Decree No. 44/2024/ND-CP dated April 24, 2024 on management, use and operation of road infrastructure assets

GOVERNMENT OF VIETNAM -------	SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom – Happiness ---------------
No. 44/2024/ND-CP	Hanoi, April 24, 2024

DECREE

on management, use and operation of road infrastructure assets

Pursuant to the Law on Government Organization dated June 19, 2015 and the Law on Amendments 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;

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

At the request of the Minister of Finance;

The Government of Vietnam hereby promulgates a Decree on management, use and operation of road infrastructure assets.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

1. This Decree provides for the management, use and operation of road infrastructure assets invested and managed by the State.

2. This Decree does not apply to:

a) Road infrastructure assets allocated to enterprises through state capital investment in enterprises. The allocation, management, use and operation of road infrastructure assets allocated to enterprises through state capital investment in enterprises shall comply with laws on management and use of state capital for investment in production and business in enterprises, laws on road traffic and other relevant laws.

b) Road infrastructure assets in units affiliated to the people’s armed forces; the management, use and operation of road infrastructure assets in units affiliated to the people's armed forces and reporting regulations shall comply with laws on management and use of public assets in units affiliated to the people’s armed forces, laws on road traffic and other relevant laws.

c) Road infrastructure assets that are managed by other entities (in addition to the entities prescribed in clause 3 Article 2 of this Decree, points a and b of this clause) and road infrastructure assets that are invested and managed by the State but have been sold or transferred or included in the enterprise value upon equitization. The management, use and operation of road infrastructure assets in this case shall comply with laws on road traffic and other relevant laws.

Article 2. Regulated entities

1. Roads and traffic authorities (RTA).

2. Road authorities, including:

a) Central road authorities are organizations affiliated to the Ministry of Transport which provide the Minister of Transport with advice and assistance in performing the function of state management of road traffic and is assigned by the Minister of Transport to act as a road infrastructure authority.

b) Province-level road authorities are specialized authorities affiliated to the People’s Committees of provinces and central-affiliated cities (hereinafter referred to as "the Province-level People’s Committees”) which provide the Province-level People’s Committees with advice and assistance in performing the function of state management of road traffic.

c) District-level road authorities are specialized authorities affiliated to the People’s Committees of districts, urban districts, district-level towns, cities affiliated to provinces, cities affiliated to central-affiliated cities (hereinafter referred to as “the district-level People’s Committees”) which provide the district-level People’s Committees in performing the function of state management of road traffic.

d) Commune-level road authorities are the People’s Committees of communes, wards and commune-level towns (hereinafter referred to as “the commune-level People’s Committees").

3. Authorities assigned to manage road infrastructure assets (hereinafter referred to as “road infrastructure authorities”), including:

a) Central road infrastructure authorities are authorities prescribed in point a clause 2 of this Article.

b) Province-level road infrastructure authorities are authorities prescribed in point b clause 2 of this Article.

c) District-level road infrastructure authorities are authorities prescribed in point c clause 2 of this Article.

d) Commune-level road infrastructure authorities are authorities prescribed in point d clause 2 of this Article.

4. Organizations and units that directly carry out accounting, manage and retain documents, carry out maintenance, prepare reports, enter information into the road infrastructure asset database and other tasks decentralized/authorized/assigned by road infrastructure authorities.

5. Organizations and enterprises that purchase rights to collect tolls, lease rights to operate road infrastructure assets, receive rights to operate road infrastructure assets by fixed-term transfer, receive rights to operate road infrastructure assets by transfer in accordance with regulations of this Decree.

6. Other entities related to the management, use and operation of road infrastructure assets.

Article 3. Road infrastructure assets

1. Road infrastructure assets are road infrastructure in accordance with laws on road traffic and land zone attached to road infrastructure works (if any), including:

a) Roads and auxiliary works thereof.

b) Road bridges and auxiliary works thereof.

c) Road tunnels and auxiliary works thereof.

d) Road ferry terminals and auxiliary works thereof; floating bridges and auxiliary works thereof.

dd) Weigh stations.

e) Road tollbooths.

g) Bus stations.

h) Parking lots.

i) Road work management posts;

k) Rest stops;

l) Spare supplies storage;

m) Traffic Control and Surveillance Centres (ITS Centres)/Traffic management centres (TMCs).

n) The compensated or released land of road safety corridor limits.

o) Rescue stations for road traffic.

p) Systems of information technology, machinery and equipment directly serving asset management and road traffic management.

p) Other road traffic works and equipment according to road traffic laws.

2. Road infrastructure assets involved in national defense and security shall be determined as follows:

a) Road infrastructure assets involved in national defense shall be determined according to laws on management and protection of national defense works and military zones.

b) Road infrastructure assets involved in national security shall be assets included in the list of important works involved in national security issued by competent authorities or persons in accordance with laws on protection of important works involved in national security.

Article 4. Rules of management, use and operation of road infrastructure assets

The management, use and operation of road infrastructure assets must comply with rules prescribed in the Law on management and use of public assets and the following rules:

1. Road infrastructure assets must be fully reckoned and accounted with respect to tangible assets and values; and be depreciated and maintained in accordance with laws.

2. The operation of road infrastructure assets using methods of transfer of the right to collect tolls, lease of the right to operate assets, fixed-term transfer of the right to operate assets and other methods according to regulations of this Decree shall be applied to all or part of each road infrastructure asset. In case where a part of each asset is operated, it must be ensured that it does not affect the management, use and operation of the remaining parts of the asset.

3. a) When assignment, operation or handling of assets according to regulations herein, if assets are involved in national defense, they shall be determined according to laws on management and protection of national defense works and military zones and the National Defense Ministry's remarks are required; if assets are included in the list of important works involved in national security issued by a competent authority or person in accordance with laws on protection of important works involved in national security, they shall be determined as assets involved in national security and the Public Security Ministry's remarks are required; if assets are not involved in national defense or security, the Ministry of Transport and the People’s Committee of a province-level administrative division, road authority shall determine agencies or persons competent to decide assignment, operation or handling of the assets on applications.

4. If the operation or handling of road infrastructure assets in accordance with this Decree affects other relevant infrastructure assets, remarks of the entity assigned to manage such relevant infrastructure assets are required and solutions and responsibilities to remedy such impacts must be determined clearly.

5. The management, use and operation of road infrastructure assets shall be supervised, inspected, examined and audited; all violations thereof must be dealt with promptly and stringently as per law.

6. The management and use of land affixed to road infrastructure assets shall comply with land laws, laws on road traffic and other relevant laws.

The use of land banks affixed to road infrastructure assets shall comply with land laws, laws on road traffic and other relevant laws.

Chapter II

ASSIGMENT OF ROAD INFRASTRUCTURE ASSET MANAGEMENT

Article 5. Scope and methods for assigning road infrastructure asset management to road infrastructure authorities

1. Road infrastructure assets shall be assigned to road infrastructure authorities specified in clause 3 Article 2 of this Decree as follows:

a) Central road infrastructure authorities shall be assigned to manage road infrastructure assets under management of central authorities.

b) Local road infrastructure authorities (including: province-level road infrastructure authorities; district-level road infrastructure authorities, commune-level road infrastructure authorities) shall be assigned to manage road infrastructure assets under management of local authorities.

2. The assignment of road infrastructure assets to the agencies specified in clause 1 of this Article shall be recorded as an increase in assets.

After being assigned to manage road infrastructure assets, road infrastructure authorities shall manage, use and operate such assets according to this Decree, laws on road traffic and relevant laws. In case a central road infrastructure authority decentralizes/authorize/assign affiliated administrative organizations (for assets under management of central authorities), province-level road authorities decentralizes/authorize/assign affiliated administrative organizations or affiliated public service providers (for assets under management of province-level road authorities) to carry out accounting, manage and retain documents, carry out maintenance, prepare reports, enter information into the road infrastructure asset database and other tasks (if any), the road infrastructure authority shall clearly prescribe contents of the decentralization/authorization/assignment and internal procedures to ensure the fulfilment of tasks, powers and responsibilities according to regulations herein. With the exception of the decentralization/authorization/assignment of accounting and maintenance of road infrastructure assets, it can only be carried out after obtaining the remarks of the Ministry of Transport (for assets under management of central authorities) or the Province-level People's Committee (for assets under management of local authorities). The decentralization/authorization in other cases shall comply with relevant laws.

3. The assignment of road infrastructure assets invested and managed by the State to road infrastructure authorities shall be applied to the existing road infrastructure assets at the effective date of this Decree without any document concerning the assignment of such assets to the agencies specified in point a and point b clause 1 of this Article for management.

4. For road infrastructure assets that are certified to be owned by the entire people and assigned to the agencies specified in point a and point b clause 1 of this Article to manage, the authority and procedures for assigning such assets shall comply with laws on management and handling of assets certified to be owned by the entire people; and procedures for assigning such assets are not required to be followed again according to this Decree.

5. For road infrastructure assets that are acquired after the state-funded project implementation process:

a) In case an investment project approved by a competent authority or person identifies the beneficiary of assets that are acquired after the project implementation process and the beneficiary is the road infrastructure authority stipulated in Point a or b, Clause 1 of this Article, after completing the construction investment or procurement, the investor/project owner/project management board shall hand over the assets to the road infrastructure authority; is not required to reinitiate the asset assignment process.

b) In case an investment project approved by a competent authority or person identifies the beneficiary of assets that are acquired after the project implementation process but the beneficiary is not the road infrastructure authority stipulated in Point a or b, Clause 1 of this Article, the following shall be applied:

If the beneficiary is a regulatory agency, a public service provider, an agency of the Communist Party of Vietnam, the Vietnam Fatherland Front or a socio-political organization, after the beneficiary receives the assets, such assets shall be transferred from the beneficiary to the Ministry of Transport or the Province-level People's Committee to be handed over to the road infrastructure authority specified in Point a or b, Clause 1 of this Article; the transfer shall be carried out according to Clause 6 of this Article;

If the beneficiary of assets that are acquired after the project implementation process is not a regulatory agency, a public service provider, an agency of the Communist Party of Vietnam, the Vietnam Fatherland Front or a socio-political organization, the beneficiary shall manage, use and operate the assets according to laws on road traffic and other relevant laws. In case the beneficiary wishes to transfer the assets to the Ministry of Transport or the Province-level People’s Committee to be handed over to the road infrastructure authority specified in point a or b clause 1 of this Article, the regulations in clause 6 of this Article shall be applied.

c) In case an investment project approved by a competent authority or person does not identify the beneficiary of assets that are acquired after the project implementation process, the authority and process for assigning or transferring the road infrastructure assets to the agency specified in point a or point b clause 1 of this Article shall comply with regulations on handling of assets of state-funded projects in laws on management and use of public assets; and the re-initiation of the asset assignment process is not required.

6. If road infrastructure assets are managed by an entity other than the road infrastructure authorities specified in Points a and b, Clause 1 of this Article and the managing entity wishes to transfer such assets to the Ministry of Transport or the Province-level People's Committee which hands over them to the road infrastructure authority specified in Point a or b, Clause 1 of this Article, the authority and process for transferring such assets shall comply with relevant laws; and the re-initiation of the asset assignment process is not required.

If relevant laws do not govern the authority and process for transferring the assets, the authority and process stipulated in clause 2 or clause 3 Article 22 of this Decree may be applied to decide and transfer such assets.

Article 6. Authority to decide assignment of road infrastructure asset management

1. The Prime Minister shall decide assignment of road infrastructure assets involved in national defense and security.

2. The Minister of Transport shall decide assignment of road infrastructure assets under management of central authorities to central road infrastructure authorities, excluding the assets specified in clause 1 of this Article.

3. The Province-level People’s Committees shall decide assignment of road infrastructure assets under management of local authorities to local road infrastructure authorities, excluding the assets specified in clause 1 of this Article.

Article 7. Process for assignment of road infrastructure asset management

1. The Ministry of Transport (for assets under management of central authorities), the Province-level People's Committees (for assets under management of local authorities) shall direct road authorities at the same level to take charge and cooperate with relevant agencies and units in reviewing and producing statistics of all the road infrastructure assets managed or temporarily managed by agencies, organizations, units or enterprises under their management (including the case where assets are invested in form of public-private partnerships and then transferred to the State by the investor without requiring following procedures for recognition of public ownership of assets); on that basis, the assets shall be classified as follows;

a) Road infrastructure assets assigned to the road infrastructure authorities specified in points a and b clause 1 Article 5 of this Decree to manage in case documents concerning the assignment have been issued by competent authorities or persons.

b) Road infrastructure assets managed by road infrastructure authorities specified in points a and b clause 1 Article 5 of this Decree in case documents concerning the assignment have not been issued by competent authorities or persons.

c) Road infrastructure assets temporarily assigned to the road infrastructure authorities specified in points a and b clause 1 Article 5 of this Decree to manage.

d) Road infrastructure assets temporarily assigned or temporarily assigned other entities (other than the road infrastructure authorities specified in points a and b clause 1 Article 5 of this Decree to manage.

2. Based on the results of reviewing, statistical production or classification of assets as prescribed in Clause 1 of this Article, the central road authority (for assets under management of central authorities) or the Province-level road authority (for assets under management of local authorities) shall take charge and prepare an application for assigning the road infrastructure assets to the road infrastructure authority specified in point a or b clause 1 Article 5 of this Decree, submit a report to the Ministry of Transport (for assets under management of central authorities) or to the Province-level People’s Committee (for assets under management of local authorities). The application includes:

a) A document concerning the assignment of such assets issued by the central/province-level road authority: 01 original.

b) The minute of an interdisciplinary meeting or written comment on the assignment of such assets of: an agency, organization, unit or enterprise that is managing or temporarily managing the assets and the superior regulatory authority (if any) of that agency, organization, unit or enterprise; Relevant agency or unit of the Ministry of Transport (for assets under management of central authorities), relevant agency or unit of the local authority (for assets under management of local authorities); the agency expected to be assigned to manage the assets (in case it is expected to be assigned to a district-level road authority or commune-level road authority): 01 original.

c) The list of assets proposed to be assigned (asset name; address; type/class/category; year of commissioning; basic parameters (quantity/length/area, etc.); original cost, residual value (if any); usage status of the asset) prepared by the central road authority/province-level road authority: 01 original.

d) A legal document about such assets (Decision to assign/transfer such assets, minute of handover and receipt of such assets or other instruments and documents proving the right to manage, use or temporarily manage such assets (if any)): 01 copy.

dd) Other relevant instruments (if any): 01 copy.

3. Within 30 days from the date of receipt of the valid application according to clause 2 of this Article, the competent authority or person specified in clause 2 or clause 3 Article 6 of this Decree shall consider and decide assignment of road infrastructure assets, provided that the assignment is within their jurisdiction or prepare written response in case the application for assignment of the assets is not suitable.

In case the assignment of such assets is under the authority to decide of the Prime Minister, the Ministry of Transport (for assets under management of central authorities) or the Province-level People's Committee (for assets under management of local authorities) shall collect written comments of relevant agencies, submit an application for the Prime Minister's consideration and decision to assign such assets. An application includes:

a) Proposal form of the Ministry of Transport or the Province-level People's Committee on the application for assignment of the assets to the road infrastructure authority (specifying the road infrastructure authority; asset assignment method; list of assets proposed to be assigned: name; type/class/category; year of commissioning; basic parameters (quantity/length/area, etc.); residual value (if any); usage status of the asset; agency, organization, unit or enterprise that is managing or temporarily managing the asset) attached to the draft decision of the Prime Minister: 01 original.

b) Summary, explanation, and receipt of comments from relevant agencies: 01 original each;

c) Written comments from relevant agencies: 01 copy each.

d) The documents specified in point b clause 2 of this Article: 01 copy each;

4. A decision to assign road infrastructure assets includes the following main contents:

a) Name of the road infrastructure authority.

b) The list of assets to be assigned (asset name; address; type/class/category; year of commissioning; basic parameters (quantity/length/area, etc.); original cost, residual value (if any); usage status of the asset); agency, organization, unit or enterprise that is managing or temporarily managing the asset).

c) Asset assignment method.

d) Responsibilities for organizing implementation.

5. Bases for the decision to decide assignment of road infrastructure assets of the competent authority or person:

a) The road infrastructure authority shall manage, use and operate the assets specified in point b and point c clause 1 of this Article according to regulations herein, laws on road traffic and other relevant laws; is not required to hand over or receive the assets as specified in point b of this clause.

b) The agency, organization, unit or enterprise that is managing or temporarily managing assets (assignor) shall hand over the assets to the road infrastructure authority (assignee) in respect of the assets specified in point d clause 1 of this Article. The handover or receipt of the assets shall be recorded using the Form No. 01 in the Appendix enclosed herewith. After receiving the assets, the road infrastructure authority shall manage, use and operate such assets according to this Decree, laws on road traffic and other relevant laws.

6. Funding for organization of reviewing, producing statistics and assigning asset management shall be allocated from the state budget according to laws on state budget.

