construction investment projects under build-transfer contracts.

3. The use of road transportation infrastructure assets for participation in investment projects in the form of public-private partnership, except the form referred to in Clause 2 of this Article, is prescribed as follows:

a/ The Prime Minister shall decide on the use of existing road transportation infrastructure assets for participation in investment projects in the form of public-private partnership at the proposal of the Minister of Transport or chairpersons of provincial-level People’s Committees and on the basis of the Ministry of Finance and related agencies.

The Prime Minister’s decision on the use of road transportation infrastructure assets for participation in investment projects in the form of public-private partnership serves as the basis for decision or submission to competent agencies or persons for decision on investment policy in accordance with the law on investment and law on public investment;

b/ Based on the Prime Minister’s decision on the use of existing road transportation infrastructure assets for participation in investment projects in the form of public-private partnership, investment projects in the form of public-private partnership approved by a competent agency or person, and the signed contracts, the agency assigned to manage the assets shall hand over the assets to the investors implementing the projects. The handover shall be included in a record made according to Form No. 01 in the Appendix to this Decree.

4. Investors implementing projects in the form of public-private partnership shall manage and use road transportation infrastructure assets (including assets invested and managed by the State and used for participation in the projects), ensuring quality and technical standards in accordance with the law on investment and law on construction until these assets are transferred to competent state agencies.

5. State agencies competent to sign project contracts and agencies assigned to manage the assets shall monitor, examine and supervise investors in complying with the provisions of Clause 4 of this Article until the investors transfer the assets to competent state agencies.

Article 25.Management and use of proceeds from the handling of road transportation infrastructure assets

1. All proceedings from the handling of road transportation infrastructure assets (including also compensation money, if any) shall be deposited in the temporary custody accounts at the State Treasury held by:

a/ Agencies assigned to manage the assets defined in Clause 1, Article 19 of the Law on Management and Use of Public Assets, for assets handled under decisions of the Prime Minister or Minister of Finance; or,

b/ Provincial-level Departments of Finance of the localities where the asset management agencies are headquartered, for assets handled under decisions of the Minister of Transport or chairpersons of provincial-level People’s Committees or decentralized agencies.

2. The temporary custody accounts shall be monitored with regard to each agency with handled assets.

3. The agencies assigned to organize the handling of road transportation infrastructure assets shall prepare estimates of expenses related to the asset handling and report them to the Ministry of Transport (for centrally managed assets) or provincial-level People’s Committees (for locally managed assets) for approval. These expenses include:

a/ Tallying, measurement and drawing expenses;

b/ Relocation, dismantlement and demolition expenses;

c/ Valuation and price appraisal expenses;

d/ Sale expenses;

dd/ Other related reasonable expenses.

4. Expense levels used as the basis for estimating expenses related to the handling of road transportation infrastructure assets specified in Clause 3 of this Article:

a/ For expenses subject to levels, norms and regimes already prescribed by competent state agencies, these levels, norms and regimes shall be complied with;

b/ For hired services related to the asset handling, contracts signed between agencies assigned to manage the assets and service providers shall apply. The selection of providers of services related to the asset handling must comply with relevant laws;

c/ For expenses other than those specified at Points a and b of this Clause, heads of agencies assigned to organize the asset handling may decide on their levels, ensuring conformity with current financial management regulations of the State, and shall take responsibility for their decisions.

5. Within 30 days after completing the asset handling, agencies assigned to organize the asset handling shall compile 1 dossier of payment request and send it to the holder of the temporary custody account for payment. The heads of agencies assigned to organize the asset handling shall take responsibility before law for the accuracy of expenses to be paid. A dossier must comprise:

a/ A written request for payment made by the agency assigned to organize the asset handling (clearly stating the proceeds from the asset handling, total expenses for the asset handling, information of the bank account for receiving payment), enclosed with a detailed statement of expenses: 1 original;

b/ The asset handling decision of a competent agency or person: 1 copy;

c/ Supporting documents for the expenses, such as approved expense estimate, price appraisal, auction and demolition service contracts; invoices and receipts (if any): 1 copy each.

6. Within 30 days after receiving a complete and valid dossier, the temporary custody account holder shall transfer money to the agency assigned to organize the asset handling for payment of expenses related to the handling of road transportation infrastructure assets.

