Decree No. 12/2025/ND-CP dated January 20, 2025 on management, use and operation of inland waterway infrastructure property
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THE
GOVERNMENT OF VIETNAM |
THE
SOCIALIST REPUBLIC OF VIETNAM |
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No: 12/2025/ND-CP |
Hanoi, January 20, 2025 |
ON MANAGEMENT, USE AND OPERATION OF INLAND WATERWAY INFRASTRUCTURE PROPERTY
Pursuant to the Law on Government Organization dated June 19, 2015; the Law on amendment to the Law on Government Organization and the Law on Local Government Organization dated November 22, 2019;
Pursuant to the Law on Management and Use of Public Property dated June 21, 2017; Law on amendments to Law on Securities, Law on Accounting, Law on Independent Audit, Law on State Budget, Law on Management and Use of Public Property, Law on Tax Administration, Law on Personal Income Tax, Law on National Reserves, and Law on Penalties for Administrative Violations dated November 29, 2024;
Pursuant to the Law on inland waterway traffic dated June 15, 2004; the Law on amendment to the Law on inland waterway traffic dated June 17, 2014;
At the request of the Minister of Finance;
The Government issues a Decree on management, use and operation of inland waterway infrastructure property.
1. This decree provides for management, use and operation of inland waterway infrastructure property invested and managed by the State.
2. This Decree shall not apply to:
a) Inland waterway infrastructure property assigned to enterprises in the form of state investment in enterprises. The management, use, operation and reporting on inland waterway infrastructure property assigned to enterprises in the form of state investment in enterprises shall comply with laws on management and use of state capital invested in the enterprise’s manufacturing and business activities, laws on inland waterway traffic and other relevant laws.
b) Inland waterway infrastructure property at units of the people's armed forces. The management, use, and operation of inland waterway infrastructure property at units of the people's armed forces shall comply with laws on management and use of public property at units of the people's armed forces, laws on inland waterway traffic and other relevant laws.
c) Inland waterway infrastructure property managed by other entities (other than those specified in Clause 3 of Article 2 of this Decree and Points a and b of this Clause) and inland waterway infrastructure property invested in and managed by the State but sold, transferred, and included in the enterprise value upon equitization. The management, use, and operation of inland waterway infrastructure property I this case shall comply with laws on inland waterway traffic and other relevant laws.
1. State inland waterway traffic regulatory authority.
2. Inland waterway management authorities, including:
a) Central inland waterway management authority is an affiliated organization of the Ministry of Transport, performing the function of advising and assisting the Minister of Transport in state management and organizing the enforcement of laws on inland waterway traffic nationwide.
a) Provincial inland waterway management authorities are relevant authorities under the People's Committees of provinces or centrally affiliated cities (hereinafter referred to as the provincial People's Committees) that performs the function of advising and assisting the provincial People's Committees in state management of inland waterway traffic.
c) The district-level inland waterway management authorities are specialized agencies under the People's Committees of districts, provincial cities, or municipal cities (hereinafter referred to as the district-level People's Committees) performing the function of advising and assisting the district-level People's Committees in state management of inland waterway traffic.
3. The authorities assigned to manage inland waterway infrastructure property (hereinafter referred to as the “Property management authorities”) include:
a) Central property management authorities are those specified in Point a of Clause 2 of this Article.
b) Provincial property management authorities are those specified in Point b of Clause 2 of this Article.
c) District-level property management authorities are those specified in Point c of Clause 2 of this Article.
4. Organizations and units directly perform accounting, management, record keeping, maintenance, reporting, declaration, and information entry into the database on inland waterway infrastructure property and other contents according to the decentralization, authorization, and assignment of the property management authority as prescribed in Clause 2 of Article 5 of this Decree.
5. Organizations and enterprises leasing transfers operate or receiving fixed-term transfers of rights to operate inland waterway infrastructure property in accordance with this Decree.
6. Other entities related to the management, use and operation of inland waterway infrastructure property.
Article 3. Inland waterway infrastructure property
1. Inland waterway infrastructure property is inland waterway infrastructure as prescribed in law on inland waterway traffic and land and water areas (if any) associated with inland waterway infrastructure.
2. Inland waterway infrastructure property associated with national defense and security is determined as follows:
a) Inland waterway infrastructure property associated with national defense is determined according to the provisions of law on management and protection of national defense works and military zones.
b) Inland waterway infrastructure property associated with national security is determined in accordance with laws on protection of national security-related important works.
Article 4. Rules for management, use and operation of inland waterway infrastructure property
The management, use and operation of inland waterway infrastructure property must comply with rules specified in the Law on management, use of public property, Land Law, and the following rules:
1. Inland waterway infrastructure property is fully statistically reported, accounted for in kind and value; the regimes for asset depreciation and construction maintenance are implemented in accordance with law.
2. The operation of inland waterway infrastructure property by leasing, transferring the right to operate the property for a fixed term, is carried out for all or part of each inland waterway infrastructure property. In case of operating a part of each property, it is necessary to ensure smooth and safe inland waterway traffic activities and not affect the management, use and operation of the remaining part of the property.
3. The decision to assign, operate and dispose inland waterway infrastructure property that (i) are related to national defense, must obtain the opinion of the Ministry of National Defense; (ii) are related to national security, must obtain the opinion of the Ministry of Public Security; (iii) are not related to national defense and security, shall be determined by the Ministry of Transport, the provincial People's Committee, the inland waterway regulatory authority, and the property management authority in the application submitted to the competent authority, person for decision.
4. If the operation and disposal of inland waterway infrastructure property as prescribed in this Decree affects other related infrastructure property, opinions from the entity assigned to manage the related infrastructure property must be obtained and solutions must be provided to clearly define responsibilities for rectification.
5. The management, use, and operation of inland waterway infrastructure property shall be supervised, inspected, and audited in accordance with applicable regulations; any violations of the law on the management, use, and operation of inland waterway infrastructure property shall be promptly and strictly handled in accordance with law.
6. The management and use of land and water surface associated with inland waterway infrastructure property shall comply with laws on land, the laws on inland waterway traffic, and other relevant laws. The transfer, sale, donation, capital contribution, and mortgage of rights to use land associated with inland waterway infrastructure works and the right to use sea areas associated with inland waterway infrastructure works is not allowed. In case of appropriation of land associated with inland waterway infrastructure works in accordance with laws on land, the appropriation of land associated with property, compensation, support, resettlement and the handling of land and property attached to land after appropriation shall comply with laws on land not this Decree.
The use of land funds to create capital for the development of inland waterway infrastructure property shall comply with laws on land.
ASSIGNMENT OF MANAGEMENT OF INLAND WATERWAY INFRASTRUCTURE PROPERTY
Article 5. Scope and forms of assignment of management of inland waterway infrastructure property
1. Inland waterway infrastructure property is assigned to the property management authorities specified in Clause 3, Article 2 of this Decree as follows:
a) Central property management authorities are assigned to manage inland waterway infrastructure property under central management.
b) Local property management authorities (including: Provincial property management authorities; district-level property management authorities) are assigned to manage inland waterway infrastructure property under local management.
The provincial People's Committees shall consider and decide to assign inland waterway infrastructure property under local management to provincial and district-level property management authorities upon the request of provincial inland waterway management authorities.
2. The assignment of inland waterway infrastructure property to the authorities specified in Clause 1 of this Article shall be carried out in the form of property increase recording.
After being assigned to manage the property, the property management authority shall manage, use and operate the assigned inland waterway infrastructure property in accordance with this Decree and relevant laws. In case (i) the central property management authority decentralizes or authorizes or assigns to affiliated administrative organizations (for property under central management), (ii) the provincial inland waterway management authority decentralizes or authorizes or assigns to affiliated public service units (for property under the management of the provincial inland waterway management authorities) to perform accounting, record management, record storage, maintenance, declaration, information entry into the Database on inland waterway infrastructure property and other contents (if any), it must be approved in writing by the Ministry of Transport (for property under central management), the provincial People's Committee (for property under local management) and there must be a document from the property management authority clearly stipulating the content of grant of power or authorization or assignment and internal procedures to ensure full implementation of tasks, powers and responsibilities as prescribed in this Decree.
3. The assignment of inland waterway infrastructure property invested and managed by the State to property management authorities shall be applied to inland waterway infrastructure property existing at the time this Decree takes effect but not yet have document specified the assignment to the agencies specified in Point a and Point b, Clause 1 of this Article for management.
4. For inland waterway infrastructure property eligible for the established all-people ownership that is disposed of in the form of assignment or transfer to the agencies specified in Point a and Point b of Clause 1 of this Article for management, the authority and procedures for assignment and transfer of property shall be implemented in accordance with the laws on the management and disposal of property eligible for the established all-people ownership; it is not necessary to re-perform the property handover procedures as prescribed in this Decree.
5. For inland waterway infrastructure property that is the result of the implementation process of State-funded project:
a) For investment projects approved by a competent authority or person, if the beneficiary of the property resulting from the project implementation process is the property management authority specified in Point a, Point b of Clause 1 of this Article, after completing the investment, construction and procurement, the investor, project owner, and project management board shall hand over the property to the beneficiary (property management authority); it is not necessary to re-perform the property handover procedures as prescribed in this Decree.
a) For investment projects approved by a competent authority or person, if the beneficiary of the property resulting from the project implementation process is not the property management authority specified in Point a, Point b of Clause 1 of this Article:
If the beneficiary is a state agency, public service provider, agency of the Communist Party of Vietnam, the Vietnam Fatherland Front or a socio-political organization, after the beneficiary receives the property, the property shall be transferred from the beneficiary to the Ministry of Transport or the Provincial People's Committee to hand over the property to the property management authority specified in Point a, Point b of Clause 1 of this Article; the transfer shall be carried out in accordance with Clause 6 of this Article;
If the beneficiary is not a state agency, public service provider, agency of the Communist Party of Vietnam, the Vietnam Fatherland Front or a socio-political organization, the beneficiary shall manage, use and operate the property in accordance with the laws on inland waterway traffic and other relevant laws. If there is a need to transfer the property to the property management authority specified in Point a, Point b of Clause 1 of this Article, Clause 6 of this Article shall apply.
c) For the investment project approved by a competent agency or person, if the beneficiary of the property resulting from the project implementation process is not determined, the authority and procedures for handing over or transferring inland waterway infrastructure property to the agency specified in Point a, Point b of Clause 1 of this Article shall be implemented in accordance with the regulations on handling property of State-funded projects in the laws on management and use of public property; it is not necessary to re-perform the property handover procedures as prescribed in this Decree.
6. For inland waterway infrastructure property managed by entities that are not authorities specified in Point a and Point b of Clause 1 of this Article for management, if the entities in charge of management wish to transfer the property to the Ministry of Transport or the provincial People's Committees to hand it over to property management specified in Point a and Point b of Clause 1 of this Article, the authority and procedures for transferring the property shall comply with regulations of relevant laws; it is not necessary to re-perform the property handover procedures as prescribed in this Decree.
In cases where relevant laws do not have provisions on the authority and procedures for property transfer, authority and procedures specified in Clause 2 and Clause 3 of Article 20 of this Decree shall be carried out to decide and implement the property transfer.
Article 6. Authority to decide on assignment of inland waterway infrastructure property
1. The Minister of Transport shall decide on the assignment of their inland waterway infrastructure property to the central property management authority.
2. Provincial People's Committees shall decide to assign their inland waterway infrastructure property to local property management authorities.
Article 7. Procedures for handing over inland waterway infrastructure property
1. The Ministry of Transport (for property under central management) and the Provincial People's Committees (for property under local management) shall direct the review and statistics of inland waterway infrastructure property managed or temporarily managed by agencies, organizations, and units under their management (including cases where property is invested in the PPP form and transferred by investors to the State according to regulations without having to carry out procedures for establishing all-people ownership of property); on that basis, the classification shall be carried out as follows:
a) Inland waterway infrastructure property that has been assigned in writing by competent authorities and persons to the property management authorities specified in Point a and Point b, Clause 1 of Article 5 of this Decree for management.
b) Inland waterway infrastructure property managed by property management authorities specified in Point a, Point b of Clause 1 of Article 5 of this Decree without a handover document from the competent authorities or persons.
c) Inland waterway infrastructure property temporarily assigned to the property management authorities specified in Point a, Point b of Clause 1, Article 5 of this Decree for management.
d) Inland waterway infrastructure property assigned or temporarily assigned to the other entities that are not those specified in Point a, Point b of Clause 1, Article 5 of this Decree for management.
2. Based on the results of the review, statistics and classification of property as prescribed in Clause 1 of this Article, the central inland waterway management authority (for property under central management), the provincial inland waterway management authority (for property under local management) shall take charge and prepare 01 set of application for the transfer of inland waterway infrastructure property (except for property specified in Point a of Clause 1 of this Article) to the property management authority specified in Point a, Point b of Clause 1 of Article 5 of this Decree, and report to the Ministry of Transport (for property under central management),the provincial People's Committee (for property under local management). The application includes:
a) Document of the central inland waterway management authority, the provincial inland waterway management authority on the request for the transfer of property: original copy.
b) Minutes of the inter-sectoral meeting or written opinions of: The agency, organization, unit currently managing or temporarily managing the property and their superior managing authority (if any); relevant agencies, units of the Ministry of Transport (for property under central management), relevant local agencies, units (for property under local management); the agency expected to be assigned to manage the property regarding the transfer: original copy.
c) List of property proposed for transfer (name of the property; address; year of putting into use; basic parameters (volume, length, ...); area; original price; residual value (if any); status of use of the property) prepared by the central inland waterway management authority, provincial inland waterway management authority: original copy.