Chapter III

MANAGEMENT, USE AND OPERATION OF ROAD INFRASTRUCTURE ASSETS

Section 1. DOSSIERS ON MANAGEMENT OR ACCOUNTING OF ROAD INFRASTRUCTURE ASSETS

Article 8. Dossiers on management of road infrastructure assets

1. A dossier on management of road infrastructure assets includes:

a) Records relating the creation and change of road infrastructure assets specified in this Decree and relevant laws; legal documents on land affixed to the road infrastructure assets (if any) in case the land is allocated or leased out by a competent authority or person in accordance with land laws.

b) Declaration reports; reports on the management, use and operation of the road infrastructure assets as specified in this Decree.

c) Data in the RIAD as specified in this Decree.

2. Road infrastructure authorities shall prepare dossiers, manage and store dossiers relating to assets specified in clause 1 of this Article according to regulations; follow the reporting regime as specified herein.

Responsibilities for preparing, managing, and archiving documents concerning investment in construction, expansion, upgrading, and renovation of road infrastructure assets shall be carried out in accordance with construction laws, road traffic laws and other relevant laws.

Article 9. Accounting of road infrastructure assets

1. Road infrastructure assets with an independent structure or a system consisting of many individual asset parts linked together to perform one or a number of certain functions are an accounting entry.

In case a system is assigned to multiple authorities, the accounting entry shall be the portion of assets assigned to each authority.

2. Road infrastructure authorities shall:

a) Open accounting books and carry out accounting of road infrastructure assets (or general accounting on the basis of detailed accounting of affiliated administrative organizations or affiliated public service providers that are delegated/authorized/assigned to carry out accounting work specified in Clause 2, Article 5 of this Decree) according to accounting laws and the provisions of this Decree.

b) Make reports on the increase, decrease, and depreciation of road infrastructure assets according to the provisions of law.

3. The original cost, residual value of road infrastructure assets that are fixed assets are determined according to the following principles:

a) For road infrastructure assets purchased or invested in construction, which are completed and put into use from the effective date of this Decree, the original cost for recording in accounting books shall be the purchase value or construction investment value approved by a competent authority and person according to regulations.

In case the purchase value or investment value is settled together for many assets or asset items (not separate for each asset or asset item), the original cost of each asset or asset item is allocated according to appropriate criteria (quantity/detailed estimate/proportion according to the corresponding market value of the asset, etc.).

In case the financial statement has not been approved by a competent authority or person, the provisional sum will be used. The provisional sum in this case shall be selected in the following order of priority: Inspected and approved value; proposed value; value determined according to the Acceptance Record A - B; value of total investment or approved project estimate or most recently adjusted project estimate (in case the project estimate is adjusted).

When the final value is approved by the competent person or authority, the agency or unit assigned to manage the clean water supply infrastructure asset shall revaluate the provisional sum recorded on the accounting book according to the approved final value to adjust the accounting book and perform asset accounting according to regulations.

b) For road infrastructure assets received by an road infrastructure authority according to a decision on assignment or transfer of a competent authority or person from the effective date of this Decree, the original cost and residual value of the assets are determined based on the original price and residual value recorded in the minute of handover and receipt of the assigned or transferred assets. With the exception of assignment of existing assets to an road infrastructure authority under Chapter II of this Decree whose value has not been tracked in any accounting book, after receipt, the road infrastructure authority shall cooperate with the agency, organization, or unit currently managing/temporarily managing (the assignor), based on the origin of the assets and relevant documents, in determining the original price and residual value of the assets according to corresponding provisions in points a, b and d of this clause.

c) Book values of road infrastructure assets that are inventoried to detect excess during use, depending on the origin and time of putting them into use shall be determined accordingly according to the provisions of points a, b and d of this clause.

d) Book values of road infrastructure assets existing before the effective date of this Decree shall be determined according to regulations of the Minister of Finance.

4. The original cost of a road infrastructure asset shall be adjusted in the following cases:

a) Reevaluation of the value of the asset when making inventory as prescribed in the decision of the Prime Minister.

b) Upgrade and extension of the asset according to the project approved by a competent authority or person.

c) Dismantlement of one or several parts of the asset (in case the value of the dismantled part is being recorded in the original price of the asset), except for dismantlement for replacement during project maintenance.

d) Installation of one or more additional parts of the asset, except for installation for replacement during project maintenance.

dd) Partial loss or serious damage due to natural disasters, force majeure incidents or other unexpected impacts (except in cases where the asset is repaired according to the provisions of law on road maintenance or restored through insurance cover and compensation by relevant organizations and individuals).

5. The value of road infrastructure assets specified in this Decree is used for accounting records and declarations to log information into the database on road infrastructure assets database and for other purposes as prescribed by law.

6. The accounting, management, and depreciation of road infrastructure assets shall comply with the regulations of the Minister of Finance.

Section 2. MAINTENANCE OF WORKS BELONGING TO ROAD TRANSPORT INFRASTRUCTURE ASSETS AND MANAGEMENT AND OPERATION OF ASSETS DURING UPGRADING, RENOVATION, AND EXPANSION OF ASSETS<0}

Article 10. Maintenance of works belonging to a road infrastructure asset

1. Works belonging to the road infrastructure asset must be maintained to ensure normal operation and safety in assets use and operation.

2. Methods of maintenance of works belonging to the road infrastructure asset include quality-based maintenance and practical workload maintenance.

a) Quality-based maintenance refers to the maintenance carried out according to specific quality standards, in a specific amount of time with a specific amount of money as prescribed in the economic contract. The quality-based maintenance is only applied if the maintenance is carried out regularly.

The criteria for monitoring, inspection and acceptance of results of quality-based maintenance of works belonging to the road infrastructure asset shall comply with regulations of the Minister of Transport.

b) Practical workload maintenance refers to the carrying out of maintenance based on the actual implemented workload.

c) The Minister of Transport (for assets managed by central authorities), the province-level People’s Committees (for assets managed by local authorities) shall decide or promulgate regulations on the authority to decide the application of whether quality-based maintenance or practical workload maintenance to preventive maintenance.

3. Other contents on maintenance of works belonging to the road infrastructure asset are carried out in accordance with the provisions of the law on road traffic, the law on quality management and maintenance of construction works, other relevant laws.

4. In the process of managing and maintaining works belonging to the road infrastructure asset, in cases where materials and supplies are recovered from the maintenance of works, the recovered materials and supplies shall be handled according to the provisions of this Decree.

5. In case of transfer of the right to collect tolls, lease of the right to operate asset or fixed-term transfer of the right to operate asset, if the responsibility for maintaining the works belonging to the asset is

The recovered materials and supplies (if any) in this case will be handled by the transferee of the right to collect tolls, the lessee of the right to operate the asset, and the transferee of the right to operate the asset for a fixed term according to the provisions of relevant laws.

Article 11. Management and operation of assets during the period of investment in upgrading, renovating and expanding road infrastructure assets according to state-funded projects approved by competent authorities and persons

1. Existing road infrastructure assets are invested in upgrading, renovation, expansion according to state-funded projects approved by competent authorities and persons (including investment projects to build, upgrade, renovate or expand other assets which include the investment in the existing road infrastructure assets), investment in upgrading, renovating or expanding assets shall comply with the provisions of law on state budget, law on public investment, law on construction, law on road traffic and other relevant laws.

2. If the project developer of an investment project to upgrade, renovate or expand assets does not the road infrastructure authority, on the basis of the investment project approved by a competent authority or person:

a) The Ministry of Transport (for assets under management of central authorities), the provincial People’s Committee (for assets under management of local authorities) is responsible for directing the road infrastructure authority under their management to temporarily hand over the assets to the project developer of the project during the project execution. The temporary handover of the assets shall be recorded using the Form No. 01A in the Appendix enclosed herewith.

b) During the temporary handover of the assets to the project developer, the road infrastructure authority is responsible for asset management and accounting; the project developer is responsible for ensuring smooth and safe traffic during the investment, including the responsibility for maintaining the works belonging to the assets in case where the project approved by the competent authority or person has funds for maintenance of works belonging to the assets allocated; Do not allocate funds for maintenance of the works belonging to the assets to the road infrastructure authority during the temporary handover of the assets to the project developer. <0}

c) After the project is completed, handed over and put into use according to regulations, the project developer is responsible for handing over the assets and the increased value of the assets due to project execution according to the provisions of law to the road infrastructure authority to manage, use and operate the assets according to the provisions of this Decree, road traffic laws and other relevant laws.

Section 3. Operation of Road infrastructure assets

Article 12. Forms of and proceeds from operation of road infrastructure assets

1. Forms of operation of road infrastructure assets:

a) Direct operation of road infrastructure assets by the road infrastructure authority.

b) Transfer of the right to collect tolls.

c) Lease of the right to operate road infrastructure assets.

d) Fixed-term transfer of the right to operate road infrastructure assets.

dd) If it is necessary to operate road infrastructure assets in a form other than the forms specified in Points a, b, c and d of this Clause, the Ministry of Transport (for assets under management of central authorities), the Provincial People's Committee (for assets under management of local authorities) shall take charge and cooperate with relevant agencies in developing a scheme for operating road infrastructure assets and submitting it to the Prime Minister for consideration and approval. The main content of the scheme shall be in accordance with Form No. 02D in the Appendix enclosed herewith. After the scheme is approved by the Government, the Ministry of Transport and the Provincial People’s Committee shall direct and inspect the implementation of the scheme under their management.

2. In case the form of operation of road infrastructure assets specified in Point b, c or d, Clause 1 of this Article is applied and it is required to hire a consultant to prepare a scheme for operation of assets, the cost of hiring the consultant will be advanced from the regular expenditure source of the road infrastructure authority and deducted from proceeds from the asset operation. The selection of a unit in charge of hiring a consultant in preparing a scheme for asset operation shall comply with regulations.

3. Proceeds from operation of road infrastructure assets:

a) Road tolls and other fees (if any) as prescribed by law.

b) Proceeds from the provision of services relating to road infrastructure assets.

c) Proceeds from transfer of the right to collect tolls, lease of the right to operate road infrastructure assets or fixed-term transfer of the right to operate road infrastructure assets.

d) Other proceeds (if any) as prescribed by law.

4. During the management, use and operation of road infrastructure assets:

a) In case a part of road infrastructure assets (roadbed, sidewalk) is temporarily used to organize cultural, sports activities, parades, festivals on the road or other activities on the road according to the provisions of the Law on Road Traffic, such use shall comply with road traffic laws and other relevant laws instead of this Decree.

b) In case telecommunications works are installed on road infrastructure assets, such installation shall comply with the provisions of law on telecommunications; the management and use of proceeds from the installation of telecommunications works on road infrastructure assets shall comply with the provisions of Point b, Clause 1, Article 18 of this Decree.

5. In case a franchise is granted to trade and manage road infrastructure assets under an Operation and Management (O&M) Contract, during the contract execution, the franchise shall comply with the provisions of law on PPP investment; and the operation shall not be conducted according to the provisions of this Decree.

Article 13. Operation of road infrastructure assets in case road infrastructure authorities directly organize operation

1. Road infrastructure authorities shall direct organize the operation of road infrastructure assets by providing road use services and other services related to road infrastructure assets to organizations and individuals according to the provisions of road traffic law and relevant laws.

2. Authority to approve Schemes for operating road infrastructure assets in case road infrastructure authorities directly organize operation:

a) The Prime Minister shall approve Schemes for operating road infrastructure assets relating to national defense and security.

b) The Minister of Transport shall approve Schemes for operating road infrastructure assets managed by central road infrastructure authorities, except for the assets specified in Point a of this Clause.

c) The Province-level People’s Committees shall approve Schemes for operating road infrastructure assets managed by local road infrastructure authorities, except for the assets specified in Point a of this Clause.

3. Preparation and approval for a scheme for operating road infrastructure assets under the authority to approve by the Minister of Transport:

a) The central road infrastructure authority shall prepare an application for approving the scheme for operating road infrastructure assets and submit it to the Ministry of Transport. The application includes:

Proposal from the road infrastructure authority regarding the request for approval for the Scheme: 01 original;

The scheme for operating road infrastructure assets made using Form No. 02A in the Appendix enclosed herewith: 01 original;

Summary, explanation, and receipt of comments from relevant agencies (if any): 01 original;

Comments of relevant agencies (if any): 01 copy.

Other relevant dossiers (if any): 01 copy.

b) Within 30 days from the date of receipt of a valid application specified in point a of this clause, the Minister of Transport shall consider and approve the scheme for operating road infrastructure assets or provide a written response in case the Scheme is not suitable.

4. Preparation and approval for a scheme for operating road infrastructure assets under the authority to approve by the Province-level People’s Committee:

a) Regarding assets managed by a province-level road infrastructure authority:

The road infrastructure authority shall prepare an application for approving the scheme for operating road infrastructure assets, report to the province-level People’s Committee. The application includes:

Proposal from the road infrastructure authority regarding the request for approval for the Scheme: 01 original;

The scheme for operating road infrastructure assets made using Form No. 02A in the Appendix enclosed herewith: 01 original;

Summary, explanation, and receipt of comments from relevant agencies (if any): 01 original;

Comments of relevant agencies (if any): 01 copy.

Other relevant dossiers (if any). 01 copy.

b) Regarding assets managed by a district-level/commune-level road infrastructure authority:

b1) The road infrastructure authority shall prepare an application for approving the scheme for operating road infrastructure assets, report to the district-level People’s Committee for consolidation and send comments to the province-level road authority. The application includes:

Proposal from the road infrastructure authority regarding the request for approval for the Scheme: 01 original;

The scheme for operating road infrastructure assets made using Form No. 02A in the Appendix enclosed herewith: 01 original;

Summary, explanation, and receipt of comments from relevant agencies (if any): 01 original;

Comments of relevant agencies (if any): 01 copy.

Other relevant dossiers (if any): 01 copy.

b2) Within 30 days from the date of receipt of a valid application specified in point b1 of this clause, the Province-level People’s Committee shall consolidate and send comments to the province-level road authority. The application includes:

Proposal from the district-level People’s Committee regarding the request for approval for the Scheme: 01 original;

The scheme for operating road infrastructure assets shall be made by the road infrastructure authority using Form No. 02A in the Appendix enclosed herewith: 01 original;

Summary, explanation, and receipt of comments from relevant agencies (if any): 01 original;

Comments of relevant agencies (if any): 01 copy.

The application specified in point b1 of this clause: 01 copy.

b3) Within 30 days from the date of receipt of a valid application specified in point b2 of this clause, the road authority shall submit it to the province-level People’s Committee for consideration and approval for the Scheme for operating road infrastructure assets. The application includes:

Proposal from the province-level road authority regarding the request for approval for the Scheme: 01 original;

The scheme for operating road infrastructure assets shall be made by the road infrastructure authority using Form No. 02A in the Appendix enclosed herewith: 01 original;

Summary, explanation, and receipt of comments from relevant agencies (if any): 01 original;

Comments of relevant agencies (if any): 01 copy.

The application specified in point b2 of this clause: 01 copy.

c) Within 30 days from the date of receipt of a valid application specified in point a or point b of this clause, the province-level People’s Committee shall consider and approve the scheme for operating road infrastructure assets or provide a written response in case the Scheme is not suitable.

5. Preparation and approval for a scheme for operating road infrastructure assets under the authority to approve by the Prime Minister:

a) An application concerning a scheme for operating road infrastructure assets shall be prepared and submitted to the Ministry of Transport (if the assets are under management of a central authority), or the province-level People’s Committee (if the assets are under management of a local authority) according to the provisions of point a clause 3, point a or b clause 4 of this Article.

b) Within 45 days from the date of receipt of a valid application prescribed in point a of this clause, the Ministry of Transport (if the assets are under management of a central authority), or the province-level People’s Committee (if the assets are under management of a local authority) shall consult relevant authorities and prepare and submit an application to the Prime Minister for consideration and approval for the scheme under their authority. The application includes:

Proposal from the Ministry of Transport or the province-level People’s Committee concerning the request for approval for the Scheme enclosed with the Prime Minister’s draft decision on the approval for the Scheme: 01 original;

The scheme for operating road infrastructure assets shall be made by the road infrastructure authority using Form No. 02A in the Appendix enclosed herewith: 01 original;

Summary, explanation, and receipt of comments from relevant agencies prepared by the Ministry of Transport or the province-level People’s Committee: 01 original;

Comments of relevant agencies: 01 copy.

The application specified in point a of this clause: 01 copy.

6. Main contents of the decision on approval for the scheme for operating road infrastructure assets include:

a) Name of the road infrastructure authority.

b) The list of assets to be operated (asset name; address; type/class/category; year of commissioning; basic parameters (quantity/length/area, etc.); original cost, residual value (if any); usage status of the asset).

c) Method for operation: The road infrastructure authority shall directly organize the operation.

d) Asset operation period (if any).

dd) Powers and responsibilities of the Roads and traffic authority (RTA).

e) Powers and responsibilities of the road infrastructure authority.

g) Responsibilities for organizing implementation.

7. On the basis of the decision on approval for the scheme for operating road infrastructure assets issued by a competent agency or person, the road infrastructure authority shall provide road use services and other services relating to the road infrastructure assets to organizations or individuals according to the provisions of road traffic law, relevant laws and the approved Scheme.

