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GOVERNMENT
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SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom - Happiness
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No. : 33/2019/ND-CP

Hanoi, April 23, 2019

 

DECREE

ON MANAGEMENT, USE AND OPERATION OF ROAD INFRASTRUCTURE ASSETS

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

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 promulgates the Decree on management, use and operation of road infrastructure assets.

Chapter I

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Article 1. Scope

1. This Decree regulates the management, use and operation of road infrastructure assets under State management and investment.

2. The management, use and operation of road infrastructure assets under management and investment of organizations and individuals are not included in the scope of this Decree.

Article 2. Regulated entities

1. Road traffic regulatory agencies.

2. Agencies assigned to manage the road infrastructure assets (hereinafter referred to as “asset management agencies”).

3. Agencies, units and enterprises assigned to use and operate the road infrastructure assets.

4. Other entities involved in the management, use and operation of road infrastructure assets.

Article 3. Principles of road infrastructure asset management, use and operation

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2. State management on road infrastructure assets shall be implemented in consolidation, specifically classify the authority and responsibility of each regulatory agency and the collaboration responsibility among the regulatory agencies; separate the State management of regulatory agencies from the business operation of enterprises.

3. The operation of road infrastructure assets must comply with the market mechanism and must be efficient.  The State encourages the involvement of private sectors to diversify resources to sustain, develop and operate the road infrastructure assets.

4. The road infrastructure assets fully reckoned and accounted with respect to tangible assets and values, and assets potentially at the risk of disaster, fire and other force majeure causes shall receive financial risk management via insurance or other means as per law.

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

Chapter II

MANAGEMENT, USE AND OPERATION OF ROAD INFRASTRUCTURE ASSETS

Section 1. ROAD INFRASTRUCTURE ASSET management

Article 4. Road infrastructure assets

1. The road infrastructure assets (including the piece of land associated with the assets) include:

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b) Road bridges and auxiliary works thereof;

b) Road tunnels and auxiliary works thereof;

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

dd) Weigh station;

e) Road tollbooths;

g) Bus stations;

h) Parking lots;

i) Road work management posts;

k) