Policies on management and use of infrastructural property in Vietnam

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Vietnam law has regulations on policies on management and use of infrastructural property. Let’s find out this issue with Lawyer X through the following situation: “Dear Lawyer! I want to ask what are regulations on management and use of infrastructural property? What are regulations on authorities and organizations assigned to manage infrastructural property in Vietnam? Thanks for answering my questions!”

  • 2017 Vietnam Law on Management and Use of Public Property

Management and use of infrastructural property

– Management and use of infrastructural property invested and managed by the State shall comply with regulations of 2017 Vietnam Law on Management and Use of Public Property and relevant law.

– Management and use of infrastructural property including state capital of enterprises shall comply with regulations of law on management and use of state capital to invest in enterprises’ business operation and relevant law.

Authorities and organizations assigned to manage infrastructural property

– State authorities.

– People’s armed forces.

– Public service providers.

– Enterprises.

– Other authorities and organizations as prescribed in regulations of relevant law.

Rights and obligations of authorities and organizations assigned to manage infrastructural property

– Authorities and organizations assigned to manage infrastructural property are entitled to:

+ Make a decision on response to protect and operate infrastructural property that is assigned to manage according to regulations of 2017 Vietnam Law on Management and Use of Public Property and relevant law.

+ Have legitimate rights and interests protected by the State;

+ File complaints according to regulations of law;

+ Other rights as prescribed by law.

– Authorities and organizations assigned to manage infrastructural property shall:

+ Prepare and manage documents; aggregate infrastructural property according to regulations of 2017 Vietnam Law on Management and Use of Public Property and law on accounting;

+ Report and publish information about infrastructural property as prescribed herein;

+ Take measures for maintaining, developing and protecting infrastructural property;

+ Fulfill financial obligations in operation of infrastructural property;

+ Transfer infrastructural property when the State makes a decision on withdrawal;

+ Other obligations as prescribed by law.

– Rights and obligations of heads of state authorities, people’s armed forces, public service providers, enterprises and other authorities and organizations specified in Article 75 herein:

+ Ensure implementation of management, use and operation of property that the State assigns to manage;

+ Monitor and inspect management and use of distributed property;

+ Take actions against violations of management and use of infrastructural property within their power or submit such violations to competent authorities for resolutions;

+ Comply with regulations of 2017 Vietnam Law on Management and Use of Public Property and relevant laws; ensure the use of property for the right purposes and policies and ensure cost-effectiveness;

+ Resolve complaints within their power and take responsibilities for their explanations as prescribed in regulations of law;

+ Other rights and obligations as prescribed by law.

Infrastructural property distributed to managing authorities and organizations

– Existing infrastructural property that has not been distributed to managing authorities and organizations.

– Newly built infrastructural property.

– Withdrawn infrastructural property as prescribed in Article 88 herein.

– Infrastructural property whose public ownership is established as specified in Section 2 Chapter VI herein.

– Other infrastructural property as prescribed by law.

Documents, preparation of statistics, keeping financial accounts, inventory, re-evaluation and making reports on infrastructural property

– Documents on infrastructural property shall contain:

+ Documents related to the form of infrastructural property and fluctuation;

+ Reports on infrastructural property management and use and other reports on infrastructural property;

+ Data on infrastructural property on national database on public property.

– Infrastructural property shall be statistically and financially accounted and inventoried in accordance with regulations of law on accounting, law on statistics and relevant laws. Authorities and organizations assigned to manage infrastructural property shall make reports on management and use of property as prescribed herein.

– Infrastructural property is a fixed asset and shall be depreciated according to regulations of law.

– Re-evaluation of infrastructural property value shall be carried out in the following cases:

+ Compiling an inventory, re-evaluating the property according to a competent authority’s decision;

+ Upgrading or extending the property according to a project approved by a competent authority;

+ Distributing, compiling an inventory or transferring property which has not been aggregated on accounts;

+ Selling or liquidating property;

+ Property that is extremely damaged due to natural disasters, fire or other causes;

+ Other cases as prescribed by law.

– Re-evaluation of infrastructural property value shall comply with regulations of 2017 Vietnam Law on Management and Use of Public Property, law on accounting and relevant law.

Policies on management and use of infrastructural property in Vietnam
Policies on management and use of infrastructural property in Vietnam

Maintenance of infrastructural property

– Infrastructural property shall be maintained according to criteria, norms and technical maintenance procedures in order to maintain technical conditions of infrastructural property and ensure normal operation and safety when using infrastructural property.

– Forms of infrastructural property maintenance shall comply with regulations of relevant law.