8. For road infrastructure assets serving public purposes (no revenue is generated from the asset operation), the road infrastructure authority shall manage, use and operate according to regulations; not have to prepare a scheme for operating road infrastructure assets as prescribed in Clauses 2, 3, 4, 5, 6, and 7 of this Article. The Minister of Transport (if the assets are under management of a central authority), or the province-level People’s Committee (if the assets are under management of a local authority) shall decide on the list of road infrastructure assets under their management serving public purposes. Procedures shall be carried out as follows:

a) A central road authority (if the assets are under management of a central authority) or a province-level road authority (if the assets are under management of a local authority) shall prepare an application for approving the scheme for operating road infrastructure assets serving public purposes (no revenue is generated from the asset operation), report to the Ministry of Transport (if the assets are under management of a central authority) or the Province-level People’s Committee (if the assets are under management of a local authority). The application includes:

Proposal from the central road authority (if the assets are under management of a central authority) or the Province-level road authority (if the assets are under management of a local authority) concerning the request for approval for the list of road infrastructure assets serving public purposes: 01 original;

The list of road infrastructure assets serving public purposes made using Form No. 01B in the Appendix enclosed herewith: 01 original;

Document concerning the request for approval for the list of road infrastructure assets serving public purposes that is made by the district-level People's Committee and district-level road infrastructure authority (if the assets are under management of a district-level authority) and sent to the province-level road authority: 01 copy.

Comments of relevant agencies (if any): 01 copy.

Other relevant dossiers (if any). 01 copy.

b) Within 30 days from the date of receipt of a valid application specified in point a of this clause, the Minister of Transport or the Province-level People’s Committee shall consider and approve the list of road infrastructure assets serving public purposes (no scheme for operating road infrastructure assets is required) or provide a written response in case the request is not suitable.

9. During the operation of road infrastructure assets works, in cases where materials and supplies are recovered, the recovered materials and supplies shall be handled according to regulations on handling of materials and supplies recovered from asset liquidation in this Decree.

Article 14. Transfer of the right to collect tolls

1. The transfer of the right to collect tolls means the assignment by the State of the right to collect road tolls to an organization under a contract to receive a corresponding amount of money.

2. The scope of assets to which the right to collect tolls is transferred is road traffic infrastructure assets or part of road traffic infrastructure assets that are entitled to collect road tolls according to the provisions of law (except for road tolls collected through vehicle registration according to the provisions of law on fees and charges).

3. The transfer of the right to collect tolls does not apply to:

a) Road infrastructure assets related to national defense and security.

b) Road infrastructure assets specified in clause 1 Article 16 hereof.

4. The time limit for transfer of the right to collect tolls is specifically determined in each transfer contract but shall not exceed 10 years, in accordance with each asset (or part of an asset) as approved by the competent authority or person specified in Clause 5 of this Article in the decision to approve the project for the transfer of the right to collect tolls

5. The authority to approve schemes for transfer of rights to collect tolls:

a) The Minister of Transport approves schemes for transfer of the right to collect tolls managed by the central road infrastructure authorities.

b) The Provincial People's Committees approves schemes for transfer of the right to collect tolls managed by the local road infrastructure authorities.

6. Schemes for transfer of rights to collect tolls, which fall under the approval authority of the Minister of Transport and the provincial People's Committees stipulated in Clause 5 of this Article, shall be prepared and approved following the same procedures as those specified in Clauses 3 and 4 of Article 13 of this Decree. Schemes for transfer of rights to collect tolls shall be prepared using Form No. 02B in the Appendix enclosed herewith.

7. The main content of a Decision to approve a Scheme for transfer of rights to collect tolls includes:

a) Name of the road infrastructure authority.

b) List of assets subject to transfer of charge collection rights (asset name; address; type/class/category; year of commissioning; basic specifications (quantity/length/area, etc.); original cost, remaining value (if any); condition of asset usage).

c) Time limit for transfer of rights to collect tolls.

d) Method for transfer of rights to collect tolls: Auctions.

dd) Conditions for organizations to participate in auction for the acquisition of the rights to collect tolls by transfer.

e) Form of payment for the transfer of rights to collect tolls.

g) Term of payment for the transfer of rights to collect tolls.

h) Management and use of the revenues collected from the transfer of rights to collect tolls.

i) Rights and responsibilities of the road authorities.

k) Rights and responsibilities of the road infrastructure authorities.

l) Responsibilities for implementation.

8. On the basis of the Decision to approve the scheme for transfer of the right to collect tolls of a competent authority or person:

a) The road infrastructure authority shall determine the starting price for auction for the transfer of rights to collect tolls according to the provisions of Article 17 hereof.

b) The road infrastructure authority shall organize the auction for the transfer of right to collect tolls in accordance with the law on asset auctions; supervise the entire process of conducting the auction and the other rights and obligations of the asset owner as prescribed by the Law on Asset Auctions.

c) In addition to the conditions stipulated by law on asset auctions, an organization participating in the auction for the acquisition of the rights to collect tolls by transfer must also meet the following conditions:

Have been given decisions for the establishment/business registration in accordance with laws;

Possess the capability and experience in operating similar road infrastructure works for at least 02 years as of the time of submitting the auction application;

Have financial capability which is demonstrated through the revenue and pre-tax profit indicators for at least two consecutive years, as reflected in the financial statements of the organization, which have been audited in accordance with regulations. The road infrastructure authority shall clearly define the revenue and pre-tax profit indicators to be included in the scheme for transfer of rights to collect tolls submitted to the competent authority or person for approval

9. Signing contracts for transfer of rights to collect tolls and Appendices to the contracts (if applicable). A contract for transfer of rights to collect tolls includes:

a) Information of the transferor of rights to collect tolls (road infrastructure authority)

b) Information of the transferee of rights to collect tolls (successful bidder).

c) List of assets subject to transfer of charge collection rights (asset name; address; type/class/category; year of commissioning; basic specifications (quantity/length/area, etc.); original cost, remaining value (if any); condition of asset usage).

d) Time limit for transfer of rights to collect tolls.

dd) The revenue generated from the asset operation each year during the transfer period stated in the plan for starting price for auction (hereinafter referred to as “revenue in the starting price plan”).

e) The payment for the transfer of rights to collect tolls (according to the hammer price).

g) Term of payment for the transfer of rights to collect tolls:

The transfer value is to be paid a maximum of two times within 90 days from the date of signing the contract, with the first payment being at least 50% of the transfer value within 30 days from the date of signing. In the case where the transfer value exceeds 1.000 billion VND, payment can be made a maximum of three times within 12 months from the date of signing the contract, with the first payment being at least 40% of the transfer value within 60 days from the date of signing, and the second payment being at least 30% of the transfer value within 120 days from the date of signing.

h) The contract performance security (in addition to the transfer value as stipulated in the contract): The performance security is equal to 5% of the total transfer value of the entire transfer period based on the hammer price shall be transferred into an escrow account at a credit institution by the transferee of rights to collect tolls. The deadline for transferring the performance security into the escrow account is 15 days from the date of signing the contract. The escrow period corresponds to the time limit for transfer of rights to collect tolls.

In the event that at the time of termination of a contract for transfer of rights to collect tolls, the transferee has not fulfilled their obligations to pay for the acquisition of rights to collect tolls, breach contracts related to the handover of rights to collect tolls to the transferor), the performance security shall be used to offset the obligations that the transferee must fulfill for the aforementioned incomplete obligations, and any remaining amount (if any) shall be handled in accordance with civil laws.

i) Responsibilities and technical requirements for the maintenance of works of road infrastructure assets and other necessary contents related to the maintenance work.

k) The term for the transferor to transfer rights to collect tolls to the transferee; the term for the transferee to return the right to operate assets to the transferor.

l) Address situations where the actual operation revenue significantly deviates from the reconciled revenue:

Annually, if the actual revenue from the operation of the transferred assets (as per the audited financial statements in accordance with regulations) exceeds the reconciled revenue by 125% or more, the transferee must pay an additional amount of 50% of the increased revenue beyond 125% into an escrow account as stipulated in Clause 2, Article 18 of this Decree; wherein, the reconciled revenue is defined as the revenue generated from the operation of assets for the corresponding year of the transfer period stated in the starting price plan.

The Transferor and the Transferee shall, based on their audited financial statements, determine the additional amount that the Transferee must pay into the escrow account (if any). Subsequently, the Transferor shall provide a written notification to the agency or person having authority to approve the scheme for the transfer of rights to collect tolls, the holder of the escrow account as per the provisions of point a, clause 2, Article 18 of this Decree, and the Transferee for monitoring, collecting and managing the amount. The deadline for determining, notifying, and depositing amounts of money into the escrow account is 30 days from the date of receiving the notification from the transferor and no later than October 31 of the following year adjacent to the year in which additional revenue is generated so that the additional payment must be made; for the final year, payments must be made into the escrow account prior to the termination of the contract.

m) Conditions for contract termination.

n) Rights and obligations of the parties.

o) Handling of breaches of contracts and contract disputes in accordance with civil laws and related laws.

p) Handling of cases where, during the period of transferring rights to collect tolls under contracts, there arise upgrades, renovations, or expansions of the assets according to projects funded by state capital approved by competent authorities or persons.

Contracts for transfer of rights to collect tolls that have been signed and Appendices of the signed contracts (if any) shall be sent to the escrow account holders specified in point a of clause 2, Article 18 of this Decree for monitoring and managing the amounts of money collected from the transfer of the rights to collect tolls.

10. Rights of transferees of rights to collect tolls:

a) Organize the operation of assets in accordance with the laws and the signed contracts.

b) Decide the methods and measures for asset operation, ensuring the compliance with road traffic laws and the signed contracts.

c) Be protected in terms of legitimate rights and interests; have the right to lodge complaints and file lawsuits in accordance with the laws if their rights and interests are infringed.

d) Collect road tolls and charges for other services related to road infrastructure assets in accordance with the laws and the signed contracts.

dd) Be permitted to renovate, upgrade, and supplement functions of the assets acquired by transfer of the rights to collect tolls using funds from the transferee, in order to serve management and operation purposes, provided that it is approved by the competent agencies or persons stipulated in Clause 5 of this Article. Upon the termination of the contract, the transferee must return the property in its original state, including any improvements, upgrades, or additional functionalities (if applicable) to the transferor, and shall not be eligible for reimbursement.

e) Other rights as stipulated by law and contractual agreements.

11. Obligations of transferees of rights to collect tolls:

a) Protect the assets acquired through the transfer of the right to collect tolls (including land affixed to constructions and construction items); ensure that these assets are not encroached upon or used improperly, and prevent other violations in accordance with the law.

In the event of an incident occurring at the construction site, the transferee is responsible for promptly notifying the transferor to implement measures in accordance with the road traffic laws and relevant laws.

b) Use and operate assets for their intended purpose and mission; the conversion of their functionality, transfer, sale, donation, contribution of capital, mortgaging, or other measures to ensure the fulfilment of civil obligations is not permitted.

c) Carry out maintenance of the works related to the assets as per the signed contract and the provisions of the law.

d) Fully and punctually pay for the transfer of the right to collect tolls (including any additional payment as stipulated in point l of clause 9 of this Article) as prescribed; in cases where the payment deadline set forth is exceeded and the transferee has not made the payment or has not made full payment, a contractual penalty must be imposed; the penalty amount shall be equivalent to the late payment interest determined according to the provisions of the law on tax administration.

dd) Submit annual reports on revenues from the operation of assets acquired by transfer of the right to collect tolls enclosed with the audited financial statements as required to the transferor.

e) Be subject to the inspection and supervision of the transferor; jointly address any arising issues with the transferor.

g) Return the assets upon the expiration of the time limit for transfer of the right to collect charges and in the cases specified in Clauses 16 and 17 of this Article.

h) As stipulated in the signed contract, the transferee must send periodic or ad hoc notifications of the condition of the assets to the transferor, ensuring that road traffic operations are safe and uninterrupted.

i) Other obligations under the signed contract and the provisions of the law.

12. The road infrastructure authority and its superior regulatory authorities (if any) are responsible for regularly inspecting and monitoring the implementation of the Scheme for transfer of the right to collect tolls approved by the competent agency or person; exercising rights and obligations as stipulated by law; and timely addressing violations and arising difficulties within their jurisdiction or reporting to the competent agency or person for resolution as prescribed by law.

13. The proceeds obtained from the transfer of the right to collect tolls shall be managed and utilized in accordance with the provisions of Article 18 of this Decree.

14. Upon the termination of the time limit for transfer of the right to collect tolls as per the contract, the transferee shall:

a) Return the right to collect tolls to the Transferor from the expiration date of the contract or the expiration date of the renewed contract as stipulated in Clause 18 of this Article (if any), including cases where the contract has not yet been liquidated and the property has not yet been returned to the Transferor.

b) Collaborate with the transferor to inventory and assess the condition of the assets; the inventory and condition assessment of the assets shall be documented in a written record.

c) Carry out repairs and maintenance of constructions to repair any damage to the assets (if applicable).

d) Coordinate with the Transferor to carry out the contract termination in accordance with the law after completing the repair of any damages to the assets (if any), completing the payment for the transfer of the right to collect tolls (including any additional payment (if any) stipulated in point 1 of clause 9 of this Article); and provide a written commitment that the assets are not under any pledge, mortgage, or subject to other security measures for debt obligations as prescribed by civil law.

dd) Notify the handling of escrow deposits to the credit institution where escrow deposit is made in accordance with the provisions stated in point h, clause 9 of this Article.

15. Upon the termination of the time limit for transfer of the right to collect tolls as per the contract, the transferor shall:

a) Receive the assets for management, use, and operation of assets in accordance with the provisions of this Decree from the moment the transferee must return the right to collect charges as stipulated in point a of clause 14 of this Article.

b) Carry out the maintenance of the constructions related to the assets from the time the transferee return the right to collect tolls as stipulated in point a of this clause (except for the period during which the transferee must repair and maintain the constructions to repair damages to the assets as prescribed).

16. In cases of force majeure or when the State repossesses land affixed to road infrastructure assets for the purposes of national defense, security, and socio-economic development in the interest of the nation and the public, as stipulated by land law, and where the term for transfer of the right to collect tolls under the contract has not yet expired, the parties shall terminate the contract prematurely. The transferee shall be reimbursed for the corresponding value of the payment for the transfer of rights to collect tolls that has been made for the remaining duration (if any) of the contract, and the escrow deposit stipulated in point h, clause 9 of this Article. The determination of the corresponding value to be reimbursed to the transferee (if any) shall be primarily led by the transferor, in cooperation with the transferee, and the reimbursement shall be proposed to the competent agency or person specified in clause 5 of this Article for decision. The reimbursed amount shall be allocated to the estimated recurrent expenditure budget of the transferor for the purpose of reimbursement, and the order and procedures for reimbursement shall comply with state budget laws. The provisions of clause 14 and clause 15 of this Article shall apply for other contents.

17. The breach of contracts and contract disputes shall be handled according to the signed contracts, civil laws and related laws. In the event of early termination of a contract due to the breach of the contract or a contract dispute, the procedures for handling upon the termination of the contract shall comply with the provisions laid out in Clauses 14 and 15 of this Article.

18. During the time limit for transfer of the right to collect tolls under a contract, there arise upgrades, renovations, or expansions of the assets according to a project funded by state capital approved by a competent agency or person, the road infrastructure authority shall comply with public investment laws, road traffic laws and related laws. The transferee shall be reimbursed for the corresponding value of the payment for the transfer of the right to collect charges as per the contract, due to the absence of revenue during the upgrade, renovation, or expansion of the assets in accordance with the project, or the extension of the contract duration corresponding to the time required for the transfer of the assets to the road infrastructure authority for carrying out the upgrade, renovation, or expansion of the assets; the determination of the corresponding reimbursable value or the extension of the contract duration shall be established by the transferor; the rebursement shall be decided by the agency or person having authority to approve the Scheme for transferring the right to collect tolls stipulated in Clause 5 of this Article; the reimbursed amount shall be allocated in the estimated recurrent expenditure budget of the transferor for the purpose of reimbursement; and the procedures for reimbursement shall comply with state budget laws. The provisions of clause 14 and clause 15 of this Article shall apply for other contents.

Article 15. Lease of the right to operate road infrastructure assets

1. Lease of the right to operate assets refers to the State transfer of the right to operate assets to an organization under a contract for a specified period, in exchange for a corresponding payment.

2. Road infrastructure assets that are leased for operation include the road infrastructure assets or a portion of the existing road infrastructure assets.

3. The lease of the right to operate road infrastructure assets does not apply to:

a) The road infrastructure assets related to national defense and security.

b) Road infrastructure assets subject to road tolls in accordance with the laws.

c) Road infrastructure assets specified in clause 1 Article 16 hereof.

4. Term of lease of the right to operate assets shall be specified in lease contracts and shall not exceed 10 years.

The specific lease term applicable to each road infrastructure asset (a portion of the asset) shall be approved by the competent agency or person specified in Clause 5 of this Article in the Decision to approve the scheme for lease of the right to operate assets.

5. The authority to approve schemes for lease of the right to operate assets:

a) The Minister of Transport has authority to approve schemes for lease of the right to operate assets managed by the central road infrastructure authorities.

b) The Provincial People's Committees have authority to approve schemes for lease of the right to operate assets managed by the local road infrastructure authorities.

6. Schemes for lease of the right to operate assets, which fall under the approval authority of the Minister of Transport and the provincial People's Committees shall be prepared and approved following the same procedures as those specified in Clauses 3 and 4 of Article 13 of this Decree. Schemes for lease of the right to operate assets shall be prepared using Form No. 02C in the Appendix enclosed herewith.

7. The main content of a Decision to approve a Scheme for lease of the right to operate assets includes:

a) Name of the road infrastructure authority.

b) List of assets subject to lease of the right to operate (asset name; address; type/class/category; year of commissioning; basic specifications (quantity/length/area, etc.); original cost, remaining value (if any); condition of asset usage).

c) Term of lease of the right to operate assets.

d) Method of lease of the right to operate assets: Auctions.

dd) Conditions for organizations to participate in auction for the lease of the right to operate assets.

e) Method of payment for the lease of the right to operate assets (annual rent payment or one-off arrangement)

g) Term of payment for the lease of the right to operate assets.

h) Management and use of the proceeds obtained from the lease of the right to operate assets.

i) Rights and responsibilities of roads and traffic authorities.

k) Rights and responsibilities of the road infrastructure authorities.

l) Responsibilities for implementation.

8. On the basis of the Decision to approve the scheme for lease of the right to operate assets of a competent authority or person:

a) The road infrastructure authority shall determine the starting price for auction for the lease of the right to operate assets according to the provisions of Article 17 hereof.

The starting price for auction for the lease of the right to operate assets is the total rent for the lease of the right to operate assets calculated for the entire lease term in accordance with the provisions of Article 17 of this Decree.

b) The road infrastructure authority shall organize the auction for the lease of the right to operate assets in accordance with the law on asset auctions; supervise the entire process of conducting the auction and the other rights and obligations of the asset owner as prescribed by the Law on Asset Auctions.

c) In addition to the conditions prescribed by property auction laws (except for cases where the lease of the right to operate road infrastructure assets that are technical infrastructure facilities (including power lines, cables, pipelines), advertising boards, and other constructions installed into the road infrastructure and road safety corridors in accordance with road traffic laws), each organization participating in the auction for the lease of rights to operate assets must also meet the following conditions:

Have been given decisions for the establishment/business registration in accordance with laws;

Possess the experience in managing and operating similar road infrastructure works for at least 02 years as of the time of submitting the auction applications;

Have financial capability which is demonstrated through the revenue and pre-tax profit indicators for at least two consecutive years, as reflected in the financial statements of the organization, which have been audited in accordance with regulations. The road infrastructure authority shall clearly define the revenue and pre-tax profit indicators to be included in the scheme for lease of the right to operate assets submitted to the competent authority or person for approval.

9. Signing contracts for lease of the right to operate assets and Appendices to the contracts (if applicable). A contract for lease of the right to operate assets includes:

a) Information of the lessor of right to operate assets (road infrastructure authority).

b) Information of the lessee of right to operate assets (successful bidder).

c) List of assets subject to lease of the right to operate assets (asset name; address; type/class/category; year of commissioning; basic specifications (quantity/length/area, etc.); original cost, remaining value (if any); condition of asset usage).

d) Term of lease of the right to operate assets.

dd) The revenue generated from the asset operation each year during the lease term stated in the plan for starting price for auction (hereinafter referred to as “revenue in the starting price plan”).

e) The rent payable annually or in one instalment.

g) Method of payment for the lease of the right to operate assets; term of payment for the lease of the right to operate assets.

In cases where the right to operate assets is leased out with annual rent payment, the payment shall be made once a year, no later than March 31 of the following year. The lessee shall, based on the provisions of Clause 1, Article 17 of this Decree, determine and pay the annual rent; in the event that at the time of paying the annual rent, the financial statement has not been audited as per regulations, the lessee shall make a temporary payment based on the final revenue of the lessee; within 30 days from the date the financial statement is audited according to regulations, the lessee is obliged to pay an additional amount (in case the temporary payment is less than the amount payable), or is entitled to deduct any excess payment (in case the temporary payment exceeds the amount payable) from the rent payable for the following year. In the case where the first year and the last year are shorter than 12 months, the rents for the right to operate the assets for the first year and the last year shall be calculated based on the number of months for which the assets are leased under the contract for that year; if the lease term expires and the financial statement for the last year has not been audited as per regulations, the payment amount for the last year shall be determined based on the actual revenue calculated by the lessee and the lessor, but it shall not be less than the corresponding rent of the year preceding the last year.

In the case where the right to operate assets is leased out under one-off arrangement, the rent shall be paid a maximum of 2 times within 90 days from the date of signing the contract, with the first payment being at least 50% of the rent within 30 days from the contract conclusion date; if the rent exceeds 1.000 billion VND, it may be paid a maximum of 03 times within 12 months from the contract conclusion date, with the first payment being at least 40% of the rent within 60 days from the contract conclusion date, and the second payment being at least 30% of the rent within 120 days from the contract conclusion date.

h) The escrow deposit for the signed contract performance guarantee (in addition to the rent value as stipulated in the contract): The escrow deposit equal to 5% of the total rent value of the entire lease term based on the hammer price shall be made into an escrow account at a credit institution by the transferee of right to operate assets. The deadline for making the escrow deposit into the escrow account is 15 days from the contract conclusion date. The escrow period corresponds to the term of lease of the right to operate assets.

In the event that at the time of termination of a contract for lease of the right to operate assets, the lessee has not fulfilled their obligations to pay the rent for the right to operate assets, make payment for the breach of contract concerning the return of the assets to the lessor), the escrow deposit shall be used to offset the obligations that the lessee must fulfill for the aforementioned incomplete obligations, and any remaining amount (if any) shall be handled in accordance with civil laws.

i) Responsibilities and technical requirements for the maintenance of works of road infrastructure assets and other necessary contents related to the maintenance work.

k) The term for the lessor to transfer the right to operate assets to the lessee; the term for the lessee to return the right to operate assets to the lessor.

l) Address situations where the actual operation revenue significantly deviates from the reconciled revenue in cases where the right to operate assets is leased out under one-off arrangement:

Annually, if the actual revenue from the acquisition of the right to operate assets by lease (as per the audited financial statements in accordance with regulations) exceeds the reconciled revenue by 125% or more, the lessee must pay an additional amount of 50% of the increased revenue beyond 125% into the escrow account as stipulated in Clause 2, Article 18 of this Decree; wherein, the reconciled revenue is defined as the revenue generated from the operation of assets for the corresponding year of the lease term stated in the starting price plan for auction.

The lessor and the lessee shall, based on their audited financial statements, determine the additional amount (if any) that the lessee must pay into the escrow account. Subsequently, the lessor shall provide a written notification to the agency or person having authority to approve the scheme for the lease of the right to operate assets, the holder of the escrow account as per the provisions of point a, clause 2, Article 18 of this Decree, and the lessee for monitoring, collecting and managing the amount. The deadline for determining, notifying, and depositing amounts of money into the escrow account is 30 days from the date of receiving the notification from the lessor and no later than October 31 of the following year adjacent to the year in which additional revenue is generated so that the additional payment must be made; for the final year, payments must be made into the escrow account prior to the termination of the contract.

m) Conditions for contract termination.

n) Rights and obligations of the parties.

o) Handling of breaches of contracts and contract disputes in accordance with civil laws and related laws.

p) Handling of cases where, during the term of lease of the right to operate assets under contracts, there arise upgrades, renovations, or expansions of the assets according to projects funded by state capital approved by competent authorities or persons.

Contracts for lease of rights to operate assets that have been signed and Appendices of the signed contracts (if any) shall be sent to the escrow account holders specified in point a of clause 2, Article 18 of this Decree for monitoring and managing the proceeds from the operation of the assets.

10. Rights of the lessee:

a) Organize the operation of assets in accordance with the laws and the signed contracts.

b) Decide the methods and measures for asset operation, ensuring the compliance with road traffic laws and the signed contracts.

c) Be protected in terms of legitimate rights and interests; have the right to lodge complaints and file lawsuits in accordance with the law if their rights and interests are infringed.

d) Collect road user charges and charges for other services related to road infrastructure assets in accordance with the laws and the signed contracts.

dd) Be permitted to renovate, upgrade, and supplement functions of the leased assets using funds from the lessee, in order to serve management and operation purposes, provided that it is approved by the competent agencies or persons stipulated in Clause 5 of this Article. Upon the termination of the contract, the lessee must return the property in its original state, including any improvements, upgrades, or additional functionalities (if applicable) to the lessor, and shall not be eligible for reimbursement.

e) Other rights as stipulated by law and contractual agreements.

11. Obligations of the lessee:

a) Protect the assets acquired through the lease of the right to operate assets (including land affixed to constructions and construction items); ensure that these assets are not encroached upon or used improperly, and prevent other violations in accordance with the law.

In the event of an incident occurring at the construction site, the lessee is responsible for promptly notifying the lessor to implement measures in accordance with the road traffic laws and relevant laws.

b) Use and operate assets for the intended purpose and mission of the constructions; the conversion of their functionality, transfer, sale, donation, contribution of capital, mortgaging, or other measures to ensure the fulfilment of civil obligations is not permitted.

c) Perform the obligations specified in points c, d, dd, e, g, h and i clause 11 Article 14 of this Decree.

12. The road infrastructure authority and its superior regulatory authorities (if any) are responsible for regularly inspecting and monitoring the implementation of the Scheme for lease of the right to operate assets; exercising rights and obligations according to the signed contract and the law; and timely addressing violations and arising difficulties within their jurisdiction or reporting to the competent agency or person for resolution as prescribed by law.

13. The proceeds obtained from the lease of the right to operate assets shall be managed and utilized in accordance with the provisions of Article 18 of this Decree.

14. Upon the expiration of the term of lease of the right to operate assets under a contract:

a) The lessee shall comply with the provisions of clause 14 Article 14 of this Decree.

b) The lessor (road infrastructure authority) shall comply with the provisions of clause 15 Article 14 of this Decree.

15. In cases of force majeure or when the State repossesses land affixed to road infrastructure assets for the purposes of national defense, security, and socio-economic development in the interest of the nation and the public, as stipulated by land law, and where the term for lease of the right to operate assets under the contract has not yet expired, the parties shall terminate the contract prematurely. The lessee shall be reimbursed for the corresponding value of the rent for the right to operate assets that has been paid for the remaining duration (if any) of the contract, and the escrow deposit stipulated in point h, clause 9 of this Article. The determination of the corresponding value to be reimbursed to the lessee (if any) shall be primarily led by the lessor, in cooperation with the lessee, and the reimbursement shall be proposed to the competent agency or person specified in clause 5 of this Article for decision. The reimbursed amount shall be allocated to the estimated recurrent expenditure budget of the lessor for the purpose of reimbursement, and the order and procedures for reimbursement shall comply with state budget laws. The provisions of clause 14 of this Article shall apply for other contents.

16. The breach of contracts and contract disputes shall be handled according to the contract, civil laws and related laws. In the event of early termination of a contract due to the breach of the contract or a contract dispute, the procedures for handling upon the termination of the contract shall comply with the provisions laid out in Clause 14 of this Article.

17. During the term of lease of the right to operate assets under a contract, there arise upgrades, renovations, or expansions of the assets according to a project funded by state capital approved by a competent agency or person, the road infrastructure authority shall comply with state budget laws, public investment laws, road traffic laws and related laws. The lessee shall be reimbursed for the corresponding value of the rent for the right to operate assets as per the contract (or shall be not required to pay the annual rent for the right to operate assets), due to the absence of revenue during the upgrade, renovation, or expansion of the assets in accordance with the project, or the extension of the contract duration corresponding to the time required for the transfer of the assets to the road infrastructure authority for carrying out the upgrade, renovation, or expansion of the assets; the determination of the corresponding reimbursable value or the extension of the contract duration shall be established by the lessor; the rebursement shall be proposed to the agency or person having authority to approve the Scheme for lease of the right to operate assets stipulated in Clause 5 of this Article for decision; the reimbursed amount shall be allocated in the estimated recurrent expenditure budget of the lessor for the purpose of reimbursement; and the procedures for reimbursement shall comply with state budget laws. The provisions of clause 14 of this Article shall apply for other contents.

Article 16. Fixed-term transfer of rights to operate road infrastructure assets

1. Fixed-term transfer of rights to operate assets refers to the State transfer of rights to operate assets to enterprises engaged in the business of road infrastructure for a specified period, associated with investments aimed at upgrading and expanding the existing road infrastructure assets in accordance with projects approved by competent agencies or persons in order to receive a corresponding amount of money as stipulated in the contract.

2. Road infrastructure assets that are transferred for operation for a fixed term include the road infrastructure assets or a portion of the existing road infrastructure assets, projects to invest in upgrading and expanding of which have been approved by competent agencies or persons.

3. The fixed-term transfer of rights to operate road infrastructure assets does not apply to road infrastructure assets related to national defense and security.

4. The term of fixed-term transfer of rights to operate road infrastructure assets shall be specified in each contract of transfer and shall not exceed 50 years. The specific transfer term applicable to each road infrastructure asset (a portion of the asset) shall be approved by the competent agency or person specified in Clause 5 of this Article in the Decision to approve the scheme for fixed-term transfer of rights to operate assets.

5. The authority to approve Schemes for fixed-term transfer of rights to operate road infrastructure assets:

a) The Minister of Transport has authority to approve schemes for fixed-term transfer of rights to operate road infrastructure assets managed by the central road infrastructure authorities.

b) The Provincial People's Committees have authority to approve schemes for fixed-term transfer of rights to operate road infrastructure assets managed by the local road infrastructure authorities.

6. Schemes for fixed-term transfer of rights to operate road infrastructure assets, which fall under the approval authority of the Minister of Transport and the provincial People's Committees stipulated in Clause 5 of this Article, shall be prepared and approved following the same procedures as those specified in Clauses 3 and 4 of Article 13 of this Decree. Schemes for fixed-term transfer of rights to operate assets shall be prepared using Form No. 02D in the Appendix enclosed herewith.

7. The main content of a Decision to approve a Scheme for fixed-term transfer of right to operate assets includes:

a) Name of the road infrastructure authority.

b) List of assets subject to fixed-term transfer of rights to operate assets (asset name; address; type/class/category; year of commissioning; basic specifications (quantity/length/area, etc.); original cost, remaining value (if any); condition of asset usage).

c) The basic content of the investment project for upgrading and expanding assets approved by the competent agency or person.

d) Term of fixed-term transfer of rights to operate assets.

dd) Method of fixed-term transfer of rights to operate assets: Auctions.

e) Conditions for enterprises engaged in the business of road infrastructure to participate in auction for the acquisition of rights to operate assets by fixed-term transfer.

g) Method and term of payment for the fixed-term transfer of rights to operate assets.

h) Management and use of the proceeds obtained from the fixed-term transfer of rights to operate assets.

i) Rights and responsibilities of the roads and traffic authority.

k) Rights and responsibilities of the road infrastructure authority.

l) Responsibilities for implementation.

8. On the basis of the Decision to approve the scheme for fixed-term transfer of the right to operate road infrastructure assets of a competent authority or person:

a) The road infrastructure authority shall determine the starting price for auction for the fixed-term transfer of the right to operate assets according to the provisions of Article 17 hereof.

b) The road infrastructure authority shall organize the auction for the fixed-term transfer of the right to operate assets in accordance with the law on asset auctions; supervise the entire process of conducting the auction and the other rights and obligations of the asset owner as prescribed by the Law on Asset Auctions.

c) In addition to the conditions as prescribed by property auction laws, an enterprise engaged in the business of road infrastructure participating in auction for the acquisition of rights to operate assets by fixed-term transfer must meet the following conditions:

Have been given decisions for the establishment/business registration in accordance with laws;

Possess the experience in managing and operating similar road infrastructure works for at least 02 years as of the time of submitting the auction applications;

Have financial capability which is demonstrated through the revenue and pre-tax profit indicators for at least two consecutive years, as reflected in the financial statements of the organization, which have been audited in accordance with regulations. The road infrastructure authority shall clearly define the revenue and pre-tax profit indicators to be included in the scheme for fixed-term transfer of the right to operate assets submitted to the competent authority or person for approval.

The minimum equity ratio of the enterprise is 15% of the total investment for the project to upgrade and expand the road infrastructure assets, which have been approved by the competent authority or person.