Legal documents on the property (Decision on property assignment, transfer, Minutes of property handover, acceptance or other papers, documents proving the rights to manage, use, temporarily manage the property - if any): duplicate copy.
dd) Other relevant documents (if any): duplicate copy.
3. Within 30 days from the date of receiving the complete application specified in Clause 2 of this Article, the competent authority or person specified in Article 6 of this Decree shall consider and decide on the assignment of inland waterway infrastructure property under its authority or shall have a written response in case the request for assignment of property is not appropriate.
4. The decision on assignment of inland waterway infrastructure property shall include:
a) Name of the property management authority.
b) List of property to be transferred (name of the property; address; year of putting into use; basic parameters (volume, length, etc.); area; original price, residual value (if any); status of use of the property); agency, organization, unit currently managing or temporarily managing the property.
c) Form of handing over the property:
d) Implementation responsibility.
5. Pursuant to the Decision on handing over inland waterway infrastructure property of the competent authority or person:
a) The property management authority shall manage, use, and operate the property in accordance with the regulations of this Decree, the laws on inland waterway traffic, and other relevant laws for property specified in Point b, Point c of Clause 1 of this Article; it is not required to hand over or receive property as prescribed in Point b of this Clause.
b) The agency, organization or unit currently managing or temporarily managing the property (the Transferor) shall hand over the property to the property management authority (the Recipient) for property specified in Point d of Clause 1 of this Article. The handover and receipt of the property shall be recorded in a Minutes using Form No. 01 in the Appendix issued with this Decree. After receiving the property, the property management authority shall manage, use and operate the property in accordance with this Decree, the laws on inland waterway traffic and other relevant laws.
6. The budget for organizing the review, statistics, classification and assignment of management of property shall be allocated from the state budget in accordance with laws on the state budget.
MANAGEMENT, USE AND OPERATION OF INLAND WATERWAY INFRASTRUCTURE PROPERTY
Section 1. DOSSIER ON MANAGEMENT, ACCOUNTING OF INLAND WATERWAY INFRASTRUCTURE PROPERTY
Article 8. Dossier on management of inland waterway infrastructure property
1. The dossier on management of inland waterway infrastructure property includes:
a) Records related to the formation and changes in inland waterway infrastructure property as prescribed in this Decree and relevant laws; legal records on land and water surface associated with inland waterway infrastructure property in cases where competent agencies and persons assign or lease land and water surface in accordance with laws on land (if any).
b) Declaration reports; reports on the management, use and operation of inland waterway infrastructure property as prescribed in this Decree.
c) Data in the Database on inland waterway infrastructure property as prescribed in this Decree.
2. The property management authority shall prepare, manage, and store dossiers on property as prescribed for the dossiers prescribed in Clause 1 of this Article; report as prescribed in this Decree.
The responsibility for preparing, managing, and storing records related to investment in the construction, expansion, upgrade, and renovation of inland waterway infrastructure property is carried out in accordance with the construction laws, laws on inland waterway traffic, and other relevant laws.
Article 9. Accounting of inland waterway infrastructure property
1. Inland waterway infrastructure property with independent structures or a system consisting of many separate assets linked together to perform one or several specific functions are an accounting subject.
In case a system is assigned to many management authorities, the accounting subject is the part of the property assigned to each authority.
2. The property management authority shall:
a) Open books and performing accounting for inland waterway infrastructure property (or general accounting based on detailed accounting of administrative organizations, units that are granted power or authorized or assigned to perform accounting work as prescribed in Clause 2, Article 5 of this Decree) in accordance with the laws on accounting and this Decree.
b) Report on the increase, decrease, and depreciation of inland waterway infrastructure property in accordance with law.
3. The original price and residual value of inland waterway infrastructure property are determined according to the following rules:
a) For inland waterway infrastructure property with information on the original price and residual value of the property, the existing value is used to record in the accounting books.
b) For inland waterway infrastructure property that is newly purchased or invested in, the original price recorded in the accounting books is the purchase value and construction investment value approved by the competent authority or person for settlement according to applicable regulations.
In cases where the purchase and investment value is settled for multiple properties and property items (not separately for each property or item), the original price of each property or item is allocated according to appropriate criteria (quantity, detailed estimate, proportion according to the market value of the corresponding property, etc.).
In cases where the financial statement has not been approved by the competent authority or person, the provisional original price is used to record in the accounting books. The provisional original price in this case shall be selected in the following order of priority: Value of review of the final accounts; amounts to be settled; value determined according to the A-B acceptance minutes; total investment value or approved project estimate or most recently adjusted project estimate (in case the project estimate is adjusted).
When using the provisional original price to record in accounting books, if the value of the purchase or investment according to the review of the final accounts, the final account proposal, according to the A-B acceptance minutes, or according to the total project investment, project estimate, is used as the common value for multiple properties, property items (not separated for each property, property item), the provisional original price of each property, property item shall be allocated according to appropriate criteria (quantity, detailed estimate, proportion according to the market value of the corresponding property, etc.). In this case, when the competent agency or person approves the financial statement, the property management authority shall adjust the provisional original price according to the approved final account value to adjust the accounting books and perform property accounting according to applicable regulations.
c) For inland waterway infrastructure property received by the property management authority according to the assignment decision or transfer decision of the competent agency or person, the original price and residual value of the property shall be determined based on the original price and residual value recorded in the Minutes of handover and receipt of assigned or transferred property.
d) The inland waterway infrastructure property without information to determine its value according to the provisions in Points a, b, and c of this Clause shall be disposed of as follows:
In case there is an equivalent inland waterway infrastructure property (in terms of scale, technical level and time of putting into use) and its original price and residual value are listed in the accounting books, the value of the equivalent property shall be used to determine its value;
In case there is no equivalent inland waterway infrastructure property or there is an equivalent inland waterway infrastructure property but the original price and residual value of that property have not been listed in the accounting books, the conventional price decided by the Minister of Transport shall be used as the original price of the property;
In case there is no equivalent inland waterway infrastructure property or there is an equivalent inland waterway infrastructure property but the original price and residual value of that property have not been listed in the accounting books, and the conventional price cannot be applied, the property management authority shall hire a valuation enterprise to evaluate the property in accordance with laws on prices as a basis for determining the original price of the property. The use of valuation certificates and valuation reports of valuation enterprises shall be carried out in accordance with laws on prices. The cost of price determination shall be allocated from the state budget in accordance with laws on the state budget.
dd) For inland waterway infrastructure property that is found to be in surplus during use, depending on their origin and time of putting into use, the value recorded in the accounting book is determined accordingly in accordance with points a, b, c, and d of this clause.
4. The original price of inland waterway infrastructure property shall be adjusted in the following cases:
a) Re-evaluating the value of inland waterway infrastructure property when conducting inventory according to the Prime Minister's decision.
b) Upgrading and expanding inland waterway infrastructure property according to projects approved by competent authorities and persons.
c) Dismantling one or several parts of inland waterway infrastructure property (in case the value of the dismantled part is being accounted for in the original value of the property), except for the case of dismantling for replacement during construction maintenance.
d) Installing one or several additional parts of inland waterway infrastructure property, except for the case of installing for replacement during construction maintenance.
dd) Being partially lost or seriously damaged due to natural disasters, force majeure incidents or other unexpected impacts (except in cases where the property is repaired according laws on inland waterway maintenance or restored through insurance, compensation for damages by relevant organizations and individuals).
5. The value of inland waterway infrastructure property specified in this Decree shall be used for accounting, declaration to upload information into the Database on inland waterway infrastructure property, and other purposes as prescribed in law.
6. Accounting, management and depreciation of inland waterway infrastructure property shall be carried out in accordance with the regulations of the Minister of Finance.
Article 10. Maintenance of works belonging to inland waterway infrastructure property
1. Works belonging to inland waterway infrastructure property must be maintained to ensure normal and safe operation when using and operating property.
2. Forms of maintenance of works belonging to inland waterway infrastructure property include maintenance based on performance quality and maintenance based on actual volume.
a) Maintenance based on performance quality is the maintenance activity according to specified quality standards, within a period of time with a certain amount of money specified in the Economic Contract. The form of maintenance based on performance quality is only applied to regular maintenance of works belonging to inland waterway infrastructure property.
Criteria for monitoring and commissioning of maintenance results of works belonging to inland waterway infrastructure property based on performance quality are prescribed by the Minister of Transport.
b) Maintenance based on actual volume is the maintenance activity based on the actual volume of work performed.
c) The Minister of Transport (for property under central management) and the Provincial People's Committees (for property under local management) shall decide or delegate the authority to decide on the application of maintenance based on performance quality or maintenance based on the actual volume for regular maintenance.
3. Other contents on maintenance of works belonging to inland waterway infrastructure property shall be implemented in accordance with laws on inland waterway traffic, laws on quality management and maintenance of construction works, and other relevant laws.
4. During the maintenance of works belonging to inland waterway infrastructure property, in case of arising of materials repossessed from the maintenance of works, they shall be disposed of in accordance with the regulations on disposal of materials repossessed from property liquidation in this Decree.
5. In case of leasing the right to operate property, transferring the right to operate inland waterway infrastructure property for a fixed term, if the contract stipulates the responsibility of the lessee and the transferee of the right to operate property in maintaining the works, the lessee and the transferee of the right to operate property shall perform maintenance in accordance with the law and the signed contract using their own funds.
The disposal of materials repossessed (if any) in this case shall be carried out by the transferee and the lessee of the right to operate property in accordance with the regulations of relevant laws.
6. Maintenance of works belonging to inland waterway infrastructure property in the form of dredging maintenance combined with product extraction shall be carried out in accordance with the Government's regulations on the management of dredging activities in seaport waters and inland waterway waters.
1. For existing railway infrastructure property that is invested in of State-funded property projects for property upgrade, renovation, and expansion approved by competent authorities, persons (including projects for construction, upgrade, renovation, and expansion of other property but involving investment in existing inland waterway traffic infrastructure property), the investment in property upgrade, renovation, expansion shall be carried out in accordance with laws on state budget, laws on public investment, construction laws, laws on inland waterway traffic, and other relevant laws.
2. If the project owner investing in upgrading, renovating, and expanding property is not the property management authority, based on the investment project approved by the competent authority, person:
a) The Ministry of Transport (for property under central management), Provincial People's Committee (for property under local management) shall instruct the property management authority to temporarily hand over the property to the project owner during the investment period. The temporary handover of property shall be recorded in a Minutes of Handover using the Form 01A attached to this Decree.
b) During the temporary handover of inland waterway infrastructure property to the project owner, the property management authority is responsible for property management and accounting; the project owner shall ensure smooth and safe traffic during the investment period, including maintenance of the property in cases where the approved project has a budget for maintenance; in this case, no budget for maintenance shall be allocated to the property management authority during the period of the temporary handover.
c) After the project is completed and put into use, the project owner shall hand back the property and the additional value of the property due to project implementation in accordance with law to the property management authority for management, use, and operation of property in accordance with this Decree and relevant laws, except for cases where the additional value is accounted for in the property value as a result of the project.
Section 3. OPERATION OF INLAND WATERWAY INFRASTRUCTURE PROPERTY
Article 12. Methods and proceeds from the operation of inland waterway infrastructure property
1. Operation forms:
a) The property management authority shall directly organize the operation of inland waterway infrastructure property.
b) The right to operate inland waterway infrastructure property.
c) Fixed-term transfer of the right to operate inland waterway infrastructure.
2. For forms specified in points b and c of clause 1 of this Article that require hiring consultants to develop an Property Operation Plan, the consulting fees for preparing the Plan shall be advanced from the recurrent expenditure budget of the property management authority and deducted from the proceeds obtained from property operation. The consultancy to develop the Property Operation Plan shall be selected in accordance with law.
3. Proceeds from the operation of inland waterway infrastructure property include:
a) Fees and charges as prescribed by the laws on fees and charges.
b) Proceeds from service fees for using inland waterway infrastructure property and other related revenues from service provision as stipulated by the laws.
c) Proceeds from leasing the right to operate property, transferring right to operate inland waterway infrastructure property for a fixed term.
d) Other proceeds (if any) as stipulated by the laws.
4. During the management, use, and operation of inland waterway infrastructure property, in cases of constructing, installing telecommunications works on inland waterway infrastructure property, the construction and installation shall be carried out in accordance with the telecommunications law; there is no need to develop, approve an operation scheme, and carry out property operation as regulated in this Decree; the proceeds from constructing, installing telecommunications works on inland waterway infrastructure property shall be managed and used in accordance with point b of paragraph 1 of Article 17 of this Decree.
5. In cases of transferring the right to operate, manage inland waterway infrastructure property under a Operation - Management Contract (O&M), during the contract implementation period, the transfer of the right to operate, manage inland waterway infrastructure property shall be carried out in accordance with the PPP laws; it is not necessary to develop, approve an operation scheme, and carry out property operation as regulated in this Decree.
1. The property management authority shall directly organize the operation of inland waterway infrastructure property through the provision of inland waterway infrastructure property service and other proceeds related to the service provision in accordance with law for organizations and individuals in accordance with laws on inland waterway traffic and relevant laws.
a) The property management authority shall directly organize the operation of inland waterway infrastructure property in the following cases:
a) Operation of inland waterway infrastructure property associated with national defense and security.
b) Operation of inland waterway infrastructure property not specified in Point a of this Clause that does not generate proceeds or generates proceeds but not from lease, fixed-term transfer of the right to operate property.
