Decree No. 38/2017/ND-CP dated April 04, 2017 of the Government on construction and operation management of inland container depots

Rental rates of inland container depot infrastructure facilities may be adjusted every 5 years

This is the content prescribed at the Decree No. 38/2017/ND-CP issued by the Government on April 04, 2017 on construction and operation management of inland container depots; taking effect on July 01, 2017.

In particular, rental rates of inland container depot infrastructure facilities for operation must comply with the law on price. The Minister of Finance shall decide on rental rates of inland container depot infrastructure facilities for operation at the proposal of project owners or agencies approving plans on lease of inland container depot infrastructure facilities for operation. Rental rates may be adjusted once every 5 years; when the inflation rate in Vietnam exceeds 15% a year; other circumstances as proposed by the lessor or lessee and approved by the investment-deciding agency.

Also in accordance with the Decree, a lessee of inland container depot infrastructure for operation must have the legal person status prescribed by law; be financially capable; have adequate staff members for operation management of infrastructure facilities to be leased; have an efficient infrastructure operation plan; offer the highest rental which is not lower than the rental rate stated in the approved plan on lease of inland container depot infrastructure for operation; have an operation plan which satisfies the prescribed requirements on security and national defense, environmental protection and fire and explosion prevention and fighting; having a plan ensuring that operation and use activities do not affect normal activities of related agencies and units.

The lessee may sublease part of the leased inland container depot infrastructure to a Vietnamese or foreign organization or individual in accordance with this Decree and shall obtain the lessor’s written approval before effecting the sublease. The sublease of inland container depot infrastructure shall be carried out under a contract, which must not be contrary to the contents of the lease contract signed with the lessor. The lessee must be fully accountable before the lessor for the sublease. The inland container depot infrastructure sublessee shall manage the operation of the inland container depot in accordance with law and the lease contract and may not further sublease such infrastructure.