9. Signing contracts for fixed-term transfer of the right to operate road infrastructure assets and Appendices to the contracts (if applicable). A contract for fixed-term transfer of the right to operate road infrastructure assets includes:

a) Information of the transferor (road infrastructure authority).

b) Information of the transferee (successful bidder).

c) List of assets subject to fixed-term transfer of rights to operate assets (asset name; address; type/class/category; year of commissioning; basic specifications (quantity/length/area, etc.); original cost, remaining value (if any); condition of asset usage).

d) Time limit for transfer of rights to operate assets.

dd) The revenue generated from the asset operation each year during the transfer period stated in the plan for starting price for auction (hereinafter referred to as “revenue in the starting price plan”).

e) The contract value (according to the hammer price).

g) Term of payment for the fixed-term transfer of rights to operate assets:

The transfer value is to be paid a maximum of two times within 90 days from the date of signing the contract, with the first payment being at least 50% of the transfer value within 30 days from the date of signing. In the case where the transfer value exceeds 1.000 billion VND, payment can be made a maximum of three times within 12 months from the date of signing the contract, with the first payment being at least 40% of the transfer value within 60 days from the date of signing, and the second payment being at least 30% of the transfer value within 120 days from the date of signing.

h) The deposit for the signed contract performance guarantee (in addition to the transfer value as stipulated in the contract): The escrow deposit equal to 5% of the total transfer value of the entire transfer period based on the hammer price shall be made into an escrow account at a credit institution by the transferee. The deadline for making the escrow deposit into the escrow account is 15 days from the contract conclusion date. The escrow period corresponds to the term of fixed-term transfer of the right to operate assets.

In the event that at the time of termination of a contract for fixed-term transfer of the right to operate assets, the transferee has not fulfilled their obligations to pay for the acquisition of rights to operate assets by fixed-term transfer, make payment for the breach of the contract concerning the return of the right to operate assets to the transferor), the escrow deposit shall be used to offset the obligations that the transferee must fulfill for the aforementioned incomplete obligations, and any remaining amount (if any) shall be handled in accordance with civil laws.

i) The responsibility for investment in upgrading and expanding assets according to the project approved by the competent agency or person; the responsibilities and technical requirements for the maintenance of the works related to the assets and other necessary content concerning maintenance.

k) The term for the transferor to transfer the right to operate assets to the transferee; the term for the transferee to return the right to operate assets to the transferor.

l) Address situations where the actual operation revenue significantly deviates from the reconciled revenue:

Annually, if the actual revenue from the operation of the transferred assets (as per the audited financial statements in accordance with regulations) exceeds the reconciled revenue by 125% or more, the transferee must pay an additional amount of 50% of the increased revenue beyond 125% into the escrow account as stipulated in Clause 2, Article 18 of this Decree; wherein, the reconciled revenue is defined as the revenue generated from the operation of assets for the corresponding year of the term of fixed-term transfer of the right to operate assets stated in the starting price plan for auction.

The Transferor and the Transferee shall, based on their audited financial statements, determine the additional amount that the Transferee must pay into the escrow account (if any). Subsequently, the Transferor shall provide a written notification to the agency or person having authority to approve the scheme for the fixed-term transfer of the right to operate assets, the holder of the escrow account as per the provisions of point a, clause 2, Article 18 of this Decree, and the Transferee for monitoring, collecting and managing the amount. The deadline for determining, notifying, and depositing amounts of money into the escrow account is 30 days from the date of receiving the notification from the transferor and no later than October 31 of the following year adjacent to the year in which additional revenue is generated so that the additional payment must be made; for the final year, payments must be made into the escrow account prior to the termination of the contract.

m) Conditions for contract termination.

n) Rights and obligations of the parties.

o) Handling of breaches of contracts and contract disputes in accordance with civil laws and other related laws.

Contracts for fixed-term transfer of rights to operate assets that have been signed and Appendices of the signed contracts (if any) shall be sent to the escrow account holders specified in point a of clause 2, Article 18 of this Decree for monitoring and managing the proceeds from the operation of the assets.

10. Rights of the transferee:

a) Organize the operation of assets in accordance with the laws and the signed contracts.

b) Decide the methods and measures for asset operation, ensuring the compliance with road traffic laws and the signed contracts.

c) Be protected in terms of legitimate rights and interests; have the right to lodge complaints and file lawsuits in accordance with the law if their rights and interests are infringed.

d) Be entitled to enjoy investment incentives and preferential policies as stipulated by investment laws and relevant laws.

d) Be allowed to mortgage assets invested by the transferee and the right to operate assets for the remaining period to the lender in accordance with civil laws and related laws.

e) Collect road tolls and charges for other services related to road infrastructure assets in accordance with the laws and the signed contracts.

g) Other rights of the transferee as provided by law.

11. Obligations of the transferee:

a) Protect the assets acquired through the fixed-term transfer of the right to operate assets (including land affixed to constructions and construction items); ensure that these assets are not encroached upon or used improperly, and prevent other violations in accordance with the law.

In the event of an incident occurring at the construction site, the transferee is responsible for promptly notifying the transferor to implement measures in accordance with the road traffic laws and relevant laws.

b) Use and operate assets for the intended purpose and mission of the constructions; do not convert the intended use, transfer, sell, donate, or contribute capital using assets acquired by fixed-term transfer of the right to operate assets.

c) Make investment in upgrading and expanding assets according to the project approved by the competent agency or person.

d) Perform the obligations specified in points c, d, dd, e, g, h and i clause 11 Article 14 of this Decree.

12. The road infrastructure authority and its superior regulatory authority (if any) are responsible for regularly inspecting and monitoring the implementation of the Scheme for fixed-term transfer of the right to operate road infrastructure assets approved by the competent agency or person; exercising rights and obligations according to the signed contract and the provisions of law; and timely addressing violations and arising difficulties within their jurisdiction or reporting to the competent agency or person for resolution as prescribed by law.

13. The proceeds obtained from the fixed-term transfer of the right to operate road infrastructure assets shall be managed and utilized in accordance with the provisions of Article 18 of this Decree.

14. Upon the expiration of the term of fixed-term transfer of the right to operate road infrastructure assets under a contract:

a) The transferee shall comply with the provisions of clause 14 Article 14 of this Decree.

b) The transferor (road infrastructure authority) shall comply with the provisions of clause 15 Article 14 of this Decree.

15. In cases of force majeure or when the State repossesses land affixed to road infrastructure assets for the purposes of national defense, security, and socio-economic development in the interest of the nation and the public, as stipulated by land law, and where the term for fixed-term transfer of the right to operate assets under the contract has not yet expired, the parties shall terminate the contract prematurely.

Based on the investment progress of the project approved by the competent agency or person, the actual completion of the construction, the transfer value of the right to operate assets that has been transferred for the remaining duration of the contract, the transferee shall be reimbursed for the corresponding value of the payment for the transfer of rights to operate assets that has been made for the remaining duration (if any) of the contract, and the escrow deposit stipulated in point h, clause 9 of this Article. The determination of the corresponding value to be reimbursed to the transferee (if any) shall be primarily led by the transferor, in cooperation with the transferee, and the reimbursement shall be proposed to the agency or person having authority to approve the Scheme for fixed-term transfer of the right to operate assets specified in clause 5 of this Article for decision. The reimbursed amount shall be allocated to the estimated recurrent expenditure budget of the transferor for the purpose of reimbursement, and the order and procedures for reimbursement shall comply with state budget laws. The provisions of clause 14 of this Article shall apply for other contents.

16. The breach of contracts and contract disputes shall be handled according to the contract, civil laws and related laws. In the event of early termination of a contract due to the breach of the contract or a contract dispute, the procedures for handling upon the termination of the contract shall comply with the provisions laid out in Clause 14 of this Article.

Article 17. Payments for the transfer of rights to collect tolls, lease of rights to operate road infrastructure assets or fixed-term transfer of rights to operate road infrastructure assets

1. A payment for the transfer of the right to collect tolls, lease of the right to operate road infrastructure assets or fixed-term transfer of the right to operate road infrastructure assets shall be the amount of money that a transferee (receiving organization) of the right to collect charges, or the right to operate assets, transferee (receiving enterprise) of the right to operate assets for a fixed term must pay to the State according to the hammer price in order to obtain the right to operate the assets as per the signed contract. In this regard, in the case where the right to operate assets is leased out with annual rent payments, the rent for one year shall be determined as follows:

Rent for the right to operate assets in year n

=

The percentage (%) of the rent

x

Actual revenue for the year n

Where:

The percentage (%) of the rent	=	The total hammer price	x	100%
		The total estimated revenue for the entire lease term

The actual revenue for the year n is determined based on the audited financial statements as per regulations.

2. The starting price for auction for transfer of the right to collect tolls, lease of the right to operate assets, or fixed-term transfer of the right to operate road infrastructure assets shall be the lowest initial price when auctioning the transfer of the right to collect tolls, lease of the right to operate assets, or fixed-term transfer of the right to operate road infrastructure assets. The agency or person having authority to approve the scheme for transfer of the right to collect tolls, lease of the right to operate assets, or fixed-term transfer of the right to operate road infrastructure assets as stipulated in Clause 5 of Article 14, Clause 5 of Article 15, and Clause 5 of Article 16 of this Decree shall be the agency or person having authority to approve the starting price for auction.

3. The basis for determining the starting price for auction for the transfer of the right to collect tolls or the lease of the right to operate road infrastructure assets includes:

a) The payment for the transfer of the right to collect tolls, or the lease of the right to operate assets in the market for similar assets or those having the same technical standards, quality, and functionality at the time of determination (if any).

b) Estimated revenue and estimated expenses from the operation of assets during the period of transfer of the right to collect tolls or lease of the right to operate assets.

c) Valuation certificate and Valuation report of the valuation enterprise in accordance with price laws, or the valuation results of the Valuation Council as specified in point a of clause 5 of this Article. The use of the Valuation Certificate and Valuation Report by the valuation enterprise shall comply with price laws.

4. The basis for determining the starting price for auction for the fixed-term transfer of the right to operate road infrastructure assets includes:

a) Additional investment value in accordance with the project for upgrading and expanding assets approved by the competent agency or person.

The additional investment value refers to the value that the transferee of the right to operate assets for a fixed term is obliged to implement the project approved by the competent agency or person.

b) Estimated revenue and estimated expenses from the operation of assets during the period of fixed-term transfer of the right to operate assets.

c) Valuation certificate and Valuation report of the valuation enterprise in accordance with price laws, or the valuation results of the Valuation Council as specified in clause 5 of this Article. The use of the Valuation Certificate and Valuation Report by the valuation enterprise shall comply with price laws.

5. Determination of the starting price for auction for the transfer of the right to collect tolls, the lease of the right to operate assets or fixed-term transfer of the right to operate road infrastructure assets.

a) The road infrastructure authority shall hire a valuation enterprise to determine the payment for the transfer of the right to collect tolls, the lease of the right to operate assets or fixed-term transfer of the right to operate assets according to the Vietnamese Valuation Standards, or establish a Council to determine the payment for the transfer of the transfer of the right to collect tolls, the lease of the right to operate assets or fixed-term transfer of the right to operate assets. The Valuation Council consists of the head of the road infrastructure authority or the person authorized to act as the Chairperson; and other members including: representatives from relevant specialized departments of the road infrastructure authority; a representative from the specialized agency under the Ministry of Transport appointed by the Ministry of Transport (for assets under management of a central authority); a representative from the Department of Finance (for assets under management of a local authority); representatives from other agencies (if any).

b) The road infrastructure authority shall determine the starting price for the transfer of the right to collect tolls, lease of the right to operate assets, or fixed-term transfer of the right to operate road infrastructure assets as stipulated in Clause 3 and clause 4 of this Article and propose it to the competent agency or person specified in clause 2 of this Article for the auction. The proposal includes:

The written request for approving the starting price for auction made by the road infrastructure authority;

The documents related to the basis for determining the starting price specified in Clauses 3 and 4 of this Article.

c) In the decision to approve the starting price for auction for the transfer of the right to collect tolls, lease of the right to operate assets, or fixed-term transfer of the right to operate assets, the estimated annual revenue and the average revenue of one year in the starting price plan must be determined as a basis for determining the annual payments (in cases where the right to operate assets is leased out with annual rent payment), and reconciled revenue in the cases specified at Point l, Clause 9, Articles 14, 15 and 16 of this Decree.

6. After two unsuccessful attempts to conduct auctions for the transfer of the right to collect tolls, lease of the right to operate assets, or fixed-term transfer of the right to operate assets, the road infrastructure authority shall review the reasons and propose solutions, propose to the agency or person having the authority to approve the scheme for transfer of the right to collect tolls, lease of the right to operate assets, or fixed-term transfer of the right to operate assets to consider deciding whether to continue conducting auctions or to change the method of operation to one where the road infrastructure authority directly operate the road infrastructure assets.

In the case of continuing the conduct of auctions, if the auction is unsuccessful due to the starting price for transfer of the right to collect tolls, lease of the right to operate assets, or fixed-term transfer of the right to operate assets being excessively high and no longer in compliance with the regulations on determining the starting price as stipulated in this Article, the starting price shall be redetermined; the redetermination of the starting price shall comply with the provisions of clauses 2, 3, 4, and 5 of this Article. In the case of changing the method of operation to one where the road infrastructure authority directly operate the road infrastructure assets, the preparation, approval of the scheme, and organization of the asset operation shall comply with the provisions of Article 13 of this Decree.

7. For any difficulties or obstacles arise during implementation that require specific guidance, the Ministry of Transport shall provide instructions for organizing the determination of the starting price for auction for the transfer of the right to collect tolls, lease of the right to operate assets, or fixed-term transfer of the right to operate assets.

Article 18. Management and use of the revenues from the operation of road infrastructure assets

1. In cases where the road infrastructure authority directly organize the operation of road infrastructure assets as prescribed in Article 13 of this Decree:

a) If the revenue generated from the operation of road infrastructure assets includes road tolls and other charges, as well as other revenues as prescribed by law stated in points a and d, clause 3, Article 12 of this Decree, it shall be managed and used in accordance with fee laws, state budget laws, and related laws.

b) If the revenue obtained from the operation of road traffic infrastructure assets is the revenue generated from other services related to road traffic infrastructure assets stipulated in point b, clause 3, Article 12 of this Decree (including the revenue generated from the installation of telecommunication facilities on road infrastructure assets), it shall be managed and used according to the financial mechanism applicable to the road infrastructure authority as prescribed in clause 2, Article 85 of the Law on Management and Use of Public Property.

2. In cases where road infrastructure assets are operated in accordance with the provisions of Articles 14, 15 and 16 hereof:

a) The revenue obtained from the transfer of the right to collect tolls, lease of the right to operate road infrastructure assets or fixed-term transfer of the right to operate road infrastructure assets (including the late payment interest, if any) shall be transferred to the escrow account at the State Treasury held by the following agency:

The agency designated by the Ministry of Transport to be the account holder, for assets managed by a central road infrastructure authority.

The Department of Finance, for assets managed by a province-level road infrastructure authority.

The Finance and Planning Department, for assets managed by a district-level/commune-level road infrastructure authority.

b) The escrow account of each agency holding the assets to be operated shall be carefully monitored.

c) Expenditure items:

The costs associated with the preparation, proposal, and approval of the scheme for transfer of the right to collect tolls, lease of the right to operate road infrastructure assets or fixed-term transfer of the right to operate road infrastructure assets; the costs for producing inventories, determining the starting price, and conducting auctions for the transfer of the right to collect tolls, lease of the right to operate road infrastructure assets or fixed-term transfer of the right to operate road infrastructure assets; the costs for the preservation and protection of assets during the process of selection of the asset operator; the costs for management operations by the transferor of the right to collect charges, the lessor of the right to operate assets, and transferor of the right to operate assets for a fixed term during the contract execution period; and other related costs.

d) The cost estimate related to the operation of road infrastructure assets shall be made by the road infrastructure authority and submitted for approval by the head of the road infrastructure authority, after obtaining the appraisal comments from the escrow account holder as stipulated in point a of this clause.

d) The expenditure level shall form the basis for the making of the cost estimate; the order and procedures for the payment of costs related to the operation of road infrastructure assets shall comply with the provisions in clauses 4, 5, 6, and 7 of Article 27 of this Decree.

e) Every six months (no later than May 30 and October 31), the escrow account holder shall deposit the remaining amount from revenues generated from the operation of road infrastructure assets (after settling the costs specified in points c and d of this clause, which are deducted from the escrow account) into the state budget (central budget for revenues from the operation of assets under management of the central authority, local budget for revenues from the operation of assets under management of the local authority) in accordance with state budget laws.

g) The funds already transferred to the state budget shall be given priority over the allocation in the public investment plan, budget expenditure estimate for new construction, upgrading, renovation, expansion, and development of road infrastructure assets in accordance with state budget laws, public investment laws, and related laws.

Article 19. Use of land affixed to road infrastructure assets

1. Before the competent agency decides to repossess land affixed to road infrastructure assets according to land laws, the land-repossession authority in accordance with land laws shall assign a local natural resources and environment authority to send a consultation document to the Ministry of Transport (for road infrastructure assets managed by central road infrastructure authority) and the local road authority (for road infrastructure assets managed by local road infrastructure authority); in cases where the assets are related to national defense and security, the agency having authority to decide whether to repossess land according to land laws must also send a consultation document to the Ministry of National Defense and the Ministry of Public Security.