2. Before operation of property in the case specified in Point a of Clause 1 of this Article, a Property Operation Scheme must be prepared and submitted to the competent authority or person for approval as prescribed in Clause 3 of this Article. For operation of property in the case specified in Point b of Clause 1 of this Article, it is not necessary to prepare and approve a Property Operation Scheme.
3. The Scheme for operating inland waterway infrastructure property shall be prepared and approved in accordance with Point a of Clause 1 of this Article.
a) The Prime Minister shall approve the Scheme for operation of inland waterway infrastructure property associated with national defense and security.
b) For property managed by the central property management authority:
The central property management authority shall prepare 01 set of application for approval of the Property Operation Scheme and submit it to the Ministry of Transport. The application includes:
An application form from the property management authority for approval of the Scheme: original copy;
Property Operation Scheme prepared by the property management authority using the Form 02A specified in the Appendix attached to this Decree: original copy;
Opinions of relevant agencies (if any): duplicate copy;
Other relevant documents (if any): duplicate copy;
c) For property managed by the provincial property management authority:
Provincial property management authorities shall prepare 01 set of application for approval of the Property Operation Scheme and submit it to Provincial People's Committees. The application includes:
An application form from the provincial property management authority for approval of the Scheme: original copy;
Property Operation Scheme prepared by the provincial property management authority using the Form 02A specified in the Appendix attached to this Decree: original copy;
The form of summary, explanation, and receipt of opinions from relevant agencies (if any): original copy;
Opinions of relevant agencies (if any): duplicate copy;
Other relevant documents (if any): duplicate copy.
d) For property managed by the district-level property management authority:
District-level property management authorities shall prepare an application for approval of the Scheme for operation of inland waterway infrastructure property, report to the district-level People's Committees for reviewing, and submit to the provincial-level People's Committees. The application submitted to the provincial-level People's Committee includes:
An application form from the district-level People’s Committee for approval of the Scheme: original copy;
An application form from the district-level property management authority for approval of the Scheme: original copy;
Property Operation Scheme prepared by the property management authority using the Form 02A specified in the Appendix attached to this Decree: original copy;
Opinions of relevant agencies (if any): duplicate copy;
Other relevant documents (if any): duplicate copy.
d) Within 30 days from the date of receiving the complete application specified in Points b, c and d of this Clause, the Ministry of Transport (for property under central management) and the Provincial People's Committee (for property under local management) shall consult with relevant agencies and prepare and submit 01 set of application to the Prime Minister for review and approval of the Scheme. The application includes:
The application form from the Ministry of Transport (for property under central management) and the Provincial People's Committees (for property under local management) for approval of the Scheme together with the draft Decision of the Prime Minister on the approval of the Scheme: original copy;
Property Operation Scheme prepared by the property management authority using the Form 02A specified in the Appendix attached to this Decree after completion: original copy;
The form of summary, explanation, and receipt of opinions from relevant agencies (prepared by the Ministry of Transport, the Provincial People's Committee): original copy;
Opinions of relevant agencies (if any): duplicate copy;
The corresponding application specified in Points b, c and dd of this Clause: duplicate copy.
e) The main contents of the Decision on approval of the Property Operation Scheme include:
Name of the property management authority.
b) List of property to be operated (name of the property; address; year of putting into use; basic parameters (volume, length, etc.); area; original price, residual value (if any); status of use of the property);
Operation forms: The property management authority shall directly organize the operation.
Property operation period (if any);
Powers, responsibilities of the inland waterway regulatory authority;
Rights, obligations of the inland waterway regulatory authority;
Management and use of proceeds from property operation;
Organization responsibility.
4. Pursuant to the Decision approving the Scheme for operation of inland waterway infrastructure property of the competent authority or person, the property management authority shall provide inland waterway infrastructure property services and other services related to inland waterway infrastructure property to organizations and individuals in accordance with laws on inland waterway traffic and relevant laws, the approved Project and regulations in Clause 5 of this Article.
5. The district-level property management authority shall directly organize the operation of inland waterway infrastructure property:
a) Based on the actual situation in the local area, the district-level property management authority shall submit to the district-level People's Committee for submitting to the provincial-level People's Committee for reviewing and deciding on directly organizing the operation of inland waterway infrastructure property by outsourcing tasks as prescribed in Point b, Point c of this Clause or directly organizing the operation as prescribed in Clause 3, Clause 4 of this Article.
b) The district-level property management authority shall outsource one or several tasks for contract execution in the process of using and operating the following property to organizations, units, and individuals:
Property operation;
Property maintenance;
Collection of fees for using inland waterway infrastructure and other proceeds related to the service provision as prescribed in law;
Other tasks related to the use and operation of property.
c) The outsourcing of use and operation of inland waterway infrastructure property as prescribed in Point b of this Clause shall be carried out as follows:
The head of the district-level property management authority shall decide on the outsourcing of tasks and price unit for each task in the process of using and operating property as prescribed in Point b of this Clause;
The district-level property management authority shall: Select organizations, units and individuals to receive the allocation for contract execution in accordance with laws on Auction; sign the outsourcing contract in accordance with law; inspect and supervise the implementation of the contract and commissioning and payment of the contracted fees.
d) The task outsourcing of the property management authority as prescribed in Point b and Point c of this Clause shall not apply to property operation directly organized by the central property management authority or provincial property management authority.
6. During the operation of inland waterway infrastructure property, the arising materials repossessed shall be disposed of in accordance with the regulations on handling materials repossessed from property liquidation in this Decree.
Article 14. Lease of right to operate inland waterway infrastructure property
1. Lease of the right to operate inland waterway infrastructure property means the act of the State transferring the right to operate inland waterway infrastructure property to an organization under contract for a fixed term to receive a corresponding amount of money.
2. The scope of inland waterway infrastructure property leased for operation is the existing inland waterway infrastructure property or part of it.
3. The right to operate the following inland waterway infrastructure property shall not be leased:
a) Inland waterway infrastructure property associated with national defense and security.
b) Inland waterway infrastructure property that does not generate proceeds from operation.
c) Inland waterway infrastructure property falling under the regulations of clause 1, clause 2 of Article 15 of this Decree.
4. The lease term for the right to operate inland waterway infrastructure property shall be determined appropriately for each inland waterway infrastructure property or part thereof and shall be approved by the competent authority as stipulated in clause 5 of this Article in the Decision approving the Scheme for leasing the right to operate property.
5. The authority to approve the Scheme for leasing the right to operate inland waterway infrastructure property:
a) The Minister of Transport shall approve the Scheme for leasing the right to operate inland waterway infrastructure property managed by the central property management authority.
b) The Provincial People's Council shall approve or delegate the authority to approve the Scheme for leasing the right to operate inland waterway infrastructure property managed by the provincial property management authority, district-level property management authority.
6. Preparation, approval of the Scheme for leasing the right to operate inland waterway infrastructure property under the approval authority of the Minister of Transport:
a) The central property management authority shall prepare and submit 01 set of application for approval of the Scheme for leasing the right to operate inland waterway infrastructure property to the Ministry of Transport. The application includes:
An application form from the property management authority for approval of the Scheme: original copy;
Scheme for leasing the right to operate inland waterway infrastructure property prepared by the property management authority using the Form 02B specified in the Appendix attached to this Decree: original copy;
Opinions of relevant agencies (if any): duplicate copy;
Other relevant documents (if any): duplicate copy.
Within 30 days from the date of receiving the complete application specified in point a of this clause, the Minister of Transport shall review and approve Scheme for leasing the right to operate inland waterway infrastructure property or shall have a written response in case the Scheme is not appropriate.
7. Preparation, approval of the Scheme for leasing the right to operate inland waterway infrastructure property under the approval authority of the competent authorities, persons specified in Point b of Clause 5 of this Article:
a) For property managed by the provincial property management authority:
The provincial property management authority shall prepare 01 set of application for approval of the Scheme for leasing the right to operate inland waterway infrastructure property and report to competent authorities, persons specified in point b of clause 5 of this Article. The application includes:
An application form from the provincial property management authority for approval of the Scheme: original copy;
Scheme for leasing the right to operate inland waterway infrastructure property prepared by the property management authority using the Form 02B specified in the Appendix attached to this Decree: original copy;
The form of summary, explanation, and receipt of opinions from relevant agencies (if any): original copy;
Opinions of relevant agencies (if any): duplicate copy;
Other relevant documents (if any): duplicate copy.
b) For property managed by the district-level property management authority:
The district-level property management authority shall prepare 01 set of application for approval of the Scheme for leasing the right to operate inland waterway infrastructure property and report to the district-level People's Committee for review and approval under its jurisdiction or report to competent authorities or persons for review and approval. The application includes:
An application from the district-level property management authority for approval of the Scheme: original copy;
Scheme for leasing the right to operate inland waterway infrastructure property prepared by the property management authority using the Form 02B specified in the Appendix attached to this Decree: original copy;
The form of summary, explanation, and receipt of opinions from relevant agencies (if any): original copy;
Opinions of relevant agencies (if any): duplicate copy;
Other relevant documents (if any): duplicate copy.
c) Within 30 days from the date of receiving the complete application specified in point a, point b of clause 5 of this Article, the competent authority, person specified in of clause 5 of this Article shall review and approve Scheme for leasing the right to operate inland waterway infrastructure property, or shall have a written response in case the Scheme is not appropriate.
8. The main contents of the Decision on approval of the Scheme for leasing the right to operate property include:
a) Name of the property management authority.
b) List of property to be leased out for operation (name of the property; address; year of putting into use; basic parameters (volume, length, etc.); area; original price, residual value (if any); status of use of the property);
c) Lease term of right to operate property.
d) Method of lease of right to operate property: Auction.
dd) Conditions for organizations to participate in the auction of leasing the right to operate property.
e) Rent payable payment method of the right to operate the property (annual payment or one-time payment for the entire lease term).
g) The deadline for rent payment of right to operate property.
h) Management and use of proceeds from leasing the right to operate property;
i) Powers, responsibilities of the inland waterway regulatory authority;
k) Rights, obligations of the inland waterway regulatory authority;
l) Organization responsibility.
9. Pursuant to the Decision approving the Scheme for leasing the right to operate inland waterway infrastructure property of the competent authority, person:
a) The property management authority shall determine the starting rent of the right to operate property in accordance with Article 16 of this Decree.
The starting rent of the right to operate property for auctioning is the total amount of rent of right to operate property as regulated in Article 16 of this Decree for the entire lease term.
b) The property management authority shall organize the auctioning of the right to operate property in accordance with laws on property auction; fully supervise the process of organizing the auction and implementing rights, obligations of other individuals having property auctioned in accordance with Law on Property Auction.
c) In addition to the conditions stipulated in the laws on property auctions (except for cases of leasing the right to operate inland waterway infrastructure property that is technical infrastructure works (such as power lines, cables, pipelines), advertising billboards, and other structures installed in the inland waterway infrastructure, and inland waterway safety corridors in accordance with the regulations of the laws on inland waterway traffic), organizations participating in the auction of the right to operate property must also meet the following conditions:
Have functions, tasks, or business lines according to the Decision of establishment or Business registration certificate, Certificate of Enterprise Registration that are appropriate for managing, operating inland waterway infrastructure property listed for leasing the right to operate.
Have the experience, capacity for management and operation of similar inland waterway works for a minimum of 02 years up to the time of submitting applications for participation in the auction;
Have financial capacity demonstrated through minimum pre-tax revenue and profit targets for the last 02 consecutive years according to the audited Financial statements (for organizations) or according to the appraised, approved Budget statements (for public service providers) as regulated. The property management authority shall determine specific pre-tax revenue and profit targets to include in the Scheme for leasing the right to operate property which shall then be submitted to the competent authority, person for approval.
10. Conclusion of the lease contract of the right to operate inland waterway infrastructure property and attached appendix (if any). The lease contract of the right to operate inland waterway infrastructure property includes:
a) Information of the Lessor (property management authority).
b) Information of the Lessee (successful bidder).
c) List of property to be leased out for operation (name of the property; address; year of putting into use; basic parameters (volume, length, etc.); area; original price, residual value (if any); status of use of the property);
d) Lease term of right to operate property.
dd) Revenue from property operation each year within the lease term in the starting price scheme for auction (hereinafter referred to as reconciliation revenue).
e) Rent.
g) Form and deadline for rent payment of right to operate property. Where:
In the case of leasing the right to operate with annual rent payments, payment must be made once a year no later than March 31 of the following year. The Lessee shall, pursuant to Article 1 of this Decree, determine and pay annual rent; in cases where the financial statement has not been audited (for organizations) or the budge statement has not been approved, appraised (for public service providers) at the time of annual rent payment as regulated, the Lessee shall make temporary payments based on the Lessee's settlement revenue; within 30 days from the date the financial statement is audited as regulated, the Lessee shall make additional payments (in case the temporary payment amount is less than the required amount), deducting any excess payment (in case the temporary payment amount is more than the required amount) from the next year's rent payment. If the term in the first and last year is not a full 12 months, the rent for the first and last years shall be calculated based on the number of months leased according to that year's contract; in the case of the end of the lease term without having the financial statement of the last year audited (for organizations) or the budget statement approved, appraised (for public service providers) as regulated, the payment amount for the last year shall be based on the actual revenue determined by the Lessee and the Lessor but not less than the corresponding rent of the year before the last year.