7. On a quarterly basis, the temporary custody account holder shall remit the remainder of the proceeds from the asset handling after payment of all expenses to the state budget in accordance with the law on the state budget.

8. In case the proceeds from the asset handling are insufficient for paying expenses, the deficit shall be covered by the state budget funds allocated to the agencies assigned to organize the asset handling.

Section 6

REPORTING REGIME AND DATABASE ON ROAD TRANSPORTATION INFRASTRUCTURE ASSETS

Article 26.Reporting on road transportation infrastructure assets

1. All road transportation infrastructure assets shall be reported and updated into the database on road transportation infrastructure assets for unified management.

2. Forms of declaration reports on road transportation infrastructure assets:

a/ Initial declaration reports on existing road transportation infrastructure assets by the effective time of this Decree (except assets already reported for the first time under the Government’s Decree No. 10/2013/ND-CP of January 11, 2013, prescribing the management, use and operation of road transportation infrastructure assets);

b/ Additional declaration reports on newly emerging road transportation infrastructure assets or changes in asset information, or information about asset-managing and -operating agencies or units after the effective date of this Decree.

3. Agencies assigned to manage the assets shall make asset declaration reports according to Form No. 02 in the Appendix to this Decree, and send them to the Ministry of Transport (for centrally managed assets) or provincial-level People’s Committees (for locally managed assets) for certification signature and updating data into the database on road transportation infrastructure assets. The time limit for sending asset declaration reports is 30 days after receiving assets under asset management assignment decisions of competent agencies or persons or having any changes in information about managing agencies or declared assets.

4. Annually, agencies assigned to manage the assets shall report on the management and use of the assets (covering also proceeds from the handling and operation of the assets) in the previous year and make reports at the request of competent state agencies.

5. Types of reports on the management, use and operation of road transportation infrastructure assets:

a/ Report on the management of assets according to Form No. 03 in the Appendix to this Decree;

b/ Report on the handling of assets according to Form No. 04 in the Appendix to this Decree;

c/ Report on the operation of assets according to Form No. 05 in the Appendix to this Decree.

6. The deadlines for sending annual reports on the management, use and operation of road transportation infrastructure assets is prescribed as follows:

a/ The central agency assigned to manage the assets shall send reports on the management, use and operation of centrally managed assets to the Ministry of Transport before January 31;

b/ Local agencies assigned to manage the assets shall send reports on the management, use and operation of locally managed assets to provincial-level People’s Committees before January 31;

c/ Provincial-level People’s Committees shall send reports on the management, use and operation of locally managed assets to the Ministry of Transport before February 28;

d/ The Ministry of Transport shall send summary reports on the management, use and operation of centrally and locally managed assets to the Ministry of Finance before March 15;

dd/ The Ministry of Finance shall send a report on the management, use and operation of assets nationwide to the Government for reporting to the National Assembly upon request, and publicize information about national assets.

Article 27.Database on road transportation infrastructure assets

1. The database on road transportation infrastructure assets is a component of the national database on public assets, and shall be built and managed in a unified manner nationwide; information in the database on road transportation infrastructure assets provided by competent agencies and persons are as valid as paper documents.

2. The building and management of the database on road transportation infrastructure assets must meet the following requirements:

a/ Being suitable to the architecture framework of Vietnam e-government, satisfying the technical regulations on national databases, standards and technical regulations on information technology, information safety and security, and techno-economic norms;

b/ Ensuring compatibility, integration and connection with the national database on public assets; sharing information and possible expansion of data fields in the design of systems and application software.

3. The Ministry of Transport or provincial-level People’s Committees shall direct the agencies assigned to manage the assets to make declaration reports and update data into the database on road transportation infrastructure assets under regulations.

Chapter III

ORGANIZATION OF IMPLEMENTATION

Article 28.Implementation responsibility

1. Responsibilities of the Ministry of Transport:

a/ Within 12 months after the effective date of this Decree, the Ministry of Transport or provincial-level People’s Committees shall direct the agencies assigned to manage the assets defined in Clause 2, Article 2 of this Decree to coordinate with related agencies and organizations in completing the inventory and classification of existing assets in order to manage, use and operate road transportation infrastructure assets in accordance with this Decree.