The consultation document must clearly state the reasons for land repossession; the area of land to be repossessed; the alignment of the land repossession with the land use planning and plans approved by the competent agency or person; the suitability of the new location designated for the investment in the replacement assets (if any); and any other necessary content.

2. Within 30 days from the date of receiving the consultation document from the agency having authority to decide whether to repossess land in accordance with land laws:

a) For the road infrastructure assets managed by the central road infrastructure authority, the Ministry of Transport shall take charge and cooperate with the Ministry of Finance and relevant agencies in providing opinions on land repossession affixed to road infrastructure assets.

b) For the road infrastructure assets managed by the local road infrastructure authority, the provincial-level road authority shall take charge and cooperate with the Department of Finance and relevant agencies in providing opinions on land repossession affixed to road infrastructure assets.

3. The land repossession, compensation, site clearance, and disposition of assets after the authority or person having authority to decide whether to repossess land affixed to road infrastructure assets shall comply with land laws and other relevant laws.

Section 4. DISPOSITION OF ROAD INFRASTRUCTURE ASSETS

Article 20. Forms of disposition of road infrastructure assets

1. Repossession of assets.

2. Transfer of assets.

3. Return of assets to local authorities for management and disposition.

4. Liquidation of assets.

5. Disposition of lost or damaged assets.

6. Disposition of assets in cases where agencies or person having authority to decide whether to allocate assets to enterprises for management under the form of state capital investment in the enterprises.

7. Other forms of disposition as prescribed by law.

Article 21. Repossession of road infrastructure assets

1. Road infrastructure assets shall be repossessed in the following cases:

a) When there is a change in the planning and management delegation.

b) The assets have been allocated but are no longer needed for use as road infrastructure assets.

c) The assets are allocated to incorrect entities, used for improper purposes, or loaned out inappropriately.

d) When there is an investment plan to supplement the charter capital at a wholly state-owned enterprise equal to the value of the road infrastructure assets approved by the representative agency of the owner according to regulations.

dd) Other cases in accordance with law.

2. Authority to decide whether to repossess road infrastructure assets:

a) The Prime Minister has authority to decide whether to repossess road infrastructure assets related to national defense and security.

b) The Minister of Transport has authority to decide whether to repossess road infrastructure assets managed by central road infrastructure authorities, except for the assets specified in Point a of this Clause.

c) The Province-level People’s Committees have authority to decide or promulgate regulations on the authority to decide whether to repossess road infrastructure assets managed by local road infrastructure authorities, except for the assets specified in Point a of this Clause.

d) The authority to decide whether to repossess road infrastructure assets in the cases specified in point d clause 1 of this Article shall comply with the provisions of clause 2 Article 26 of this Decree.

3. The road infrastructure assets after being repossessed shall be disposed in the following forms:

a) Transfer as prescribed in Article 22 of this Decree.

b) Return to local authority for management and disposition as prescribed in Article 23 hereof.

c) Allocation of assets to enterprises for management in the form of state capital investment in the enterprises as prescribed in Article 26 hereof.

4. Procedures for repossession of road infrastructure assets (except for the cases specified in clause 5 of this Article):

a) The road infrastructure authority shall prepare an application for the asset repossession and submit it to the superior regulatory authority (if any) for submission to the competent agency or person specified in points b and c of Clause 2 of this Article. The application includes:

The written request for asset repossession made by the road infrastructure authority: 01 original;

The written request for asset repossession made by the superior regulatory authority (if any): 01 original;

The written request for asset repossession made by the provincial road authority (in case the assets are managed by a district-level/commune-level road infrastructure authority): 01 original;

The investment plan to supplement the charter capital at a wholly state-owned enterprise equal to the value of the road infrastructure assets approved by the representative agency of the owner according to regulations (in cases of repossession in accordance with the provisions of point d clause 1 of this Article).

The list of assets to be repossessed made using Form No. 01C in the Appendix enclosed with this Decree: 01 original;

Other relevant documents (if any): 01 copy each.

b) Within 30 days from the date of receipt of the sufficient application specified in point a of this clause, the competent authority or person specified in point b or point c clause 2 of this Article shall consider deciding whether to repossess assets within their jurisdiction, or prepare written response in case the request for asset repossession is not appropriate.

In case the asset repossession is under the authority to decide of the Prime Minister, the Ministry of Transport (for assets under management of central authorities) or the Province-level People's Committee (for assets under management of local authorities) shall submit an application for asset repossession to the Prime Minister for consideration and decision, or prepare a written directive in case the request for asset repossession is not appropriate. The application includes:

The written request for asset repossession made by the Ministry of Transport and the provincial People's Committee: 01 original.

The list of proposed assets made using Form No. 01C in the Appendix enclosed herewith by the Ministry of Transport or the provincial People's Committee: 01 original.

Written comments from relevant agencies: 01 copy each.

The application specified in point a of this clause: 01 copy.

c) The main contents of the decision to repossess road infrastructure assets include: the name of the agency holding the assets to be repossessed; the name of the agency assigned to implement the repossession decision; the list of repossessed assets (name of assets; address; type/class/category; year of commissioning; basic parameters (quantity/length/area, etc.); original cost, residual value (if any); the condition of asset usage); the reason for repossession; the responsibility for organization of implementation.

d) Based on the decision to repossess assets of the competent agency or person, the agency entrusted with the organization of the execution of the decision to repossess assets shall prepare a plan for disposition of the repossessed assets in accordance with the provisions of Clause 3 of this Article and submit it to the agency or person having authority to approve. On that basis, the asset disposition shall comply with the plan approved by the competent agency or person in accordance with the provisions of Articles 22 and 23 of this Decree. In cases where assets are repossessed to be allocated to an enterprise for management in the form of state capital investment in the enterprise as specified in point d of clause 1 of this Article, following the issuance of an asset repossession decision by the competent agency or person, the process shall be conducted in accordance with the provisions of clause 2 of Article 26 of this Decree.

Pending the repossession of assets, the agency holding the repossessed assets is responsible for the preservation and protection of the assets in accordance with regulations.

dd) The road infrastructure authority shall record the assets as a decrease in assets in accordance with accounting laws; declare asset changes as stipulated in this Decree.

5. The procedures for repossession of road infrastructure assets at the request of an inspection, auditing, or administrative penalty authority, or other state management agencies:

a) Based on the request from the inspection, auditing, or administrative penalty authority, or other state management agencies, the competent agency or person specified in points b and c, clause 2 of this Article shall consider deciding whether to repossess assets within their jurisdiction. In case the asset repossession is under the authority to decide of the Prime Minister, the Ministry of Transport (for assets under management of central authorities) or the Province-level People's Committee (for assets under management of local authorities) shall submit an application for asset repossession to the Prime Minister for consideration and decision. The application includes:

The written request for asset repossession made by the Ministry of Transport and the provincial People's Committee: 01 original.

The written request made by the inspection, auditing, or administrative penalty authority or other state management agencies: 01 copy;

The list of proposed assets made using Form No. 01C in the Appendix enclosed herewith by the Ministry of Transport or the provincial People's Committee: 01 original.

Written comments from relevant agencies: 01 copy each.

Other relevant documents (if any): 01 copy each.

b) The main content of the Decision on the repossession and disposition of assets after repossession, as well as the responsibilities of the relevant agencies, shall comply with the provisions laid out in points c, d, and e of Clause 4 of this Article.

Article 22. Transfer of road infrastructure assets

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

a) When there is a change in the managing authority, delegation of management, or classification of roads according to the adjusting decision of the competent agency or person.

b) Assets that have been allocated but are no longer needed or are being operated inefficiently.

c) When there is an investment plan to supplement the charter capital at a wholly state-owned enterprise equal to the value of the road infrastructure assets approved by the representative agency of the owner according to regulations.

d) Other cases in accordance with law.

2. Authority to decide whether to transfer road infrastructure assets:

a) The Prime Minister has authority to decide whether to transfer road infrastructure assets related to national defense and security.

b) The Minister of Finance has authority to decide whether to transfer road infrastructure assets among ministries, central authorities, between central authorities and local authorities, and among provinces and central-affiliated cities, except in cases specified in point a of this clause.

c) The Minister of Transport has authority to decide whether to transfer road infrastructure assets between agencies, organizations, and units under his/her management, except in cases specified in point a of this clause.

d) The Province-level People’s Committees have authority to decide or promulgate regulations on the authority to decide whether to transfer road infrastructure assets between agencies, organizations, and units under management of local authorities, except in cases specified in Point a of this Clause.

dd) The authority to decide whether to transfer road infrastructure assets in the cases specified in point c clause 1 of this Article shall comply with the provisions of clause 3 Article 26 of this Decree.

3. Procedures for transfer of road infrastructure asset management

a) When there are assets to be transferred, the road infrastructure authority shall prepare an application for the asset transfer and submit it to the superior regulatory authority (if any) for submission to the competent agency or person specified in points c and d of Clause 2 of this Article. The application includes:

The written request for asset transfer made by the road infrastructure authority: 1 original;

The written request for asset transfer made by the superior regulatory authority (if any): 01 original;

The written request for asset transfer made by the provincial road authority (in case the assets are managed by a district-level/commune-level road infrastructure authority): 01 original;

The written request for asset transfer made by the agency, organize or unit and its superior regulatory authority (if any): 01 original. In cases where the assets are transferred due to changes in the managing agency, delegation of management, or classification of roads, it is not mandatory to have a written request for the receipt of assets made by the receiving agency.

The investment plan to supplement the charter capital at a wholly state-owned enterprise equal to the value of the road infrastructure assets approved by the representative agency of the owner according to regulations (in cases of transfer in accordance with the provisions of point c clause 1 of this Article): 01 copy;

The list of proposed assets made using Form No. 01C in the Appendix enclosed herewith by the road infrastructure authority: 01 original;

Other relevant documents (if any): 01 copy each.

b) Within 30 days from the date of receipt of the sufficient application specified in point a of this clause, the competent agency or person specified in point c or point d clause 2 of this Article shall consider deciding whether to transfer assets within their jurisdiction, or prepare written response in case the request for asset transfer is not appropriate..

In case the asset transfer is under the authority to decide of the Prime Minister or the Minister of Finance, the Ministry of Transport (for assets under management of central authorities) or the Province-level People's Committee (for assets under management of local authorities) shall submit an application for asset transfer to the Prime Minister or the Minister of Finance for consideration and decision, or prepare a written directive/response in case the request for asset transfer is not appropriate. The application includes:

The written request for asset transfer made by the Ministry of Transport and the provincial People's Committee: 01 original.

The list of proposed assets made using Form No. 01C in the Appendix enclosed herewith by the Ministry of Transport or the provincial People's Committee: 01 original.

Written comments from relevant agencies: 01 copy each.

The application specified in point a of this clause: 01 copy.

c) The main contents of the asset transfer decision include: the name of the agency holding the transferred assets; the name of the receiving agency, organization, or unit; the list of the proposed assets (asset name; address; type/category/class; year of commissioning; basic specifications (quantity/length/area, etc.); original cost, residual value (if any); condition of asset usage); reasons for the transfer; responsibilities for implementation.

d) Within 30 days from the day on which the asset transfer decision is issued by the competent agency or person specified in Clause 2 of this Article, the agency holding the transferred assets and the receiving agency, organization, or unit shall:

Organize handover and receipt of the assets; the handover and receipt of the assets shall be documented in a record using the Form No. 01 in the Appendix enclosed herewith. The road infrastructure authority shall organize the preservation, protection and maintenance of the constructions belonging to the road infrastructure assets in accordance with the law until the completion of the transfer of assets to the receiving agency, organization, or unit.

Record the assets as a decrease or increase in assets in accordance with accounting laws; declare asset changes as stipulated in this Decree.

In cases where assets are transferred to be allocated to an enterprise for management in the form of state capital investment in the enterprise as specified in point c of clause 1 of this Article, following the issuance of an asset transfer decision by the competent agency or person specified in point dd clause 2 of this Article, the process shall be conducted in accordance with the provisions of point b clause 3 of Article 26 of this Decree.

dd) Reasonable costs directly related to the handover and receipt of assets shall be paid by the receiving agency, organization, or unit in accordance with the regulations.

e) Do not make payment for the value of the assets when transferring the assets.

4. For road infrastructure assets that have been subject to a repossession decision, and are subsequently transferred, the agency assigned to implement the repossession decision is responsible for preparing a plan for disposition of the repossessed assets (enclosed with a written request for receipt of the assets from an agency, organization, unit, and its superior regulatory authority (if any); a list of assets as stipulated in point a, clause 3 of this Article; documents related to the assets) and submitting it to the competent agency or person specified in clause 2 of this Article for consideration and decision. The sequence of implementation, the content of the asset transfer decision, the organization of implementation of the decision, and other contents shall comply with the provisions in points b, c, d, D, and e of clause 3 of this Article; the agency assigned to organize the implementation of the repossession decision shall exercise the rights and responsibilities of the agency holding the transferred assets.

Article 23. Return of road infrastructure assets to local authorities for management and disposition

1. Road infrastructure assets shall be returned to a local authority for management and disposition in the following cases:

a) The assets have been allocated to the road infrastructure authority but are no longer needed for use as road infrastructure assets or are being operated ineffectively.

b) Assets are excluded from the planning of road infrastructure constructions.

c) Other cases in accordance with law.

2. Authority to decide whether to return road infrastructure assets to local authorities for management and disposition:

a) The Prime Minister has authority to decide whether to return road infrastructure assets related to national defense and security to local authorities (the provincial People’s Committees) for management and disposition.

b) The Minister of Transport has authority to decide whether to return road infrastructure assets managed by central road infrastructure authorities to local authorities (provincial People’s Committees) for management and disposition, except for the assets specified in Point a of this Clause.

c) The Province-level People’s Committees have authority to decide or promulgate regulations on the authority to decide whether to return road infrastructure assets managed by local road infrastructure authorities to local functional agencies (Specialized agencies under the provincial People's Committees, Land Development Centers, specialized agencies under the district People's Committees) for management and disposition, except for the assets specified in Point a of this Clause.

3. The disposition of road infrastructure assets in the form of return of the assets to local authorities for management and disposition shall apply only in cases where the assets are no longer intended for use as road infrastructure assets.

4. Procedures for return of road infrastructure assets to local authorities for management and disposition:

a) When there are assets to be returned, the road infrastructure authority shall prepare an application for the asset return and submit it to the superior regulatory authority (if any) for submission to the competent agency or person specified in points b and c of Clause 2 of this Article. The application includes:

The written request for return of the assets to the local authority for management and disposition made by the road infrastructure authority: 1 original;

The written request for asset return made by the superior regulatory authority (if any): 01 original;

The written request for asset return made by the provincial road authority (in case the assets are managed by a district-level/commune-level road infrastructure authority): 01 original;

Comments of the provincial People’s Committee (where the assets are received) in cases where the assets are managed by a central road infrastructure authority: 01 original;

The list of proposed assets made using Form No. 01C in the Appendix enclosed with this Decree: 01 original;

Documents related to the reason for return of the assets (if any): 01 copy;

Other relevant documents (if any): 01 copy each.

b) Within 30 days from the date of receipt of the sufficient application specified in point a of this clause, the competent agency or person specified in point b or point c clause 2 of this Article shall consider deciding whether to return assets within their jurisdiction, or prepare written response in case the request for asset return is not appropriate..

In case the asset return is under the authority to decide of the Prime Minister, the Ministry of Transport (for assets under management of central authorities) or the Province-level People's Committee (for assets under management of local authorities) shall submit an application for asset return to the Prime Minister for consideration and decision, or prepare a written directive in case the request for asset return is not appropriate. The application includes:

The written request for asset return made by the Ministry of Transport and the provincial People's Committee: 01 original.

The list of proposed assets made using Form No. 01C in the Appendix enclosed herewith by the Ministry of Transport or the provincial People's Committee: 01 original.

Written comments from relevant agencies: 01 copy each.

The application specified in point a of this clause: 01 copy.

c) The main contents of the asset return decision include: the name of the road infrastructure authority holding the returned assets; the name of the receiving agency; the list of the proposed assets (asset name; address; type/category/class; year of commissioning; basic specifications (quantity/length/area, etc.); original cost, residual value (if any); condition of asset usage); reasons for the return; responsibilities for implementation.

d) Within 15 days from the day on which the asset return decision is issued by the competent agency or person specified in point a or b of clause 2 of this Article, the provincial People's Committee shall decide whether to receive the assets and assign the task of receiving the returned assets to the relevant local functional agency (specialized agency under the provincial People's Committee, land development center, specialized agencies under the district-level People's Committee).

dd) Within 30 days from the day on which the decision to receive the assets is issued by the provincial People's Committee (in the case specified in point d of this clause), or from the day on which the decision to return the assets (in the remaining cases), the road infrastructure authority holding the returned assets (the returner) shall take the lead, in coordination with the agency tasked with receiving the assets (the receiver), to organize the return and receipt of the assets; the return and receipt of the assets shall be documented in a record according to Form No. 01 enclosed with this Decree. The returner shall record the assets as a decrease or increase in assets in accordance with accounting laws; declare asset changes as stipulated in this Decree.

e) Reasonable costs directly related to the return and receipt of assets shall be paid by the receiver.