In the case of rent of the right to operate property with a one-time payment for the entire lease period, the rent shall be paid a maximum of 02 times within 90 days from the contract conclusion date, where the first payment must be at least 50% of the rent within 30 days from the contract conclusion date; in case the rent exceeds 1.000 billion VND, it shall be paid a maximum of 03 times within 12 months from the contract conclusion date, where the first payment must be at least 40% of the rent within 60 days from the contract conclusion date, the second payment must be at least 30% of the rent within 120 days from the contract conclusion date.
h) The deposit amount to ensure the contract's performance (in addition to the rent as per the contract): The Lessee shall deposit the amount into a frozen account at a credit institution. The deadline for depositing into the frozen account is 15 days from the date the contract is signed. The deposit period shall correspond with the lease term of right to operate property. The deposit amount shall be 5% of the total rent for the entire lease term based on the hammer prices.
For cases of termination of the lease contract of the right to operate property where the Lessee has not fulfilled obligations (such as paying the rent, breaching the contract related to returning the property to the Lessor), the deposit amount shall be used to offset the obligations that the Lessee must pay for uncompleted obligations, and any remaining amount (if any) shall be handled according to civil laws.
i) Responsibilities, technical maintenance requirements for the works belonging to the inland waterway infrastructure property and other necessary contents related to maintenance.
k) Deadline for the Lessor to transfer the right to operate property to the Lessee; deadline for the Lessee to return the right to operate property to the Lessor.
l) Handling cases where the actual revenue from operation significantly fluctuates compared to the reconciliation revenue in the case of leasing the right to operate property with a one-time rent payment for the entire lease period:
Annually, if the actual revenue from operating the leased property (according to the audited Financial Statements (for organizations) or the approved, appraised Budget Statements (for public service providers) as regulated) exceeds the reconciliation revenue by 125% or more, the Lessee must make an additional payment of 50% of the additional revenue above 125% into a escrow account as regulated in Article 2 of this Decree; wherein, the reconciliation revenue is the revenue from property operation of the corresponding year of the lease term in the starting price scheme for auction;
The Lessor and the Lessee shall rely on the audited Financial Statements (for organizations) or the approved, appraised Budget Statements (for public service providers) to determine the additional amount the Lessee must pay (if any) into the escrow account, based on which the Lessor shall inform the competent authority to approve the Scheme for leasing the right to operate property as stipulated in clause 5 of this Article, the escrow account holder as regulated in point a of clause 2 of Article 17 of this Decree, and the Lessee for monitoring, collecting, transferring, and managing the amount. The deadline for determination, notification, and deposit into the escrow account is within 30 days from the date of receiving the notification from the Lessor, with the latest deadline being October 31 of the following year related to the year of additional revenue occurrence; particularly, in the final year, the payment must be made before the contract is settled.
m) Conditions for contract termination.
n) Rights and obligations of the parties.
o) Handling of contract violations, resolution of contract disputes according to civil laws and related laws.
p) Handling of cases of state-funded projects for upgrades, renovations, or expansions of property within the lease term approved by the competent authority, person.
The signed lease contract of the right to operate inland waterway infrastructure property and the attached appendices (if any) are sent to the escrow account holder as regulated in point a of clause 2 of Article 17 of this Decree for monitoring and managing the proceeds obtained from leasing the right to operate property.
11. Rights of the Lessee:
a) Organize property operation in accordance with law and the signed contract.
b) Determine the method, measures for property operation ensuring compliance with laws on inland waterway traffic operations and the signed contract.
c) Enjoy legal protection of rights and interests by the State; file complaints, lawsuits according to regulations if lawful rights and interests are infringed upon.
d) Collect inland waterway infrastructure property service fees and other related proceeds according to law and the signed contract.
dd) Renovate, upgrade, add functions to the leased property using Lessee's funds to serve management, operation purposes, if approved by the competent authority as stipulated in clause 5 of this Article. After the contract ends, the Lessee must return the property in its original condition, including any upgraded, renovated, or added functions (if any), to the Lessor without reimbursement.
e) Other rights as stipulated by law and the signed contract.
12. Obligations of the Lessee:
a) Protect the leased property (including land, water surface attached to the works, work items); prevent encroachment or illegal use of property and other violations as per regulations.
In case a construction incident occurs, the Lessee shall promptly notify the Lessor to take measures in accordance with laws on inland waterway traffic and relevant laws.
b) Use and operate the property for the right purpose and tasks of the property; do not change the use purpose, transfer, sell, donate, contribute capital, mortgage the property or use the property to implement measures to ensure the performance of other civil obligations.
c) Perform maintenance of the works belonging to the property in accordance with the signed contract and law.
d) Pay the rent of the right to operate property (including any additional payments as per point l of clause 10 of this Article) in full, on time as stipulated; in case of late payment, the Lessee must pay a contractual penalty equivalent to the late payment amount determined by tax administration laws.
dd) Annually, report the revenue from operating the leased property long with the audited Financial Statements as per regulations, to the Lessor.
e) Be put under inspection, supervision by the Lessor; resolve any arising issues with the Lessor (if any).
g) Return the property at the end of the lease term and in cases as specified in clauses 17, 18 of this Article.
h) Periodically or unexpectedly, as per the contract requirements, inform the Lessor about the property status to ensure safe and smooth inland waterway traffic operations.
i) Fulfill other obligations as per the signed contract and the law.
13. The property management authority, the inland waterway management authority, shall inspect and supervise the implementation of the Scheme for leasing the right to operate inland waterway infrastructure property, fulfill obligations and responsibilities in accordance with law; promptly handle violations, issues that arise under their jurisdiction, or report to the competent authority for resolution as per the law.
14. Proceeds from leasing the right to operate inland waterway infrastructure property are managed, used as per the regulations in Article 17 of this Decree.
15. Upon the expiration of the lease term for the right to operate inland waterway infrastructure property according to the contract, the Lessee shall:
a) Transfer back the right to property to the Lessor from the end date of the contract's term or the end of any extended term stipulated in clause 19 of this Article (if any), even if the contract finalization is not completed, or the property are not returned to the Lessor.
b) Cooperate with the Lessor in conducting inventory, determining the condition of the property; the inventory, determining the condition of the property must be documented.
c) Rectify any damages (if any) to the property.
d) Cooperate with the Lessor in contract finalization as per regulations after rectifying any damages (if any) to the property, completing the rent payment of the right to operate property (including any additional payments as specified in point 1 of clause 10 of this Article) for which the Lessee has provided written assurance that the property is not under seizure, mortgage, or used to fulfill other debt obligations.
dd) Return the property to the Lessor.
e) Receive the specified deposit amount as per point h of clause 10 of this Article. If the Lessee has not completed the rent payment of the right to operate property at the end of the lease term, the deposit amount shall be used to offset the obligations that the Lessee must pay, with any remaining amount (if any) handled as per civil laws.
16. Upon the expiration of the lease term for the right to operate inland waterway infrastructure property according to the contract, the Lessee shall:
a) Receive, manage, use, and operate the property as per the regulations of this Decree from the moment the Lessee transfers back the right to operate property as per point a of clause 15 of this Article.
b) Perform property maintenance as per the regulations of this Decree from the moment the Lessee transfers back the right to operate property as per point a of this clause (excluding the time when the Lessee must rectify property damages as per regulations).
17. In case of force majeure or if the State appropriates land, water surface attached to inland waterway infrastructure property for national defense, security, and socio-economic development purposes in the public interest according to land laws before the lease term expires according to the contract, the parties shall terminate the contract prematurely. The Lessee shall be refunded the corresponding value for the remaining time (if any) of the paid rent according to the contract and the deposit amount as specified in point h of clause 10 of this Article; the Lessor shall take charge and cooperate with the Lessee in determining and submitting the refundable portion for the Lessee (if any) to the competent authority, person as stipulated in clause 5 of this Article for approval; the refund amount shall be allocated to the state budget recurrent expenditure estimate of the Lessor for implementation; the refund procedure shall be carried out as per state budget laws. Other contents shall follow the regulations of clauses 15, 16 of this Article.
18. Contract breaches, contract disputes shall be handled in accordance with the signed contract, civil laws, and relevant laws. For cases of early termination due to contract breaches, contract disputes, the termination procedures shall be carried out as stipulated in clauses 15, 16 of this Article.
19. For state-funded projects for upgrades, renovations, or expansions of property within the lease term approved by the competent authority, person, the property management authority shall implement regulations of state budget laws, public investment laws, inland waterway traffic laws, and related laws. The Lessee shall be refunded the corresponding value for the rent paid according to the contract (or shall not have to pay annual rent) due to the absence of income during the property upgrade, renovation, and expansion period, or extending the contract time corresponding to the time required to hand over the property to the property management authority for the upgrades, renovations, or expansions. The Lessor shall take charge and cooperate with the Lessee in the determination of the refundable portion to the Lessee (if any) or the extension of the corresponding contract term and submit to the authority or person with competence to approve the Scheme for leasing the right to operate property specified in Clause 5 of this Article for decision. The refund amount shall be allocated to the state budget recurrent expenditure estimate of the Lessor for implementation; the refund procedure shall be carried out as per state budget laws. Other contents shall follow the regulations of clauses 15, 16 of this Article.
Article 15. Fixed-term transfer of the right to operate inland waterway infrastructure property
1. Fixed-term transfer of the right to operate inland waterway infrastructure property is when the State transfers the right to operate property to an enterprise for a fixed term linked to investment in upgrading, expanding existing inland waterway infrastructure property as per a project approved by the competent authority, person to receive a corresponding amount as per the contract.
2. The scope of the fixed-term transfer of the right to operate inland waterway infrastructure property includes the inland waterway infrastructure property or a part of the existing inland waterway infrastructure property approved by the competent authority for investment in upgrade and expansion.
3. The right to operate inland waterway infrastructure property that is associated with national defense and national security and that does not generate proceeds from operation is not eligible to be transferred for a fixed term.
4. The specific transfer term of the right to operate inland waterway infrastructure property is determined in each transfer contract, suitable for each inland waterway infrastructure property (or part of the property) approved by the competent authority, person as specified in clause 5 of this Article in the Decision approving the Scheme for fixed-term transfer of the right to operate property.
5. The authority to approve the Scheme for fixed-term transfer of the right to operate inland waterway infrastructure property:
a) The Minister of Transport shall approve the Scheme for fixed-term transfer of the right to operate inland waterway infrastructure property managed by the central property management authority.
b) The Provincial People's Council shall approve or delegate the authority to approve Scheme for fixed-term transfer of the right to operate inland waterway infrastructure property managed by the provincial property management authority, district-level property management authority.
6. Preparation, approval of the Scheme for fixed-term transfer of the right to operate inland waterway infrastructure property under the approval authority of the competent authorities, persons specified in Point a and Point b of Clause 5 of this Article is carried out as stipulated in clauses 6 and 7 of Article 14 of this Decree. The Scheme for fixed-term transfer of the right to operate property shall be prepared using the Form 02C specified in the Appendix attached to this Decree.
7. The main contents of the Decision on approval of the Scheme for fixed-term transfer of the right to operate property include:
a) Name of the property management authority.
b) List of property transferred with operation rights (name of the property; address; year of putting into use; basic parameters (volume, length, etc.); area; original price, residual value (if any); status of use of the property).
c) Basic content of the Project for investment in upgrading and expanding the property approved by the competent authority, person.
d) Transfer term of right to operate property.
dd) Method of fixed-term transfer of the right to operate property: Auction.
e) Conditions for enterprises participating in the auction to receive the fixed-term transfer of the right to operate property.
g) Method, deadline for payment of the fixed-term transfer of the right to operate property.
h) Powers, responsibilities of the inland waterway regulatory authority;
i) Rights, obligations of the inland waterway management authority;
k) Management and use of proceeds from fixed-term transfer of the right to operate property;
i) Implementation.
8. Pursuant to the Decision approving the Scheme for fixed-term transfer of the right to operate inland waterway infrastructure property of the competent authority, person:
a) The property management authority shall determine the starting price for the fixed-term transfer of the right to operate property in accordance with Article 16 of this Decree.
b) The property management authority shall organize the auctions for fixed-term transfer of the right to operate property in accordance with laws on property auction; fully supervise the process of organizing the auction and implementing rights, obligations of other individuals having property auctioned in accordance with Law on Property Auction.
c) Enterprises participating in the auction for fixed-term transfer of the right to operate property must meet the conditions specified in laws on property auction and the following conditions:
Engage in a business line stated on the Business registration certificate, Certificate of Enterprise Registration that is suitable for managing and operating the inland waterway infrastructure property listed for the fixed-term transfer of the right to operate.
Have the experience, capacity for management and operation of similar inland waterway works for a minimum of 02 years up to the time of submitting applications for participation in the auction.
Have financial capacity demonstrated through minimum pre-tax revenue and profit target for the last 02 consecutive years according to the audited Financial statements (for organizations). The property management authority shall determine specific pre-tax revenue and profit targets to include in the Scheme for fixed-term transfer of the right to operate property which shall then be submitted to the competent authority, person for approval;
The minimum owner’s equity ratio of the enterprise must be 15% of the total investment of the investment project to upgrade, expand the inland waterway infrastructure property approved by the competent authority, person.
9. Conclusion of the fixed-term transfer contract of the right to operate inland waterway infrastructure property and attached appendix (if any). The fixed-term transfer contract of the right to operate inland waterway infrastructure property includes:
a) Information of the Transferor (property management authority).
b) Information of the transferee (successful bidder).
c) List of property transferred operation rights (name of the property; address; year of putting into use; basic parameters (volume, length, etc.); area; original price, residual value (if any); status of use of the property).
d) Transfer term of right to operate property.
d) Revenue from property operation in the starting price scheme for auction (hereinafter referred to as reconciliation revenue).
e) Contract value (according to hammer prices).
g) Deadline for payment of the fixed-term transfer (transfer value) of the right to operate property.