– Every year, authorities and organizations that are assigned to manage infrastructural property shall publish information about the list of infrastructural property and maintenance plans thereof within their scope of management.

– Organizations and individuals having demand and capacity shall register to participate in infrastructural property maintenance. Selection of entities to maintain infrastructural property shall comply with regulations of law on bidding, unless the State places an order, assigns plans or the maintenance to construction contractors.

– Entities receiving transfer of the right to collect charges, leasing the right to use or receiving fixed-term transfer of infrastructural property shall maintain infrastructural property in accordance with regulations of law and terms of relevant agreements.

– Funding for infrastructural property maintenance including funding from state budget shall comply with regulations of law on state budget and other funding prescribed by law.

Forms of operation of infrastructural property

– Operation of infrastructural property shall be carried out in the following forms:

+ Operation of infrastructural property by the managing entity;

+ Transferring the right to collect infrastructural property user charges;

+ Leasing out the right to operate infrastructural property;

+ Fixed-term transferring of the right to operate infrastructural property;

+ Other forms as prescribed by law.

– Based on socio-economic development requirements, management requirements, the capability to exploit infrastructural property and forms specified in Clause 1 this Article, authorities or organizations assigned to manage infrastructural property shall actively make or make a plan for property operation at the request of a superior managing authority and submit it to a competent authority for approval.

– Based on a plan that has been approved by a competent authority, authorities or organizations assigned to manage infrastructural property shall comply with regulations of Articles 81, 82, 83 and 84 herein.

– Operation of infrastructural property carried out in the forms specified in Points b, c, d and dd Clause 1 this Article shall be made in a written agreements. In cases where the basis for determination of such agreement value fluctuates widely according to the Government’s regulations, the parties to this agreement shall adjust it.

After the term of operation expires according to the agreement, entities receiving the transfer of the right to collect charges or leasing the right to exploit or receiving the fixed-term transfer of the right to exploit infrastructural property shall transfer the property to assigned authorities or organizations in order to ensure the normal technical operation conditions of the property in line with requirements of the agreement.

Operation of infrastructural property carried out by authorities and organizations assigned to manage infrastructural property

– Authorities and organizations assigned to manage infrastructural property are entitled to directly operate the property if:

+ Infrastructural property is related to national security as prescribed in the Prime Minister’s decision at the request of a contact point responsible for the management of infrastructural property and another relevant authority;

+ The direct operation of the property is more effective or there is no organization or individual registering to apply to the forms specified in Points b, c, d and dd Clause 1 Article 80 herein.

– Authorities and organizations assigned to manage infrastructural property shall provide services related to infrastructural property and support services and organize operations management of infrastructural property.

– Revenue earned from operation of infrastructural property shall include: fees and charges as prescribed in regulations of law on fees and charges; the proceeds earned from collecting infrastructural property user charges when and other revenue relevant to provision of services as prescribed in regulations of law.

Transfer of the right to collect infrastructural property user charges

– Transfer of the right to collect infrastructural property user charges shall be made when the State authorizes the right to collect infrastructural property user charges to organizations and individuals within the fixed term as stated in an agreement to receive a corresponding amount of money.

Organizations and individuals receiving transfer shall be entitled to collect infrastructural property user charges and other revenue related to provision of services as regulated by law.

– Transfer of the right to collect infrastructural property user charges shall apply to the infrastructural property that is charged according to regulations of law on fees and charges and not subject to existing infrastructural property whose investment project on upgrading or expanding approved by a competent state authority as specified in Clause 2 Article 84 herein.

– Transfer of the right to collect infrastructural property user charges shall comply with regulations of law on property auction.

– Term for transfer of the right to collect infrastructural property user charges shall be determined in particular for each agreement.

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Frequently asked questions

Shall management and use of infrastructural property including state capital of enterprises comply with regulations of law on management?

Management and use of infrastructural property including state capital of enterprises shall comply with regulations of law on management and use of state capital to invest in enterprises’ business operation and relevant law.

What authorities and organizations are assigned to manage infrastructural property?

Authorities and organizations assigned to manage infrastructural property comprise:
– State authorities.
– People’s armed forces.
– Public service providers.
– Enterprises.
– Other authorities and organizations as prescribed in regulations of relevant law.

Are authorities and organizations assigned to manage infrastructural property entitled to make a decision on response to protect and operate infrastructural property?

Authorities and organizations assigned to manage infrastructural property are entitled to make a decision on response to protect and operate infrastructural property that is assigned to manage according to regulations of 2017 Vietnam Law on Management and Use of Public Property and relevant law.

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