The road infrastructure authority shall organize the preservation, protection and maintenance of the constructions belonging to the road infrastructure assets in accordance with the law until the completion of the return of assets to the receiver.

The receiver is responsible for maintaining a separate ledger for the assets received from the time of return until the completion of the asset disposition as specified in Clause 6 of this Article.

g) Do not make payment for the value of the assets when returning the assets to a local authority for management and disposition.

5. For road infrastructure assets that have been subject to a repossession decision, and are subsequently returned to a local authority for management and disposition, the agency assigned to implement the repossession decision is responsible for preparing a plan for disposition of the repossessed assets (enclosed with a written request for receipt of the assets from the provincial People’s Committee in cases where the assets are managed by a central road infrastructure authority; a list of assets as stipulated in point a, clause 4 of this Article) and submitting it to the competent agency or person specified in clause 2 of this Article for consideration and decision.

The sequence of implementation, the content of the asset return decision, the organization of implementation of the decision, and other contents shall comply with the provisions in points b, c, d, dd, e and g of clause 4 of this Article; the agency assigned to organize the implementation of the repossession decision shall exercise the rights and responsibilities of the agency holding the returned assets.

6. After receiving assets, the receiver shall, based on the documentation of each specific case, inform the competent authority for disposition in accordance with the provisions of law as follows:

a) In cases of allocation or transfer of the assets to agencies, organizations, or units for management and use, the provisions of law on management and use of public property shall be applied.

b) In the case of allocating land for the construction of office premises or public works of agencies, organizations, and units (including those under the management of central authorities), land laws shall be applied.

c) In the case of land allocation or land lease to implement investment projects, land laws, asset auction laws, bidding laws, and other relevant laws shall be applied.

Article 24. Liquidation of road infrastructure assets

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

a) The assets are damaged beyond use or repair.

b) The old road infrastructure assets are dismantled to build new ones or to ensure traffic, and to return the site according to the projects approved by competent authorities.

c) Other cases in accordance with law.

2. Authority to decide whether to liquidate road infrastructure assets:

a) The Minister of Transport has authority to decide whether to liquidate road infrastructure assets managed by the central road infrastructure authorities.

b) The Province-level People’s Committees have authority to decide or promulgate regulations on the authority to decide whether to liquidate road infrastructure assets managed by local road infrastructure authorities.

3. Road infrastructure assets shall be liquidated through dismantling and destruction.

4. Procedures for liquidation of road infrastructure asset management

a) The road infrastructure authority shall prepare an application for the asset liquidation and submit it to the superior regulatory authority (if any) for submission to the competent agency or person specified in points b and c of Clause 2 of this Article. The application includes:

The written request for asset liquidation made by the road infrastructure authority: 1 original;

The written request for asset liquidation made by the superior regulatory authority (if any): 01 original;

The list of proposed assets made using Form No. 01C in the Appendix enclosed with this Decree: 01 original;

Other relevant documents (if any): 01 copy each.

b) Within 30 days from the date of receipt of the sufficient application specified in point a of this clause, the competent authority or person specified in clause 2 of this Article shall consider deciding whether to liquidate assets within their jurisdiction, or prepare written response in case the request for asset liquidation is not appropriate..

c) The main contents of the asset liquidation decision include: the name of the road infrastructure authority holding the liquidated assets; the list of the proposed assets (asset name; address; type/category/class; year of commissioning; basic specifications (quantity/length/area, etc.); original cost, residual value (if any); condition of asset usage); reasons for the liquidation; method of liquidation; responsibilities for implementation.

d) Based on the asset liquidation decision of the competent agency or person, the road infrastructure authority shall organize the dismantling and destruction of constructions belonging to road infrastructure assets and the disposition of repossessed materials and supplies. The disposition of repossessed materials and supplies shall comply with the provisions of clause 5 of this Article.

5. The repossessed materials and supplies (if any) obtained from the dismantling and destruction of constructions shall be disposed as follows:

a) Allocate the repossessed materials and supplies to the road infrastructure authority (the agency holding the liquidated assets) for use in maintenance work if such materials and supplies are usable: The road infrastructure authority shall submit a proposal for putting the repossessed materials and supplies in use to the competent agency or person that has issued the asset liquidation decision; in this case, no maintenance budget shall be allocated for the value of materials and supplies used for maintenance work. If a budget has already been allocated in the maintenance budget estimate, an amount equal to the value of materials and supplies according to the budget estimate and the value of the maintenance contract shall be deducted from the maintenance budget estimate for that year.

b) Transfer the repossessed materials and supplies to other agencies, organizations, or units for management and use: at the request of the road infrastructure authority (the agency holding the liquidated assets) and the request from the agency, organization, or unit in need of receiving the repossessed materials and supplies, the Minister of Transport shall decide the transfer of the assets to the agencies or units under its jurisdiction, the provincial People's Committee, or the agency or person having authority to decide whether to transfer the assets as prescribed by the provincial People's Committee shall decide the transfer of the assets to the agencies or units under its jurisdiction; the Minister of Finance shall decide the transfer of the assets outside the Ministry of Transport or the provincial People's Committee.

b1) The application for the transfer of repossessed materials and supplies includes:

The written request for transfer of the repossessed materials and supplies made by the road infrastructure authority: 1 original;

The written request for transfer of the repossessed materials and supplies made by the superior regulatory authority (if any): 01 original;

The written request for transfer of the repossessed materials and supplies made by the agency, organize or unit and its superior regulatory authority (if any): 01 original.

List of proposed materials and supplies (type, quantity, condition; intended use after transfer): 01 original.

Other documents related to the request for transfer of the repossessed materials and supplies (if any): 1 copy.

b2) The procedures for transferring repossessed materials and supplies:

b) Within 30 days from the date of receipt of the sufficient application specified in point b1 of this clause, the competent authority or person specified clause 2 of this Article shall consider deciding whether to transfer assets within their jurisdiction, or prepare written response in case the request for asset transfer is not appropriate..

In case the asset transfer is under the authority to decide of the Minister of Finance, the Ministry of Transport or the Province-level People's Committee shall submit an application for asset transfer to the Ministry of Finance for consideration and decision, or prepare a written response in case the request for asset transfer is not appropriate.

The main content of the decision to transfer repossessed materials and supplies includes: the name of the agency holding the repossessed materials and supplies; the name of the agency, organization, or unit receiving the materials and supplies; the list of proposed materials and supplies (name, type, quantity, condition); the purpose of use after the transfer; the reason for the transfer; and the responsibility for implementation.

Within 30 days from the day on which the decision to transfer the repossessed materials and supplies is issued by the competent agency or person, the agency holding the liquidated assets and the receiving agency are responsible for organizing the handover and receipt of the repossessed materials and supplies; the handover and receipt of transferred materials and supplies shall be documented in a record using Form No. 01 in the Appendix enclosed with this Decree.

c) Sell the repossessed materials and supplies that are no longer needed: The head of the road infrastructure authority shall decide the sale of materials and supplies that are no longer in demand. The sale of materials and supplies that are not in demand shall comply with the provisions of Article 31 of Decree No. 151/2017/ND-CP dated December 26, 2017, of the Government elaborating certain articles of the Law on Management and Use of Public Property and any amendments and supplements (if any).

d) Destroy materials and supplies that are no longer usable: The road infrastructure authority shall carry out the destruction of materials and supplies that are no longer usable.

6. In the case of the liquidation of old road infrastructure assets as stipulated in point b, clause 1 of this Article, if the project approved by the competent agency or person includes provisions for the liquidation of assets, the liquidation shall be carried out according to the approved project; the road infrastructure authority is not required to follow the procedures for asset liquidation as prescribed in clause 4 of this Article; the disposition of repossessed materials and supplies (if any) shall comply with the provisions of clause 5 of this Article, unless the value of the repossessed materials and supplies has already been deducted in the project's bidding package.

7. Upon completion of the asset liquidation, the road infrastructure authority shall record the assets as a decrease in assets in accordance with accounting laws; declare asset changes as stipulated in this Decree.

Article 25. Disposition of lost or damaged road infrastructure assets

1. Road infrastructure assets are lost or damaged due to natural disasters, fire, or other causes.

2. The authority to dispose lost or damaged road infrastructure assets:

a) The Minister of Transport has authority to decide or promulgate regulations on the authority to decide whether to dispose road infrastructure assets managed by the central road infrastructure authorities.

b) The Province-level People’s Committees have authority to decide or promulgate regulations on the authority to decide whether to dispose road infrastructure assets managed by local road infrastructure authorities.

3. Procedures for disposition of lost or damaged road infrastructure assets:

a) Within 30 days from the date of discovering the lost or damaged assets, the property authority is responsible for determining the cause (reason) for the loss or damage of the assets and the responsibilities of the relevant organizations and individuals, preparing an application for disposition of the lost or damaged assets, and submitting it to the superior regulatory authority (if any) for submission to the competent agency or person specified in Clause 2 of this Article for consideration and decision. The application includes:

The written request for asset disposition made by the road infrastructure authority (which clearly states the reasons for the loss or damage of the assets): 01 original;

The written request for asset disposition made by the superior regulatory authority (if any): 01 original;

Report on the determination of lost or damaged assets: 01 original;

The list of lost or damaged assets made using Form No. 01C in the Appendix enclosed with this Decree: 01 original;

Documentation proving the loss or damage of assets: 01 copy.

b) Within 30 days from the date of receipt of the sufficient application specified in point a of this clause, the competent authority or person specified in clause 2 of this Article shall decide the lost or damaged asset disposition.

c) The main contents of the asset disposition decision include: the name of the road infrastructure authority holding the lost or damaged assets; the list of the lost or damaged assets (asset name; address; type/category/class; year of commissioning; basic specifications (quantity/length/area, etc.); original cost, residual value (if any); condition of assets prior to loss or destruction); reasons for the loss or destruction; responsibilities for implementation.

4. Within 30 days from the day on which the disposition decision is issued by the relevant agency or person, the road infrastructure authority shall:

a) Record the assets as a decrease in assets in accordance with accounting laws and laws on the management and use of public property;

b) Declare asset changes in accordance with the provisions of Article 29 of this Decree.

c) Handle the responsibilities of the organizations and individuals involved in accordance with the provisions of the law.

5. The state budget shall cover the funding for the remediation of consequences and the repair of road infrastructure assets in order to restore safe and smooth road traffic activities.

In cases the insurance company or relevant organization or individual provides compensation for the lost or damaged road infrastructure assets, the amount received from the compensation for property damage shall be provided in accordance with the provisions of Clause 1, Article 27 of this Decree, after being deduced from related costs (if any), transferred to the state budget as stipulated, and allocated in the public investment plan and the state budget expenditure estimates for the purpose of investment in building replacement assets in accordance with state budget laws, public investment laws, and other relevant laws.

Article 26. Disposition of assets in cases where agencies or person having authority to decide whether to return assets to enterprises for management under the form of state capital investment in the enterprises

1. In cases where the representative agency of the owner approves an investment plan to supplement the charter capital at a wholly state-owned enterprise equal to the value of the road infrastructure assets and the assets have been allocated to the road infrastructure authority specified in clause 1 Article 5 hereof, the assets must be repossessed or returned to the enterprise.

2. In cases where the representative agency of the owner of the enterprise allocated assets in the form of state capital investment in the enterprise is the Ministry of Transport or the provincial People's Committee, the disposition shall be as follows:

a) The Prime Minister shall decide the repossession of assets related to national defense and security; the Minister of Transport and the provincial People's Committee shall decide the repossession of assets of the road infrastructure authority within their jurisdiction (excluding assets related to national defense and security).

The procedures for repossession of assets shall comply with the provisions of Clause 4, Article 21 of this Decree.

b) Based on the asset repossession decision made by the competent agency or person, the Ministry of Transport or the provincial People's Committee (the representative agency of the owner) shall make an additional investment equal to the value of the road infrastructure assets into the charter capital of the enterprise in accordance with the laws on the management and use of state capital invested in production and business at enterprises, the laws on road traffic, and other relevant laws.

3. In cases where the representative agency of the owner of the enterprise allocated assets in the form of state capital investment in the enterprise is not the Ministry of Transport or the provincial People's Committee, the disposition shall be as follows:

a) The Prime Minister shall decide the transfer of assets related to national defense and security; the Minister of Finance shall decide the transfer of assets (not related to national defense and security) from the Ministry of Transport or the provincial People's Committee to the Ministry, central authority, or provincial People's Committee, which acts as the representative agency of the owner of the enterprise.

The procedures for transfer of assets shall comply with the provisions of Clause 3, Article 22 of this Decree.

b) Based on the asset transfer decision made by the competent agency or person, the Ministry, central authority or the provincial People's Committee (the representative agency of the owner) shall make an additional investment equal to the value of the road infrastructure assets into the charter capital of the enterprise in accordance with the laws on the management and use of state capital invested in production and business at enterprises, the laws on road traffic, and other relevant laws.

4. The road infrastructure authority shall record the assets as a decrease in assets in accordance with accounting laws; declare asset changes as stipulated in this Decree.

5. The determination of the asset value recorded as increase in charter capital of the enterprise, the allocation, management, use and operation of road infrastructure assets allocated to the enterprise and the reporting shall comply with laws on management and use of state capital for investment in production and business in enterprises, laws on road traffic and other relevant laws.

Article 27. Management and use of the revenues from the disposition of road infrastructure assets

1. The entire amount obtained from the processing of road infrastructure assets (including compensation for damages, if any) shall be deposited into a escrow account held at the State Treasury, managed by the following agency:

a) The agency designated by the Ministry of Transport to be the account holder, for assets managed by the central road infrastructure authority.

b) The Department of Finance, for assets managed by a province-level road infrastructure authority:

c) The Finance and Planning Department, for assets managed by a district-level/commune-level road infrastructure authority:

2. The road infrastructure authority is responsible for making an estimate for costs related to the disposition of assets, submitting it to the Head of the road infrastructure authority for approval, after obtaining the appraisal opinions of:

a) The agency specified in point a, clause 1 of this Article, for assets managed by the central road infrastructure authority.

b) The Department of Finance, for assets managed by a province-level road infrastructure authority:

c) The Finance and Planning Department, for assets managed by a district-level/commune-level road infrastructure authority:

3. The costs associated with the disposition of road infrastructure assets include:

a) Inventory and measurement costs.

b) Relocation, demolition, and destruction costs.

c) Valuation costs.

d) Costs of selling repossessed materials and supplies.

d) Costs of the protection and preservation of assets pending disposition.

e) Other related reasonable costs.

4. The expenditure level serves as the basis for estimating costs related to the disposition of road infrastructure assets as stipulated in Clause 3 of this Article:

a) For expenditure items, the standards, norms, and regulations for which have been stipulated by competent agencies or persons, such standards, norms, and regulations shall be applied.

b) Regarding the expenditure items of service contracts related to asset disposition, the agreements signed between the road infrastructure authority and the service provider shall be applied. The selection of service providers related to asset disposition shall comply with relevant laws.

c) For expenditure items that are excluded from the provisions of points a and b of this section, the head of the road infrastructure authority shall decide the expenditure level, ensuring compliance with the applicable state financial management regulations and shall be responsible for their decision.

5. Within 30 days from the completion of asset disposition, the road infrastructure authority is responsible for preparing an application for payment and submitting it to the escrow account holder for disbursement. The head of the road infrastructure authority is responsible before the law for the accuracy of the proposed expenditures. The application includes:

a) The written payment request made by the road infrastructure authority (which specifies the amount of money obtained from the disposition of assets, total costs of asset disposition, and information about the payment receiving account) accompanied by a detailed statement of expenditures: 01 original.

b) The appraisal of the budget estimate from the competent authority as stipulated in paragraph 2 of this Article: 1 original.

c) Asset disposition decision by the competent agency or person: 01 copy.

d) Documentation and evidence of expenditures such as: approved expenditure estimates; lease contracts for valuation services, auction services, demolition, and other services (if any); invoices, receipts (if any): 01 copy.

6. Within 30 days from the date of receiving the sufficient application specified in Clause 5 of this Article, the escrow account holder is responsible for providing funds to the road infrastructure authority for the purpose of covering expenditures related to the disposition of road infrastructure assets.

7. Beyond the deadline stipulated in Clause 6 of this Article, if the escrow account holder has not received the application for payment or a document regarding the reasons for the incomplete application for payment from the road infrastructure authority, the escrow account holder shall deposit the funds into the state budget as provided in Clause 8 of this Article.

8. Every six months (no later than May 30 and October 31), the escrow account holder shall deposit the remaining amount from revenues generated from the disposition of road infrastructure assets (after settling the costs which are deducted from the escrow account) into the state budget (central budget for revenues from the disposition of assets under management of the central authority, local budget for revenues from the disposition of assets under management of the local authority) in accordance with state budget laws.

9. In cases where the revenues from the asset disposition are insufficient to cover the costs, the shortfall shall be allocated in the state budget estimates assigned to the road infrastructure authority.