The transfer price shall be paid in a maximum of 02 times within 90 days, in which the first payment is at least 50% of the price within 30 days from the date of signing the contract; if the value is over 1,000 billion VND, it shall be paid in a maximum of 03 times within 12 months from the date of signing the contract, in which the first payment is at least 40% of the price within 60 days, and the second payment is at least 30% of the price within 120 days from the date of signing the contract.
h) The deposit amount to ensure the contract's performance (in addition to the transfer price as per the contract): The deposit amount is equal to 5% of the total transfer price that the transferee deposits into a frozen account at a credit institution. The deadline for depositing into the blocked account is 15 days from the date the contract is signed. The deposit period shall correspond with the transfer term of right to operate property.
For cases of termination of the fixed-term transfer contract of the right to operate property where the Transferee has not fulfilled obligations (such as paying the transfer price, breaching the contract related to returning the property to the Transferor), the deposit amount shall be used to offset the obligations that the Transferee must pay for uncompleted obligations mentioned above, and any remaining amount (if any) shall be handled according to civil laws.
i) Responsibilities for upgrading and expanding according to the approved project; maintenance technical requirements for the property, and other necessary related maintenance.
k) Deadline for the Transferor to transfer the right to operate property to the Transferee; deadline for the Transferee to return the right to operate property to the Transferor.
l) Handling cases where the actual revenue from operation significantly fluctuates compared to the reconciliation revenue:
Annually, if the actual revenue from operating the property whose right to operate is transferred (according to the audited Financial Statements) exceeds the reconciliation revenue by 125% or more, the Transferee must make an additional payment of 50% of the additional revenue above 125% into a escrow account as regulated in Article 2 of Article 17 of this Decree; wherein, the reconciliation revenue is the revenue from property operation of the corresponding year of the lease term in the starting price scheme for auction;
The Transferor and Transferee shall rely on the audited Financial Statements to determine the additional amount that the Transferee must pay (if any) into the escrow account, based on which the transferor shall inform the competent authority to approve the Scheme for fixed-term transfer of the right to operate property as stipulated in clause 5 of this Article, the escrow account holder as regulated in point a of clause 2 of Article 17 of this Decree, and the transferee for monitoring, collecting, transferring, and managing the amount. The deadline for determination, notification, and deposit into the escrow account is within 30 days from the date of receiving the notification from the Transferor, with the latest deadline being October 31 of the following year related to the year of additional revenue occurrence; particularly, in the final year, the payment must be made before the contract is settled.
m) Conditions for contract termination.
n) Rights and obligations of the parties.
o) Handling of contract breaches, resolution of contract disputes according to civil laws and other related laws.
The signed fix-term transfer contract of the right to operate inland waterway infrastructure property and the attached appendices (if any) are sent to the escrow account holder as regulated in point a of clause 2 of Article 17 of this Decree for monitoring and managing the proceeds obtained from leasing the right to operate property.
10. Rights of the Transferee:
a) Organize property operation in accordance with laws and the signed contract.
b) Determine the method, measures for property operation ensuring compliance with laws on inland waterway traffic and the signed contract.
c) Enjoy legal protection of rights and interests by the State; file complaints, lawsuits according to regulations if lawful rights and interests are infringed upon.
d) Receive incentive policies, investment incentives according to laws on investment and relevant laws.
dd) Mortgage the property invested by the Transferee and the right to operate the property in the remaining time of term according to civil laws and relevant laws.
e) Collect inland waterway infrastructure property service fees and other services related hereto according to law and the signed contract.
g) Other rights as stipulated by law and the signed contract.
11. Obligations of the Transferee:
a) Protect the property whose right to operate is transferred for a fixed term (including land, water surface attached to the works, work items); prevent encroachment or illegal use of property and other violations as per regulations.
In case a construction incident occurs, the Transferee shall promptly inform the Transferor to take measures in accordance with laws on inland waterway traffic and relevant laws.
b) Use and operate the property for the right purpose and tasks of the work; do not change the use purpose, transfer, sell, donate, contribute capital using, mortgage the property or use the property transferred for a fixed term.
c) Invest in projects for upgrading and expanding property approved by competent authorities and persons.
d) Perform the obligations prescribed in Points c, d, dd, e, g, h and I of Clause 12 of Article 14 of this Decree.
12. The property management authority, the inland waterway management authority, shall inspect and supervise the implementation of the Scheme for fixed-term transfer of the right to operate inland waterway infrastructure property approved by competent authority, person, execute rights and obligations in accordance with law; promptly handle violations, issues that arise under their jurisdiction, or report to the competent authority for resolution as per the law.
13. Proceeds from fixed-term transfers of the right to operate inland waterway infrastructure property are managed, used as per the regulations in Article 17 of this Decree.
14. At the end of the term of the transfer of the right to operate the asset under the contract:
a) The Transferee shall implement the regulations of Clause 15 of Article 14 of this Decree.
b) The Transferor shall implement the regulations of Clause 16 of Article 14 of this Decree.
15. In case of force majeure or if the State appropriates land, water surface attached to inland waterway infrastructure property for national defense, security, and socio-economic development purposes in the public interest according to land laws before the transfer term expires according to the contract, the parties shall terminate the contract prematurely.
Based on the progress of the investment project approved by the competent authority, the actual construction work that has been completed, and the transferred operation rights value already paid for the remaining time as per the contract, the transferee shall be refunded the corresponding price for the remaining time (if any) as per the contract and the deposit amount as specified in point h of clause 9 of this Article; the Transferor shall take charge and cooperate with the Transferee in determining and presenting the refundable portion for the Transferee (if any) to the authority, person with competence to approve the Scheme for fixed-term transfer of the right to operate property as stipulated in clause 5 of this Article for approval; the refund amount shall be allocated to the state budget recurrent expenditure estimate of the Transferor for implementation; the refund procedure shall be carried out as per state budget laws. Other contents shall comply with the regulations of clause 14 of this Article.
16. Contract breaches, contract disputes shall be handled in accordance with the signed contract, civil laws, and relevant laws. For cases of early termination due to contract breaches, contract disputes, the termination procedures shall be carried out as stipulated in clause 14 of this Article.
1. The rent, fixed-term transfer price of the right to operate inland waterway infrastructure property, is the amount of money that the organization renting the right to operate property, the enterprise receiving the fixed-term transfer of the right to operate property, must pay to the State based on the hammer prices to obtain the right to operate property as per the signed contract. In the case of leasing the right to operate with annual rent payments, the rent for each year shall be determined as follows:
|
Rent of the right to operate property in year n |
= |
Rent ratio (%) |
x |
Actual revenue in year n |
Where:
|
Rent ratio (%)
|
=
|
Total hammer prices |
X
|
100%
|
|
Estimated total revenue for the entire lease term in the starting price scheme |
Actual revenue in year n shall be determined in accordance with the audited Financial statements (for organizations) or according to the appraised, approved Budget statements (for public service providers) as regulated.
2. The starting price for auctioning the lease, the fixed-term transfer of the right to operate inland waterway infrastructure property, is the lowest initial price. Authorities, persons with competence to approve the Scheme for lease, fixed-term transfer of the right to operate inland waterway infrastructure property as stipulated in clause 5 of Article 14 and clause 5 of Article 15 of this Decree are those with competence to approve the starting price for auctioning.
3. Grounds for determining the starting price for auctioning the lease of the right to operate inland waterway infrastructure property include:
a) Rent of the right to operate property on the market of property of the same type or with the same technical standards, quality, and usability at the specified time (if any).
b) Estimated revenue, estimated costs from property operation during the lease term.
c) Valuation certificates and valuation report of the valuation enterprises as regulated by price laws or the price determination results of the Price Determination Council as stipulated in clause 5 of this Article. The use of valuation certificates and valuation reports of valuation enterprises shall be carried out in accordance with laws on prices.
4. Grounds for determining the starting price for auctioning the fixed-term transfer of the right to operate inland waterway infrastructure property include:
a) Additional investment by project on upgrade, expansion of property approved by the competent authority, person.
Wherein, the additional investment value is the part of the value that the enterprise receiving the fixed-term transfer of the right to operate property shall implement with its own funds according to the project approved by the competent authority, person.
b) Estimated revenue, estimated costs from property operation during the transfer term.
c) Valuation certificates and valuation report of the valuation enterprises as regulated by price laws or the price determination results of the Price Determination Council as stipulated in clause 5 of this Article. The use of valuation certificates and valuation reports of valuation enterprises shall be carried out in accordance with laws on prices.
5. Determination of the starting price for auctioning the lease, fixed-term transfer price of the right to operate inland waterway infrastructure property:
a) The property management authority shall hire a valuation enterprise for the valuation of the leased, fixed-term transferred property operation right, or establish a Council for determination of rent, fixed-term transfer price of the right to operate property. The Price Determination Council includes: The head of the property management authority or the authorized person acting as the Chairman; other members, including: Representatives of specialized departments related to the property management authority; representatives of the Department of Finance where the property are located (for property under central management, under provincial management); representatives of the Department of Finance and Planning (for property under district-level management); representatives of other relevant agencies (if any).
b) The property management authority shall determine the starting sent of the right to operate property, the fixed-term transfer price of the right to operate inland waterway infrastructure property according to clauses 3, 4 of this Article, prepare and submit a set of documents, to the competent authority, person specified in clause 2 of this Article for approval of the starting price for auctioning. The application includes:
An application from the property management authority for approval of the starting price: original copy;
Documents related to grounds for determining the starting price as stipulated in clauses 3, 4 of this Article: duplicate copy.
c) In the Decision approving the starting price for auctioning the lease, fixed-term transfer of the property operation right, the estimated annual revenue must be determined in the starting price scheme to serve as reconciliation revenue in cases specified in point l of clause 10 of Article 14 and point l of clause 9 of Article 15 of this Decree.
6. If auctioning of the lease or fixed-term transfer of the right to operate inland waterway infrastructure property is unsuccessful, after two unsuccessful auctions, the property management authority shall review the causes and propose solutions, report to the authority person with competence to approve the Scheme for lease or fixed-term transfer of the right to operate inland waterway infrastructure property for review and decision on whether to continue the auction or change the existing operation method to the method in which the property management authority shall directly organize the operation of inland waterway infrastructure property as follows:
a) In case of continuing the auction for the lease or fixed-term transfer of the right to operate inland waterway infrastructure property , if the reason for the unsuccessful auction is determined to be due to the starting rent of the right to operate property, the starting fixed-term transfer price of the right to operate property being high and no longer in line with the regulations on determining the starting price as stipulated in this Article, the starting price shall be re-determined in accordance with the regulations of clauses 2, 3, 4, and 5 of this Article.
b) Case of changing the existing operation method to the method in which the property management authority shall directly organize the operation of inland waterway infrastructure property shall comply with Article 13 of this Decree.
7. Pursuant to regulations of this Decree, if there are difficulties or obstacles during the implementation that require specific guidance, the Ministry of Transport shall provide guidance on determining the starting price for auctioning the lease or fixed-term transfer of the right to operate inland waterway infrastructure property .
Article 17. Management, use of proceeds from operation of inland waterway infrastructure property
1. For cases where the property management authority directly organizes the operation of inland waterway infrastructure property specified in point a of clause 1 of Article 12, Article 13 of this Decree:
a) Proceeds from operation of inland waterway infrastructure property that are fees, charges are managed and used in accordance with the laws on fees, charges, laws on state budget, and related laws.
b) Proceeds from the operation of inland waterway infrastructure property that are proceeds from inland waterway infrastructure property service and other proceeds specified in point b of clause 3 of Article 12 of this Decree (including from the construction and installation of telecommunications works on the inland waterway infrastructure property) are managed and used according to the financial mechanism applicable to property management authorities as stipulated in clause 2 of Article 85 of the Law on Management and Use of Public Property.
2. For cases of operation of inland waterway infrastructure property in accordance with Article 14, Article 15 of this Decree:
c) Proceeds from the lease of the right to operate property, fixed-term transfer of the right to operate inland waterway infrastructure property (including any late payment interests) shall be transferred into a escrow account at the State Treasury, with the agency specified below being the account owner:
The Ministry of Transport shall assign 01 of its affiliated units to be the account owner for property managed by the central property management authority;
The provincial, district-level People's Committees shall assign the corresponding level public property management authority to be the account owner for property managed by the provincial, district-level property management authority.
b) Expenditures:
costs related to the preparation, submission, approval of the Scheme for the lease, the fixed-term transfer of the right to operate property; inventory, determination of the starting price, organization of the auction for lease, the fixed-term transfer of the right to operate property; conservation, protection of property during the selection of the organization, enterprise for operation; management of the lessor, transferor during the contract period; other relevant costs.
c) The cost estimate related to the operation of inland waterway infrastructure property shall be prepared by the property management authority, submitted to the head of the property management authority for approval, after receiving the opinion of the escrow account holder.
d) The expenditure used as grounds for preparing cost estimates, payment procedures related to the operation of inland waterway infrastructure property shall comply with clauses 4, 5, 6, and 7 of Article 24 of this Decree.
dd) Every 6 months (at the latest on June 30 and December 31), the escrow account holder shall transfer the remaining proceeds from the operation of inland waterway infrastructure property(after completing the payment of costs specified in points c, d of this clause deducted from the escrow account) to the state budget (the central government budget for proceeds from property under central management, the local government budget for proceeds from property under local management) in accordance with laws on the state budget.
e) The proceeds deposited into the state budget is prioritized for allocation in the public investment plan, the state budget expenditure estimate for new construction, upgrading, renovation, expansion, and development of inland waterway infrastructure property according to the laws on the state budget, public investment, and related laws.