Pending the inventory and classification, and elaboration and approval of plans on assignment of the management, of road transportation infrastructure assets, the Ministry of Transport or provincial-level People’s Committees shall direct related agencies and organizations in managing and using these assets in accordance with the law on management and use of public assets, specialized law on road traffic and relevant law, ensuring smooth and safe road transportation;

b/ To assume the prime responsibility for elaborating and promulgating regimes and processes of quality-based maintenance of road transportation infrastructure assets and criteria for supervision and pre-acceptance test of maintenance results;

c/ To assume the prime responsibility for, and coordinate with the Ministry of Finance in, prescribing the factor of inflation in determining expenses for quality-based maintenance of road transportation infrastructure assets;

d/ To direct and guide the making of the lists of road transportation infrastructure assets serving the recording, calculation of the wear and tear, reporting and building of the database on the assets;

dd/ To report on the management, use and operation of road transportation infrastructure assets in accordance with the law on management and use of public assets and at the request of competent agencies or persons;

e/ To coordinate with the Ministry of Finance in building the database on road transportation infrastructure assets nationwide for integrating it into the national database on public assets;

g/ To coordinate with the Ministry of Finance in guiding the determination of reserve prices for the auction of the right to operate road transportation infrastructure assets in the form of lease or definite-time transfer of the right to operate road transportation infrastructure assets;

h/ To perform other tasks and exercise other powers in accordance with this Decree.

2. Responsibilities of the Ministry of Finance:

a/ To establish the regime of recording road transportation infrastructure assets;

b/ To establish the regime of management and calculation of the wear and tear of road transportation infrastructure assets;

c/ To guide the determination of reserve prices for the auction of the right to operate road transportation infrastructure assets in the form of lease or definite-term transfer of the right to operate road transportation infrastructure assets;

d/ To assume the prime responsibility for, and coordinate with the Ministry of Transport in, building the database on road transportation infrastructure assets nationwide and guiding its integration into the national database on public assets;

dd/ To perform other tasks and exercise other powers in accordance with this Decree.

3.Responsibilities of provincial-level People’s Committees:

a/ To direct the inventory, classification, documentation and recording of road transportation infrastructure assets in accordance with this Decree and relevant laws;

b/ To direct and inspect the management, use and operation of road transportation infrastructure assets under local management in accordance with this Decree and relevant laws;

c/ To direct the uploading and standardization of data on locally managed road transportation infrastructure assets; to report on the management, use and operation of the assets in accordance with this Decree;

d/ To perform other tasks and exercise other powers in accordance with this Decree.

4. Related ministries, central agencies and provincial-level People’s Committees shall coordinate with the Ministry of Transport and Ministry of Finance in the management, use and operation of road transportation infrastructure assets in accordance with this Decree.

Article 29.Transitional handling

1. For contracts on operation of road transportation infrastructure assets which are signed by competent agencies or persons in accordance with law before the effective date of this Decree, they shall be further performed until the date of their expiration. Any amendments to these contracts since the effective date of this Decree must comply with the provisions of this Decree.

2. For road transportation infrastructure assets available before the effective date of this Decree which have not yet been valued for recording under the Government’s Decree No. 10/2013/ND-CP of January 11, 2013, and guiding documents, they shall be valued according to relevant policies within 6 months since the effective date of this Decree; any unperformed accounting and wear and tear calculation work shall be performed in accordance with this Decree.

3. For road transportation infrastructure assets which are handled under decisions issued by competent agencies or persons before the effective date of this Decree, such decisions shall be further implemented; any unperformed work by the effective date of this Decree and the management and use of proceeds from the handling of these assets shall be performed in accordance with this Decree.

Article 30.Effect

1. This Decree takes effect on June 17, 2019.

2. To annul the Government’s Decree No. 10/2013/ND-CP of January 11, 2013, prescribing the management, use and operation of road transportation infrastructure assets.

3. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees and heads of related agencies shall implement this Decree.-

On behalf of the Government
Prime Minister
NGUYEN XUAN PHUC

* The Appendix to this Decree is not translated.