Section 5. MANAGEMENT AND USE OF ROAD INFRASTRUCTURE ASSETS INVESTED IN THE PUBLIC-PRIVATE PARTNERSHIP MODEL

Article 28. Management and use of road infrastructure assets invested in the public-private partnership model

1. The investment in the construction, management, and operation of road infrastructure assets in the public-private partnership model, as well as the transfer of those assets created through the project implementation process under the public-private partnership model to the State, shall comply with the provisions of Articles 95 and 96 of the Law on Management and Use of Public Property and PPP investment laws.

2. Authority to decide whether to use the existing road infrastructure assets to participate in PPP investment projects:

a) The Prime Minister has authority to issue decisions for road infrastructure assets related to national defense and security.

b) The Minister of Transport has authority to issue decisions for road infrastructure assets managed by central road infrastructure authorities, except for cases specified in point a of this clause.

c) The Provincial People’s Committees have authority to issue decisions for road infrastructure assets managed by local road infrastructure authorities, except for cases specified in point a of this clause.

3. Procedures for using the existing road infrastructure assets to participate in PPP investment projects:

a) When there are road infrastructure assets that need to be used to participate in a PPP investment project, the road infrastructure authority shall prepare an application and submit it to the superior regulatory authority (if applicable) to present to the competent agency or person specified in points b and c of clause 2 of this Article. The application includes:

The written request for using assets to participate in the PPP investment project made by the road infrastructure authority (specifying the reasons for the use of assets to participate in the investment project): 01 original;

The written request for using assets to participate in the PPP investment project made by the superior regulatory authority (if any): 01 original;

The written request for using assets to participate in the PPP investment project made by the provincial road authority (in cases where the assets are managed by a district-level/commune-level road infrastructure authority): 01 original;

Comments of the related agencies: 01 Copy each;

The list of proposed assets made using Form No. 01C in the Appendix enclosed herewith: 01 original;

Other relevant documents (if any); 01 Copy each;

b) Within 30 days from the date of receipt of the sufficient application specified in point a of this clause, the competent authority or person specified in point b or point c clause 2 of this Article shall consider deciding whether to use assets to participate in the PPP investment project within their jurisdiction, or prepare written response in case the request is not appropriate

In case the decision-making is under the authority of the Prime Minister, the Ministry of Transport (for assets under management of central authorities) or the Province-level People's Committee (for assets under management of local authorities) shall submit an application for using the assets to participate in the PPP investment project to the Prime Minister for consideration and decision, or prepare a written directive in case the request for asset return is not appropriate. The application includes:

The written request for using the assets to participate in the PPP investment project made by the Ministry of Transport (for assets under management of central authorities) or the Province-level People's Committee (for assets under management of local authorities): 01 original;

Comments of the related agencies: 01 Copy each;

The application specified in point a of this clause: 01 Copy each;

c) Main contents of the Decision to use road infrastructure assets to participate in the PPP investment project: The name of the agency holding the assets used to participate in the investment project; the name of the investor receiving the assets; the list of assets (name of the asset; address; type/class/category; year of commissioning; basic specifications (quantity/length/area, etc.); original cost, residual value (if any); current condition of the asset); the responsibility for implementation.

The road infrastructure authority shall organize the preservation, protection, and maintenance of constructions belonging to the road infrastructure assets in accordance with the law until the completion of the handover of the assets to the investor.

4. Based on the Decision to use the existing assets to participate in the PPP investment project issued by the competent agency or person specified in Clause 2 of this Article, and based on the PPP investment project approved by the competent agency or person and the signed contract, the road infrastructure authority shall transfer the assets to the investor to execute the project. The handover shall be documented in a record using form No. 01 in the Appendix enclosed herewith.

5. The investor executing the project in the public-private partnership model is responsible for managing, using, maintaining, and accounting for the road infrastructure assets (including assets invested and managed by the State to be used to participate in the project), ensuring compliance with the quality and technical standards as prescribed by investment laws and construction laws until the assets are transferred to the competent state agency.

The road infrastructure authority shall monitor and submit reports on the portion of the assets used to participate in the project during the period when they are entrusted to the investor for project implementation.

6. The competent state agency shall sign the project contract, and the road infrastructure authority is responsible for monitoring, inspecting, and supervising the investor's compliance with the provisions in Clause 4 and Clause 5 of this Article until the investor transfers the assets to the competent state agency.

Section 6. REPORTS AND DATABASE ON ROAD INFRASTRUCTURE ASSETS

Article 29. Reports on road infrastructure assets

1. Road infrastructure assets must be declared as well as updated into the database on road infrastructure assets for unified management.

2. Methods of declaration of road infrastructure assets:

a) Initial declaration shall be applicable to:

The existing road infrastructure assets on the effective date of this Decree (including assets that have been initially declared in accordance with the provisions of Decree No. 10/2013/ND-CP dated January 11, 2013, of the Government, and Decree No. 33/2019/ND-CP dated April 23, 2019, of the Government on the management, use, and operation of road infrastructure assets);

Road infrastructure assets arising from the effective date of this Decree.

b) Additional declaration shall be applicable to cases where there are changes in information on the road infrastructure authority or information on assets that have been initially declared.

3. The road infrastructure authority shall prepare a declaration of road infrastructure assets to perform data entry (or delegate/authorize/assign affiliated administrative organizations or public service providers in accordance with the provisions of Clause 2, Article 5 of this Decree to make a declaration and enter data) into the database on road infrastructure assets.

The deadline for submitting a declaration is 30 days from the date the assets are put into use (for assets formed from procurement or new construction investments), from the date of receiving the assets according to the decision of the competent agency or person (for assets allocated or received through transfer), from the date of asset disposition according to the decision of the competent agency or person, or from the date of any changes in the information on the road infrastructure authority or information about the declared assets.

4. Annually, the road infrastructure authority shall submit reports on the management, use, and operation of road infrastructure assets (including the revenues generated from the disposition and operation of assets from the previous year) and ad hoc reports as required by the competent state agency. The cutoff date of the annual reporting is the conclusion of the financial year.

5. Reports on the management, use, and operation of road infrastructure assets include:

a) Report on the situation of asset operation according to the methods specified in this Decree.

b) Comprehensive report on the management, use, and operation of assets.

6. The deadline for submitting annual reports on the management, use, and operation of road infrastructure assets shall be as follows:

a) The road infrastructure authority shall prepare a report and submit it to the superior regulatory authority (if any) in order to inform the Ministry of Transport (for assets under management of central authorities) or the provincial People's Committee (for assets under management of local authorities). The reports must be submitted by February 28 of each year.

b) The Ministry of Transport or the provincial People's Committee shall submit a comprehensive report on the management, use, and operation of road infrastructure assets under their jurisdiction, and submit this report to the Ministry of Finance before March 15 of each year.

c) The Ministry of Finance shall submit a comprehensive report on the management, use, and operation of road infrastructure assets nationwide to the Government for submission to the National Assembly as required, and disclose the assets in accordance with regulations.

7. A report on road infrastructure assets shall be presented in the form of either a physical document or an electronic document. Depending on the actual conditions of the agency receiving the report stipulated in points b and c of clause 6 of this Article, the report shall be submitted to the agency receiving the report by one of the following methods:

a) In person.

b) Via postal services.

c) By fax.

d) By mail.

dd) Through the specialized reporting information software system.

e) Other methods prescribed by regulations of law.

8. The forms of declarations and reports on the management, use, and operation of road infrastructure assets shall be prescribed by the Minister of Finance.

Article 30. Database on road infrastructure assets

1. The database on road infrastructure assets is a component of the National Database on Public Property, which is constructed and managed uniformly across the country; the information in the database on road infrastructure assets holds legal validity equivalent to that of paper records.

2. The construction and management of the database on road infrastructure assets must ensure the following requirements:

a) Conform to the framework of Vietnam's e-Government architecture, meet the technical standards of the national database, the technical standards and regulations on information technology, information security and safety, as well as economic and technical norms.

b) Ensure compatibility, capability of integration and connection with the National Database on Public Property; share information and the ability to expand data fields in the design of systems and application software.

3. The Ministry of Transport (for assets managed by central authorities) and the Provincial People's Committees (for assets managed by local authorities) shall direct central and local road infrastructure authorities and other related agencies to declare, enter and approve data on road infrastructure assets into the Database on Road Infrastructure Assets as per regulations.

Chapter IV

ORGANIZING IMPLEMENTATION

Article 31. Implementation

1. Responsibilities of Ministry of Transport

a) During the allocation of road infrastructure assets for management, the Ministry of Transport shall direct relevant agencies, organizations, or units to manage and use the assets within their jurisdiction in accordance with public property management and use laws, road traffic laws, and related laws, ensuring smooth and safe road traffic operations.

b) Take charge in development and issuance of regulations and processes for the maintenance of road works and the criteria for monitoring and accepting the results of maintenance of constructions belonging to road infrastructure assets according to the execution quality.

c) Direct the review, classification, documentation and accounting for road infrastructure assets in accordance with the provisions of this Decree and relevant laws.

d) Direct and inspect the management, use and operation of road infrastructure assets under its management as stipulated in this Decree and related laws; address violations within its jurisdiction or inform competent agencies or persons of handling violations against regulations on management, use and operation of assets.

dd) Direct the registration and standardization of data on road infrastructure assets under management of central authorities; submit reports on the management, use and operation of assets in accordance with the provisions of this Decree.

e) Cooperate with the Ministry of Finance in developing the database on road infrastructure assets nationwide, in order to integrate it into the national database on public property.

g) Implement other duties and powers as stipulated in this Decree.

2. Responsibilities of Ministry of Finance

a) Provide guidelines for the accounting of road infrastructure assets.

b) Provide regulations on the management and depreciation of road infrastructure assets, and guidelines for submitting declarations and reports on road infrastructure assets.

c) Take charge and cooperate with the Ministry of Transport in developing the database on road infrastructure assets nationwide.

d) Provide guidelines to the Ministry of Transport and the provincial People's Committees for integration of the database of road infrastructure assets into the national database of public property.

dd) Implement other duties, powers and responsibilities as stipulated in this Decree.

3. Responsibilities of the provincial People’s Committees:

a) During the allocation of road infrastructure assets for management, the provincial People’s Committees shall direct relevant agencies, organizations, or units to manage and use the assets within their jurisdiction in accordance with public property management and use laws, road traffic laws, and related laws, ensuring smooth and safe road traffic operations.

b) Direct the review, classification, documentation and accounting for road infrastructure assets in accordance with the provisions of this Decree and relevant laws.

c) Direct and inspect the management, use and operation of road infrastructure assets under its management as stipulated in this Decree and related laws; address violations within its jurisdiction or inform competent agencies or persons of handling violations against regulations on management, use and operation of assets.

d) Direct the registration and standardization of data on road infrastructure assets under management of local authorities; submit reports on the management, use and operation of assets in accordance with the provisions of this Decree.

dd) Implement other duties and powers as stipulated in this Decree.

4. The ministries, central authorities, and provincial People's Committees, within their jurisdiction, are responsible for leading or coordinating with the Ministry of Transport and the Ministry of Finance in the management, use, and operation of road infrastructure assets in accordance with the provisions of this Decree and relevant laws.

5. Agencies, organizations, enterprises, and other relevant entities are allowed to submit electronic dossiers in cases where they possess digital signatures when carrying out the procedures stipulated in this Decree. In cases where the procedures stipulated in this Decree must be carried out through multiple steps, the originals as required by each procedure shall be retained by the agencies having authority to make decisions or the agencies of persons having authority to make decisions; other agencies shall keep copies.

Article 32. Transition actions

1. For the road infrastructure assets that are subjected to written decisions to allocate the assets to road infrastructure authorities made by competent agencies or persons in accordance with the eligible entities specified in this Decree, the road infrastructure authorities shall manage, use, and operate the assets in accordance with regulations without the need to re-initiate the procedures for asset allocation as stipulated in this Decree.

For the road infrastructure assets specified in points b, c, and d of Clause 1, Article 7 of this Decree, the Ministry of Transport (for assets under management of central authorities) and the provincial People's Committees (for assets under management of local authorities) are responsible for directing the completion of the review, inventory, and allocation of the road infrastructure assets to the road infrastructure authorities for management as prescribed in this Decree within 12 months from the effective date of this Decree.

2. For contracts for the operation of road infrastructure assets that have been signed by competent agencies or persons prior to the effective date of this Decree, their implementation shall continue in accordance with the provisions of the signed asset operation contracts.

3. Regarding road infrastructure assets that are subject to disposition decisions issued by the competent agencies or persons prior to the effective date of this Decree and have not yet been completed (except in cases specified in Clause 4 of this Article), the decisions of the competent agencies or persons shall continue to be applied; the tasks serving the asset disposition that have not been completed by the effective date of this Decree shall be carried out in accordance with the regulations of this Decree.

4. Regarding road infrastructure assets that are subject to decisions to sell the assets issued by the competent agencies or persons in accordance with the provisions of Decree No. 33/2019/ND-CP dated April 23, 2019 of the Government:

a) In cases where the fixed prices of the assets have not been given, the public announcement of the asset auction has not been made, or the auction conduct has not been successful in accordance with asset auction laws, or the auction results have been annulled as per the law on asset auctions, or the decision to sell assets issued by the competent agency or person has expired under the law, the sale shall be halted and the disposition of the assets shall be conducted in accordance with the provisions of this Decree. The handling of costs incurred in relation to the sale of assets (including inventory, surveying costs; valuation and appraisal costs; sales organization costs; costs of security and preservation for the assets pending disposition and other expenses related to the sale of assets) shall comply with the provisions of Clauses 3, 5, and 9 of Article 27 of this Decree.

In cases where the fixed prices have been provided and the public notification of asset auction has been made, the assets shall be auctioned in accordance with the provisions of the law. In the event that the auction conduct is unsuccessful, the sale shall be halted and the disposition of the assets shall be carried out in accordance with the provisions of this Decree.

b) In the event that the auction conduct has been successful but the contract for the sale of assets has not yet been signed as required, the necessary procedures shall continue to be carried out to complete the sale of assets in accordance with the provisions of the law.

Within 90 days from the date of signing an asset purchase and sale contract as stipulated, the purchaser of the assets (the successful bidder) is obliged to pay for the purchased assets to the road infrastructure authority. The road infrastructure authority shall transfer such payment to the escrow account as prescribed in Article 27 of this Decree within 03 working days from the date of receiving the payment for the assets.

In the event that the purchaser has not fully paid for the assets as stipulated in the signed contract by the deadline stipulated in this point, the road infrastructure authority shall submit a written request enclosed with a copy of the asset purchase and sale contract and proof of payment from the successful bidder (if any) to the Tax Department (where the assets are located) to determine and issue a notification of the late payment interests in accordance with tax administration laws.

The specific deadline for payment and the regulations on the payment of late payment interests shall be specified in the asset purchase and sale contract.

c) In cases where the auction conduct is successful and an asset purchase and sale contract has been signed in accordance with regulations, but the purchaser (the successful bidder) has not made payment or has not made full payment for the assets to the road infrastructure authority as per the signed contract, the purchaser shall continue to make payments for the assets according to the signed contract. The road infrastructure authority shall transfer such payment to the escrow account as prescribed in Article 27 of this Decree within 03 working days from the date of receiving the payment for the assets.

In the event that the payment due date specified in the signed asset purchase and sale contract has passed and the purchaser has not fully paid the amount of payment specified in the contract, the provisions set forth in point b of this clause shall apply.

d) The road infrastructure authorities are responsible for issuing invoices for the sale of public property to purchasers in accordance with public property management and use laws. The allocation of assets to purchasers shall be carried out at the areas where the assets are located after the purchasers have made the full payment;

The road infrastructure authorities shall record the assets as a decrease in assets in accordance with accounting laws and submit declarations of asset changes as stipulated in this Decree;

The management and use of the revenues obtained from the sale of assets shall comply with the provisions of Article 27 of this Decree and point a of this clause.

5. For the road infrastructure assets invested and managed by the State, which are being implemented under a pilot mechanism approved by a competent agency or person, the approved pilot mechanism shall continue to be applied; after the pilot mechanism concludes, if there is no adjustment, the Ministry, central authority, or the provincial People's Committee shall submit a report on the asset management and use mechanism to the Prime Minister in accordance with the provisions of this Decree.

Article 33. Entry into force

1. This Decree comes into force from June 10, 2024.

With the exception of Clause 1 and Clause 2, Article 19 of this Decree on use of land affixed to road infrastructure assets, they will be effective until the 2024 Land Law takes effect.

2. This Decree replaces Decree No. 33/2019/ND-CP dated April 23, 2019 of the Government on the management, use and development of road infrastructure assets.

Article 34. Implementation clauses

Ministers, Heads of ministerial agencies, Heads of Governmental agencies, Presidents of the People's Committees of provinces and central-affiliated cities, Heads of relevant agencies, organizations, units and enterprises are responsible for the implementation of this Decree./.

ON BEHALF OF GOVERNMENT OF VIETNAM PP. PRIME MINISTER DEPUTY PRIME MINISTER Tran Hong Ha