Section 4. HANDLING OF INLAND WATERWAY INFRASTRUCTURE PROPERTY
Article 18. Forms of disposal of inland waterway infrastructure property
1. Repossession.
2. Transfer.
3. Transfer to administrative divisions for management and disposal
4. Liquidation.
5. Handling of property if it is lost or damaged.
6. Other forms as prescribed in law or the Prime Minister’s decisions.
Article 19. Repossession of inland waterway infrastructure property
1. The inland waterway infrastructure property shall be repossessed in the following cases:
a) When there are changes in planning, management hierarchy.
b) Property that has been assigned but are no longer needed for use as inland waterway infrastructure property.
c) Property assigned to the wrong entity, used for the wrong purpose, or leased out.
d) Other cases as stipulated by the laws.
2. The authority to withdraw inland waterway infrastructure property:
a) The Minister of Transport shall decide to withdraw the inland waterway infrastructure property under central management.
b) The provincial, district-level People's Committees shall decide to withdraw inland waterway infrastructure property managed by the same-level property management authorities.
3. The repossessed inland waterway infrastructure property shall be disposed in the following forms:
a) Transfer.
b) Transfer to local management for management and disposal.
4. The procedures for repossessing inland waterway infrastructure property (except for cases specified in clause 5 of this Article):
a) The property management authority shall prepare an application for property repossession, report to the superior managing authority (if any) which shall then be submitted to the competent authority, person as stipulated in clause 2 of this Article. The application includes:
An application from the property management authority for approval of the property repossession: original copy;
Document from the superior managing authority (if any) of the property management authority regarding property repossession: original copy;
List of property proposed for repossession using Form 01B in the Appendix issued with this Decree: original copy;
Other relevant documents (if any): 01 duplicate copy.
b) Within 30 days from the date of receiving the complete application specified in point a of this Clause, the competent authority or person specified in clause 2 of this Article shall review and decide on property repossession under its jurisdiction or shall have a written response in case the request for property repossession is not appropriate.
c) The decision on repossession of inland waterway infrastructure property shall include: Name of the authority with property to be repossessed; name of the authority assigned to carry out the repossession decision; list of property to be repossessed (name of the property; address; year of putting into use; basic parameters (volume, length, etc.); area; original price, residual value (if any); status of use of the property); reason for repossession; responsibilities for implementation.
d) Based on the Decision on property repossession of the competent authority, person, the authority assigned to execute the repossession decision shall prepare a plan for disposal of the repossessed property in forms specified in clause 3 of this Article which shall then be submitted to the competent authority, person for approval. Upon approval, the property disposal shall be carried out according to the approved plan. During the awaiting period for property disposal, the agency that has property repossessed is responsible for the preservation and protection of the property as prescribed.
dd) The property management authority shall perform property reduction accounting in accordance with accounting laws; report property changes as prescribed in this Decree.
5. The procedures for repossession of inland waterway infrastructure property upon request by authorities assigned to carry out inspection, assessment and audit and impose penalties for administrative violations, or other state regulatory authorities:
a) At the request of authorities assigned to carry out inspection, assessment and audit and impose penalties for administrative violations, or other state regulatory authorities, competent authorities, persons specified in clause 2 of this Article shall review and decide on the property repossession within its jurisdiction.
b) The main content of the Decision on property repossession, post-repossession handling of property, and the responsibilities of relevant agencies shall comply with points c, d, and dd of clause 4 of this Article.
Article 20. Transfer of inland waterway infrastructure property
1. The inland waterway infrastructure property shall be transferred in the following cases:
a) When there are changes in the managing authority, management hierarchy as prescribed.
b) Property that has been assigned but are no longer needed for use as inland waterway infrastructure property.
c) Other cases as stipulated by the laws.
2. Authority to decide on transfer of inland waterway infrastructure property:
a) The Minister of Finance shall decide on the transfer of inland waterway infrastructure property between ministries, central authorities, between central and local authorities, between provinces, centrally affiliated cities.
b) The Minister of Transport shall decide on the transfer of inland waterway infrastructure property between agencies, organizations, units within its management.
b) The provincial People's Committees shall decide on the transfer of inland waterway infrastructure property between agencies, organizations, units within the local management.
3. Procedures for transferring inland waterway infrastructure property:
a) When there is property that needs to be transferred, the property management authority shall prepare an application for property transfer, report to the superior managing authority (if any) which shall then be submitted to the competent authority, person as stipulated in points b, c of clause 2 of this Article. The application includes:
An application from the property management authority for property transfer: original copy;
An application from the superior managing authority (if any) of the property management authority for property transfer: original copy;
Application from the provincial inland waterway management authority (for property managed by a district-level property management authority for transfer of property: original copy;
Application for receipt of the property from the receiving agency, organization, unit, and the superior managing authority (if any) of that agency, organization, unit: Original copy. If the property is transferred due to changes in management authority, management hierarchy, or property classification, it is not mandatory to prepare an application for receipt of the property from the receiving agency;
List of property to be transferred using Form 01B in the Appendix attached to this Decree prepared by the property management authority: original copy;
Other relevant documents (if any): duplicate copy.
b) Within 30 days from the date of receiving the complete application specified in point a of this Clause, the competent authority or person specified in points b, c of clause 2 of this Article shall review and decide on property transfer under its jurisdiction or shall have a written response in case the request for property transfer is not appropriate.
In cases where the property transfer falls under the authority of the Minister of Finance, the Ministry of Transport (for property under central management) and the Provincial People's Committees (for property under local management) shall prepare and submit an application to the Ministry of Finance for review and decision on property transfer or shall have a written response in case the request for property transfer is not appropriate. The application includes:
An application from the Ministry of Transport, the provincial People's Committee for property transfers: original copy;
List of property to be transferred using Form 01B in the Appendix attached to this Decree prepared by the Ministry of Transport, the provincial People's Committee: original copy;
Opinions of relevant agencies (if any): duplicate copy;
An application specified in Points a of this Clause: duplicate copy.
e) The main contents of the Decision on property transfer include: Name of the authority with property to be transferred; name of the receiving agency, organization, unit; list of property to be transferred (name of the property; address; year of putting into use; basic parameters (volume, length, etc.); area; original price, residual value (if any); status of use of the property); reason for transfer; responsibilities for implementation.
Within 30 days from the date of issuance of Decision on property transfer of the competent authority, person as specified in clause 2 of this Article, the authority transferring the property and the receiving agency, organization, unit shall:
Hand over and receive the property; the handover and receipt must be documented in a Minute using Form 01 in the Appendix attached to this Decree;
The property management authority shall preserve, protect, and maintain the inland waterway infrastructure property in accordance with law until the handover is completed;
Carry out asset reduction and increase accounting as per accounting laws; report property changes as prescribed in this Decree.
Reasonable costs directly related to the handover and receipt of property shall be paid by the receiving agency, organization, unit in accordance with applicable regulations.
e) There is no need to pay the property value when transferring property.
4. For inland waterway infrastructure property subject to a repossession decision, which is then transferred, the authority assigned to execute the repossession decision shall prepare a plan for disposal of the repossessed property (enclosed with an application for receipt of property from the agency, organization, unit, and the superior managing authority (if any) of that agency, organization, or unit; a list of property as prescribed in Point a of Clause 3 of this Article; documents related to the property) to submit to the competent authority or person prescribed in Clause 2 of this Article for review and decision. The procedures, content of the decision on property transfer, implementation of decision and other contents shall comply with points b, c, d, dd and e of Clause 3 of this Article; in which the authority assigned to execute the repossession decision shall exercise the rights and responsibilities of the agency with transferred property.
1. Inland waterway infrastructure property shall be transferred to administrative divisions for management and disposal in the following cases:
Property that has been assigned to property management authority but are no longer needed for use as inland waterway infrastructure property.
b) Being excluded from the planning of inland waterway infrastructure works.
c) Other cases as stipulated by the laws.
2. Disposal of inland waterway infrastructure property shall only be carried out in form of transfer of property to administrative divisions for management and disposal in cases where the property is no longer used for the purpose of being inland waterway infrastructure property.
3. The authority to decide on the transfer of inland waterway infrastructure property to administrative divisions for management and disposal:
a) The Minister of Transport shall decide to transfer inland waterway infrastructure property managed by the central property management authority to the administrative division (Provincial People's Committees) for management and disposal.
b) The Provincial People's Committee shall decide to transfer inland waterway infrastructure property managed by the local property management authority to local authorities (Relevant authority of the Provincial People's Committee, Land Development Organization, Relevant authority of the District-level People's Committee) for management and disposal.
4. Procedures for transfer of inland waterway infrastructure property to administrative divisions for management and disposal:
a) When there is property that needs to be transferred, the property management authority shall prepare an application for property transfer, report to the superior managing authority (if any) which shall then be submitted to the competent authority, person as stipulated in clause 3 of this Article. The application includes:
An application from the property management authority for the property transfer: original copy;
An application from the superior managing authority (if any) of the property management authority for the property transfer: original copy;
Application from the provincial inland waterway management authority (for property managed by a district-level property management authority for transfer of property: original copy;
Opinion of the Provincial People's Committee (the receiving entity) for transfer of property under central management: original copy;
List of property proposed for transfer using Form 01B in the Appendix issued with this Decree: original copy;
Related documents regarding the reason for the property transfer (if any): duplicate copy;
Other relevant documents (if any): duplicate copy.
b) Within 30 days from the date of receiving the complete application specified in point a of this Clause, the competent authority or person specified in clause 3 of this Article shall review and decide on property transfer under its jurisdiction or shall have a written response in case the request for property transfer is not appropriate.
c) The main contents of the Decision on property transfer include: Name of the authority with property to be transferred; name of the receiving agency, organization, unit; list of property to be transferred (name of the property; address; year of putting into use; basic parameters (volume, length, etc.); area; original price, residual value (if any); status of use of the property); reason for transfer; responsibilities for implementation.
d) Within 15 days from the issuance date of the Decision on property transfer of the competent authority, person specified in point b of clause 3 of this Article, the Provincial People's Committee shall decide to receive the property and assign the task of receiving the transferred property to the local authorities (Relevant authority under the Provincial People's Committee, Land Development Organization, Relevant authority under the District-level People's Committee).
dd) Within 30 days from the issuance date of the Decision on receiving property of the Provincial People's Committee (for cases specified in point d of this Article), and from the issuance date of the Decision on property transfer (for other cases), the property management authority with property to be transferred (Transferring Party) shall take charge and cooperate with the receiving agency (Receiving Party) to organize the handover and receipt of the property; the handover and receipt of the property are documented in a Minute using Form 01 in the Appendix attached to this Decree. The Transferring Party shall perform property reduction accounting as per accounting laws; report property changes as prescribed in this Decree.
e) Reasonable costs directly related to the handover and receipt of property shall be paid by the receiving agency.
The property management authority shall preserve and protect the inland waterway infrastructure property in accordance with law until the handover is completed;
The receiving agency shall supervise and calculate depreciation of the property from the time of property receipt until the completion of property disposal as per the regulations of clause 6 of this Article.
g) There is no need to pay the property value when transferring property to administrative divisions for management and disposal.
5. For inland waterway infrastructure property subject to a repossession decision, which is then transferred to administrative division for management and disposal, the authority assigned to execute the repossession decision shall prepare a plan for disposal of the repossessed property (enclosed with an application for receipt of property from the Provincial People's for property under central management; a list of property as prescribed in Point a of Clause 4 of this Article; documents related to the property) to submit to the competent authority or person prescribed in Clause 3 of this Article for review and decision on transfer of property to administrative divisions for management and disposal.
The procedures, content of the decision on property transfer, implementation of decision and other contents shall comply with points b, c, d, dd and e of Clause 4 of this Article; in which the authority assigned to execute the repossession decision shall exercise the rights and responsibilities of the agency with transferred property.
6. After receiving the property, the receiving agency shall refer to the dossiers of specific case to provide advice or propose to the agency responsible for consultation, and report to the competent authority or person to handle as prescribed by the law as follows:
a) In cases of transfer to an agency, organization, or unit for management and use, the process shall be carried out in accordance with the laws on the management and use of public property.
b) Cases of assigning to a local organization licensed for housing management and trade for management and operation shall comply with the Government's regulations on management, use, and operation of houses and land, which are public property not for residential purposes assigned to a local organization licensed for housing management and trade for management and operation.
c) Cases of disposal under housing and land policies shall comply with laws on housing and other related laws.
d) Cases of land allocation or leasing shall comply with laws on land and other relevant laws.
dd) Cases of transfer to a land development organization for management and operation shall comply laws on land.
The financial specialized authority shall provide advice to the corresponding People's Committee in cases of disposal specified in points a and b of this clause The construction Relevant authority shall provide advice to the corresponding People's Committee in cases of disposal specified in point c of this clause. The natural resources and environment Relevant authority shall provide advice to the corresponding People's Committee in cases of disposal specified in points d and dd of this clause.
e) The receiving agency shall supervise and calculate depreciation of the property from the time of property receipt until the completion of property disposal.
Article 22. Liquidation of inland waterway infrastructure property
1. The inland waterway infrastructure property shall be liquidated in the following cases:
a) Property is damaged beyond repair or the repair for use is not effective.
b) The old inland waterway infrastructure property is demolished to invest in building new property or to ensure inland waterway traffic, returning the premise as per the approved project by the competent authority, person.
c) Other cases as stipulated by the laws.
2. Authority to decide on liquidation of inland waterway infrastructure property:
a) The Minister of Transport shall decide or grant power to decide on the liquidation of inland waterway infrastructure property managed by the central property management authority.
b) The Provincial People's Council shall decide or grant power to decide on the liquidation of inland waterway infrastructure property managed by the local property management authority in accordance with Article 2 of the Law on Management and Use of Public Property (amended by Article 1 of Law No. 56/2024/QH15).
3. The inland waterway infrastructure property shall be liquidated through demolition and destruction.
4. Procedures for liquidation of inland waterway infrastructure property:
a) The property management authority shall prepare an application for property liquidation, report to the superior managing authority (if any), submit it to the competent authority, person specified in clause 2 of this Article. The application includes:
An application form from the property management authority for property liquidation: original copy;
An application form from the superior managing authority (if any) of the property management authority for property liquidation: original copy;
An application from the Provincial People's Committee, District-level People's Committee for property liquidation in cases where the liquidation is decided by the Provincial People's Council, District-level People's Council: original copy;
List of property proposed for liquidation using Form 01B in the Appendix 1 attached to this Decree: original copy;
Other relevant documents (if any): duplicate copy.
b) Within 30 days from the date of receiving the complete application specified in point a of this Clause, the competent authority or person specified in clause 2 of this Article shall review and decide on property liquidation or shall have a written response in case the request for property liquidation is not appropriate.
c) The main contents of the Decision on property liquidation include: Name of the agency with property to be liquidated; list of property to be liquidated (name of the property; address; year of putting into use; basic parameters (volume, length, etc.); area; original price, residual value (if any); status of use of the property); reason for liquidation; form of liquidation.
Based on the Decision on property liquidation of the competent authority or person as stipulated in clause 2 of this Article, the property management authority shall organize the demolition and destruction of works belonging to the inland waterway infrastructure property and dispose of the materials repossessed. The disposal of materials repossessed shall be carried out in accordance with the regulations specified in clauses 5, 6, and 7 of this Article.
5. Forms of handling materials repossessed from the demolition of works:
a) Assigning materials repossessed that are still usable to the property management authority (the agency with property to be liquidated) to use in maintenance.
b) Transferring materials repossessed to agencies, organizations, or units for management and use.
c) Selling materials repossessed that are not needed.
d) Destroying materials that are no longer usable. The property management authority shall destroy materials that are no longer usable.
6. Assigning materials repossessed that are still usable to the property management authority (the agency with property to be liquidated) to use in maintenance. For cases where the property management authority has submitted an application to the competent authority or person as specified in clause 2 of this Article for deciding on assigning materials repossessed for putting into use, no maintenance fund shall be allocated for the portion of the value of materials used for maintenance work. If the maintenance fund has already been allocated in the budget, it should be deducted from the maintenance budget estimate of that year corresponding to the value of the materials as per the budget estimate and the maintenance contract value.
7. Transfer of materials repossessed to agencies, organizations, or units for management and use:
a) At the request of the property management authority (the agency with property to be liquidated) and the request of the agency, organization, or unit in need of receiving materials repossessed, the Minister of Transport, the Provincial People's Committee shall decide to transfer them to agencies, organizations, or units within its management; the Minister of Finance shall decide to transfer them outside the Ministry of Transport, provinces, and centrally affiliated cities.
b) The application for transfer of materials repossessed includes:
An application from the property management authority for transfer of materials repossessed: original copy;
An application from the superior managing authority for transfer of materials repossessed: original copy;
Application for receipt of the repossessed material from the receiving agency, organization, unit, and the superior managing authority (if any) of that agency, organization, unit: original copy;
List of materials to be transferred (types, quantities, conditions; intended use after transfer): original copy;
Other relevant documents related to the request for the transfer of materials repossessed (if any): duplicate copy.
c) Within 30 days from the date of receiving the complete application specified in point b of this Clause, the Minister of Transport, the Provincial People's Committee, shall review and make a decision under its jurisdiction or shall have a written response in case the request for transfer of materials repossessed is not appropriate.
d) If transfer falls under the authority of the Minister of Finance, the Ministry of Transport, the Provincial People's Committee shall submit an application (along with copies of the documents specified in point b of this clause) to the Ministry of Finance for review and decision on the transfer or shall provide a written response in case the transfer request is not appropriate
dd) The main contents of the Decision on transfer of materials repossessed include: Name of the agency with the materials to be transferred due to property liquidation; name of the receiving agency, organization, unit; list of materials to be transferred (name, type, quantity, condition); intended use after the transfer; responsibilities for implementation.
e) Within 30 days from the date of the Decision on the transfer of materials repossessed of the competent authority, person, the property management authority and the receiving agency, organization, unit shall organize the handover and receipt of the transferred materials; the handover and receipt shall be documented in a Minute using Form 01 in the Appendix attached to this Decree.
8. Selling repossessed materials that are not needed:
The head of the property management authority shall decide on the sale of materials repossessed. The sale of materials not needed is carried out in accordance with the regulations in Article 31 of Decree No. 151/2017/ND-CP dated December 26, 2017, of the Government detailing some articles of the Law on Management and Use of Public Property (which is amended by Article 23 of Decree No. 114/2024/ND-CP dated September 15, 2024, of the Government amending articles of Decree No. 151/2017/ND-CP dated December 26, 2017, of the Government).
9. For cases of liquidation of old inland waterway infrastructure property as stipulated in point b of clause 1 of this Article in projects approved by the competent authority, person that include regulations on property liquidation, the property liquidation shall be carried out according to the approved project; the property management authority is not required to follow the property liquidation procedures as stipulated in clause 4 of this Article; the disposal of materials repossessed (if any) shall be carried out in accordance with clauses 5, 6, 7, and 8 of this Article, except when the value of the repossessed property has already been deducted from the project package value.
10. After completing the property liquidation, the property management authority shall perform property reduction accounting as prescribed by accounting laws, and report property changes as stipulated in this Decree.
Article 23. Handling of inland waterway infrastructure property if it is lost or damaged
1. Inland waterway infrastructure property is lost or damaged due to natural disasters, fires, or other causes.
2. The authority to decide on handling of inland waterway infrastructure property if it is lost or damaged:
a) The Minister of Transport shall decide or grant power to decide on the disposal of inland waterway infrastructure property managed by the central property management authority.
b) The Provincial People's Council shall decide or grant power to decide on the disposal of inland waterway infrastructure property managed by the local property management authority in accordance with Article 2 of the Law on Management and Use of Public Property (amended by Article 1 of Law No. 56/2024/QH15).
3. Procedures for handling of inland waterway infrastructure property if it is lost or damaged:
a) Within 30 days from the date of discovering that the property is lost or damaged, the property management authority shall determine the cause of the loss or damage and the responsibilities of the relevant collectives and individuals, prepare an application for the handling of the lost or damaged property, report to the superior managing authority (if any), and submit it to the competent authority, person as specified in Clause 2 of this Article for review and decision. The application includes:
An application from the property management authority for handling of the property (clearly stating the reason for the loss or damage of the property): original copy;
An application from the superior managing authority (if any) for property disposal: original copy;
An application from the Provincial People's Committee, District-level People's Committee for property disposal in cases where the disposal is decided by the Provincial People's Council, District-level People's Council: original copy;
Report on determining the lost or damaged property: original copy;
List of lost or damaged property using Form 01B in the Appendix attached to this Decree: original copy;
Documentation proving the loss or damage of the property: duplicate copy.
b) Within 30 days from the date of receiving the complete application specified in point a of this Clause, the competent authority or person specified in clause 2 of this Article shall decide on disposal of property if it is lost or damaged.
c) The main contents of the Decision on property disposal include: Name of the agency with property that is lost or damaged; list of lost, damaged property (name of the property; address; year of putting into use; basic parameters (volume, length, etc.); area; original price, residual value (if any); status of use of the property before it is lost or damaged); reason for the loss or damage of the property; responsibilities for implementation.
4. Within 30 days from the date of issuance of Decision on property disposal of the competent authority, person, the property management authority shall:
a) Carry out asset reduction and increase accounting as per accounting laws.
b) Report property changes in accordance with this Decree.
c) Handling the responsibilities of the relevant collectives and individuals in accordance with law.
5. The state budget shall ensure funding for the restoration and repair of inland waterway infrastructure property to restore safe and smooth inland waterway traffic operations.
In cases where inland waterway infrastructure property is lost or damaged and is compensated by insurance companies or relevant organizations, individuals, the compensation shall be managed in accordance with clause 1 of Article 24 of this Decree. After deducting relevant costs (if any), the compensation shall be transferred to the state budget as per regulations and is prioritized to be allocate to the public investment plan, state budget expenditure estimate for investing in building replacement property in accordance with laws on the state budget, public investment, and other relevant laws.
Article 24. Management, use of proceeds from disposal of inland waterway infrastructure property
1. Proceeds from disposal of inland waterway infrastructure property (including any compensation (if any)) shall be transferred into a escrow account at the State Treasury, with the agency specified below being the account owner:
a) The Ministry of Transport shall assign 01 of its affiliated units to be the account owner for property managed by the central property management authority;
b) The provincial, district-level People's Committees shall assign the corresponding level public property management authority to be the account owner for property managed by the provincial, district-level property management authority.
2. Costs related to the disposal of inland waterway infrastructure property include:
a) Inventory and measurement costs.
b) Costs of relocation, demolition, and destruction.
c) Cost of price determination and valuation.
d) Cost of organizing the sale of materials repossessed.
dd) Costs of protecting and preserving property while waiting processing.
e) Other reasonable related costs.
3. Expenditure levels:
a) Expenditures that have standards, norms, and policies specified by the competent state authority shall comply with the standards, norms, and regimes set by the competent state authority.
b) Expenditures for property disposal-related services shall comply with contracts signed between the property management authority and the service provider. The selection of the provider of property disposal-related services shall comply with relevant laws.
c) For expenditures beyond the scope stipulated in point a, point b of this clause, the head of the property management authority shall decide the expenditure level, ensuring compliance with the existing financial management policy of the State and take responsibility for their decisions.
4. Based on the expenditures specified in clause 2 of this Article, the expenditure level specified in clause 3 of this Article, the property management authority shall prepare and submit an estimate for expenditures related to property disposal to the Head of the property management authority for approval (the budget approval period is 30 days from the date of submitting the estimate).
5. Within 30 days of the property being disposed of, the property management authority must prepare and send an application to the escrow account holder for payment of the costs of the property disposal or an extension of the payment deadline (it should state the reason for the extension and the extended period, which should not exceed 30 days from the date of the application) or confirm in writing no expenses have arisen. The head of the property management authority is accountable to the law for any delays in submitting documents, the accuracy of the proposed payment. The application includes:
a) Payment application from the property management authority (clearly stating the proceeds from property disposal, total disposal costs, information on the receiving account, details of the account receiving payment) enclosed with the specific list of expenditures: Original copy.
b) Decision on disposal of property of the competent authority or person: duplicate copy.
c) Proofs of expenditures: Approved expenditure estimate; contracts for valuation, auction and demolishment; invoices (if any): duplicate copy.
6. Within 30 days from the date of receiving the completed application specified in clause 5 of this Article, the holder of the escrow account shall grant funds to the property management authority to pay costs related to the disposal of inland waterway infrastructure property.
7. Every 6 months (by June 30 and December 31 at the latest), the escrow account holder shall transfer to the central government budget (for proceeds from disposal of property under central management) or the local government budget (for proceeds from disposal of property under local management) the proceeds from property disposal:
a) That has costs hereof paid or that has a document confirming no expenses have arisen from the property management authority.
b) Where the 30-day period has passed from the date the property management authority deposited proceeds into the escrow account where holder has not received a payment application or deferral application from the property management authority.
8. In cases where the proceeds from property disposal are not sufficient to cover the costs, the shortfall shall be allocated in the state budget expenditure estimate assigned to the property management authority.
1. The management, use, operation of inland waterway infrastructure in PPP form and the transfer of inland waterway infrastructure property formed through PPP to the State shall be carried out in accordance with Articles 95 and 96 of the Law on Management and Use of Public Property and PPP laws.
The management and use of inland waterway infrastructure in PPP form shall not affect inland waterway traffic operations, ensure smooth and safe inland waterway traffic operation and compliance with laws on construction, the laws on inland waterway traffic and other relevant laws.
2. Authority to decide on use of the existing inland waterway infrastructure property for participating in PPP investment projects:
a) The Prime Minister shall make decisions on inland waterway infrastructure property associated with national defense and security.
b) The Minister of Transport shall make decisions on inland waterway infrastructure property managed by central property management authority, except for property specified in point a of this Clause.
c) Provincial People's Committees shall make decisions on inland waterway infrastructure property managed by local property management authority, except for property specified in point a of this Clause.
3. Procedures for using the existing inland waterway infrastructure property for participating in PPP investment projects:
a) When there is existing inland waterway infrastructure property that needs to be used for participating in PPP investment projects, the property management authority shall prepare an application, report to the superior managing authority (if any) which shall then be submitted to the competent authority, person as stipulated in points b, c of clause 2 of this Article. The application includes:
An application form from the property management authority for using the inland waterway infrastructure property for participating in PPP investment projects: original copy;
Document from superior managing authority (if any) of the property management authority on using the property for participating in PPP investment projects: original copy;
Document from Provincial inland waterway management authority (for property managed by the district-level inland waterway management authority) on using the property for participating in PPP investment projects: original copy;
Opinions of relevant agencies (if any): duplicate copy;
List of property to be used for participating in PPP investment projects using Form 01B in the Appendix attached to this Decree: original copy;
Other relevant documents (if any): duplicate copy.
b) Within 30 days from the date of receiving the complete application specified in point a of this Clause, the competent authority or person specified in points b, c of clause 2 of this Article shall review and decide on using the property for participating in PPP investment projects for cases under their jurisdiction or shall have a written response in case the request is not appropriate.
For cases that fall under the authority of the Prime Minister, the Ministry of Transport (for property under central management) and the Provincial People's Committees (for property under local management) shall prepare and submit an application to the Prime Minister for review and decision on using the property for participating in PPP investment projects or providing guidance in case the request is not appropriate. The application includes:
An application from the Ministry of Transport (for property under central management) and the Provincial People's Committees (for property under local management) for using the property for participating in PPP investment projects: original copy;
Opinions of relevant agencies (if any): duplicate copy;
An application specified in Points a of this Clause: duplicate copy.
c) The main contents of the Decision on using the existing inland waterway infrastructure property for participating in PPP investment projects: Name of the authority with property to be used to participate in investment projects; name of the receiving investor; list of property to be uses for participating in PPP investment projects (name of the property; address; year of putting into use; basic parameters (volume, length, etc.); area; original price, residual value (if any); status of use of the property); reason for transfer; responsibilities for implementation.
The property management authority shall preserve, protect, and maintain the inland waterway infrastructure property in accordance with law until the handover is completed;
4. Based on the Decision of the competent authority or person as specified in clause 2 of this Article on using existing property to participate in PPP investment projects approved by the competent authority or person and the signed contract, the property management authority shall handover the property to the investor executing the project. The handover of property shall be recorded in a Minutes of Handover using the Form 01 attached to this Decree.
5. The investor executing the PPP investment project is responsible for accounting, managing, using, and maintaining the inland waterway infrastructure property (including State-managed and invested property that is used to participate in the Project), to ensure quality and technical standards as per the laws on investment and construction until the property is transferred to the competent state agency.
The property management authority shall monitor and report on the portion of property used to participate in the project while handing it over to the investor executing the project.
6. The authority with competence to conclude the project contract, property management authority, shall monitor, inspect, and supervise the investor's compliance with clause 4, clause 5 of this Article until the investor transfers the property to the competent authority.
Section 6. REPORTING AND DATABASE ON INLAND WATERWAY INFRASTRUCTURE PROPERTY
Article 26. Reporting on inland waterway infrastructure property
1. Inland waterway infrastructure property must be declared and updated in the Database on inland waterway infrastructure property for consistent management.
2. Forms of declaration:
a) First-time declaration shall apply to:
Existing inland waterway infrastructure property at the effective date of this Decree (including property previously declared for the first time under Decree No. 45/2018/ND-CP);
Inland waterway infrastructure property arising from the effective date of this Decree.
b) Additional declarations in case there is a change in information about property management authority or property after the first-time declaration.
3. The property management authority shall make a declaration on the inland waterway infrastructure property, which shall be updated on the Inland waterway infrastructure property database. In case (i) the central property management authority decentralizes or authorizes or assigns to affiliated administrative organizations (for property under central management), (ii) the provincial inland waterway management authority decentralizes or authorizes or assigns to affiliated public service units (for property under the management of the provincial inland waterway management authorities) as regulated in clause 2 of Article 5 of this Decree, the decentralized, authorized unit shall make a declaration on inland waterway infrastructure property and input such data into the database for consistent management.
The deadline for submitting a declaration is 30 days from the date the property is put into use (for property formed through purchases or new construction), from the date of property reception according to the decision of the competent authority or person (for transferred property), or property disposal according to the decision of the competent authority or person, or when there is a change in the receiving subject or information about the declared property.
4. Annually, the property management authority shall report on the management, use and operation of inland waterway infrastructure property (including proceeds from disposal and operation of property from the previous year) and submit ad hoc reports upon request of the competent state agency. The closing date for annual reporting data is the end of the fiscal year.
5. The report on the management, use and operation of inland waterway infrastructure property shall include:
a) Report on the property operation by each form prescribed in this Decree.
b) Consolidated report on the management, use and operation of property.
6. The deadline for submitting the annual report on the management, use and operation of inland waterway infrastructure property is as follows:
a) The property management authority shall prepare and submit reports to the superior management authority (if any), report to the Ministry of Transport (for property under central management), and report to the Provincial People's Committee (for property under local management) by February 28 every year.
b) The Ministry of Transport, the Provincial People's Committee shall send final report on management, use and operation of their inland waterway infrastructure property to the Ministry of Finance before March 15.
c) The Ministry of Finance shall send final report on management, use and operation of inland waterway infrastructure property nationwide to the Government for reporting to the Assembly as required.
7. Reports on inland waterway infrastructure property shall be prepared in written or electronic form. Depending on the receiving agency's practical conditions as regulated in points b and c of clause 6 of this Article, reports can be sent to the receiving agency:
a) In person.
b) Via post.
c) Via Fax.
d) Via Email.
dd) Via Specialized reporting information software system.
e) Via other forms as stipulated by the laws.
8. The report form on the management, use and operation of inland waterway infrastructure property shall be issued by the Minister of Finance.
Article 27. Inland waterway infrastructure property database
1. Inland waterway infrastructure property database is a part of the National public property database, built and uniformly managed nationwide; the information in the database on inland waterway infrastructure property holds legal value similar to paper records.
2. The development and management of the Inland waterway infrastructure property database must satisfy the following requirements:
a) Aligning with the architecture framework of Vietnam's e-Government, complying with national database technical standards, IT technical standards, information security and safety standards, and economic-technical norms.
b) Ensuring compatibility, integration capabilities, connection with the National public property database; information sharing and the ability to expand data fields in system design and application software.
3. The Ministry of Transport (for inland waterway infrastructure property under central management), Provincial People's Committee (for inland waterway infrastructure property under local management) shall instruct the central and local property management authorities and relevant agencies to declare, input, and approve data on inland waterway infrastructure property into the database according to applicable regulations.
Article 28. Responsibilities of implementation
1. Responsibilities of the Ministry of Transport:
a) During the process of transferring inland waterway infrastructure property to the managing entity as prescribed in this Decree, the Ministry of Transport shall direct relevant agencies, organizations, and units to manage and use property within its management as specified in laws on management and use of public property, inland waterway traffic, and other relevant laws to ensure smooth and safe inland waterway traffic operations.
b) Take the lead in developing and issuing regulations for the maintenance of works under the inland waterway infrastructure property and criteria for supervision and commissioning of the maintenance results in accordance with quality standards.
c) Direct, review, classify, document, and account for property in accordance with this Decree and related laws.
d) Direct and inspect the management, use, and operation of inland waterway infrastructure property within the management as defined in this Decree and related laws; address violations in property management, use, and operation within jurisdiction or report to the relevant competent agencies or persons for action.
dd) Report on the management, use, and operation of inland waterway infrastructure property as stipulated in this Decree and as required by competent authorities, persons.
e) Cooperate with the Ministry of Finance in developing a database on inland waterway infrastructure property nationwide for integration into the national public property database.
g) Specify the methods for determine the conventional price of property when there are no grounds to determine its original price and residual value (including property under central and local management).
Decide on using the conventional price of inland waterway infrastructure property under central management as a basis for determining property values for accounting entries in cases where there is no information on the original price, residual value, and no basis for determining these values.
h) Carry out other tasks and powers specified in Decree and relevant laws.
2. Responsibilities of the Ministry of Finance:
a) Provide guidance on accounting of inland waterway infrastructure property.
b) Specify management, depreciation calculation for inland waterway infrastructure property, and provide guidance on declaration and reporting on inland waterway infrastructure property.
c) Take charge and cooperate with the Ministry of Transport in developing a database on inland waterway infrastructure property nationwide.
d) Provide guidance on integrating the database on inland waterway infrastructure property into the national database on public property.
dd) Carry out other tasks and powers specified in Decree and relevant laws.
3. Responsibilities of Provincial People's Committees:
a) During the process of transferring inland waterway infrastructure property to the managing entity as prescribed in this Decree, Provincial People's Committees shall direct relevant agencies, organizations, and units to manage and use property within their management as specified in laws on management and use of public property, inland waterway traffic, and relevant laws to ensure smooth and safe inland waterway traffic operations.
b) Direct, review, classify, document, and account for property in accordance with this Decree and related laws.
c) Direct and inspect the management, use, and operation of inland waterway infrastructure property within the management as defined in this Decree and relevant laws;
d) Directing data entry, normalization for inland waterway infrastructure property under local management; report on the management, use and operation of property as stipulated in this Decree.
dd) Decide on using the conventional price of inland waterway infrastructure property under local management as a basis for determining property values for accounting entries in cases where there is no information on the original price, residual value, and no basis for determining these values.
e) Carry out other tasks and powers specified in Decree and relevant laws.
4. Ministries, central agencies, and provincial People's Committees, within their jurisdiction, shall take charge and cooperate with the Ministry of Transport in managing, using, and operating inland waterway infrastructure property in accordance with this Decree and relevant laws.
5. Other relevant agencies and entities may submit electronic applications if they have digital signatures when performing the procedures specified in this Decree.
Article 29. Transitional regulations
1. For inland waterway infrastructure property that have been handed over to the appropriate property management authority in accordance with this Decree, the property management authority shall manage, use, and operate the property as stipulated in this Decree without having to redo procedures for handing over the property in accordance with this Decree.
For inland waterway infrastructure assets specified in points b, c, and d of Clause 1 of Article 7 of this Decree, the Ministry of Transport (for property under central management) and the Provincial People's Committees (for property under local management) shall direct the review, statistics, and assignment of management of inland waterway infrastructure property to the property management authority as stipulated in this Decree within 12 months from the effective date of this Decree.
2. Contracts related to the operation of inland waterway infrastructure property that are concluded by the competent authority, person in accordance with law before the effective date of this Decree shall continue to be implemented in accordance with the applicable regulations until the end of the term of the signed contract.
3. For inland waterway infrastructure property that existed before the effective date of this Decree but have not yet been valued for accounting purposes in accordance with Decree No. 45/2018/ND-CP and guidance from the Ministry of Finance, the valuation of these assets must be completed within 12 months from the effective date of this Decree. Any tasks that have not been completed by the effective date of this Decree must be carried out in accordance with this Decree.
4. For inland waterway infrastructure property subject to disposal decisions of the competent authority, person before the effective date of this Decree (except for cases specified in Clause 5 of this Article), if the disposal has not been completed, the disposal shall continue to be carried out based on decisions made by the competent authority, person. Any pending tasks related to property management must comply with this Decree by the effective date of this Decree.
5. For inland waterway infrastructure property that has been decided to be sold by the competent authority in accordance with Decree No. 45/2018/ND-CP:
a) For cases of unsuccessful auctions in accordance with auction laws or if the auction results are canceled as per laws on property auctions or if the sale decision of the competent authority has expired as per applicable regulations, the sale process shall be stopped, and the property shall be disposed of in accordance with this Decree. The incurred costs related to the property sale (including inventory, measurement costs; price determination and valuation costs; auction organization costs, and other sale-related costs) shall be handled as outlined in clauses 2, 3, and 8 of Article 24 of this Decree.
If there is already a sale decision of the competent authority, person and the auction has been publicly announced and scheduled, the auction process will continue as per applicable regulations.
b) In case the auction has been successful but the property sales contract has not been signed; according to applicable regulations, continue to carry out procedures to complete the property sale and purchase in accordance with law.
Within 90 days from the date on which the sales contract is signed, the purchaser (successful bidder) shall pay the property purchase price to the property management agency. Within 03 working days from the date on which the payment is received, the property management authority shall send this payment to an escrow account in accordance with Article 24 of this Decree.
If the purchaser has not paid the amount specified in the contract in full within the prescribed deadline, a late payment interest of 0.03% per day on the outstanding amount will be calculated continuously from the day following the due date until the date immediately preceding the full payment date.
Specific payment deadlines and regulations on late payment interest must be clearly stated in the sales contract.
c) In case the auction has been successful, and the purchase agreement has been signed, but the purchaser (successful bidder) has not made the payment or has not paid the amount specified in the contract in full, the purchaser must continue to make the payment as per the contract. Within 03 working days from the date on which the payment is received, the property management authority shall send this payment to an escrow account in accordance with Article 24 of this Decree.
Cases where the purchaser has not paid the amount specified in the contract in full within the prescribed deadline shall be handled as specified in point b of this Clause.
d) The property management authority shall issue invoices for sales of public property to the purchaser as per laws on management and use of public property. The handover of property to the purchaser shall be carried out at the location of the property after the purchaser has completed the payment.
The property management authority shall perform property reduction accounting in accordance with accounting laws; report property changes as required by this Decree.
The management and use of the proceeds from the property sale shall carried out in accordance with Article 24 of this Decree and point a of this clause.
1. This Decree takes effect from the date which it is signed.
2. This Decree shall replace Decree No. 45/2018/ND-CP dated March 13, 2018 of the Government on the management, use and operation of inland waterway infrastructure property.
Article 31. Implementation clause
Ministers, Heads of ministerial agencies, Heads of Government agencies, Chairmen of People's Committees of provinces and centrally affiliated cities and Heads of relevant agencies, organizations and units are responsible for implementing this Decree.
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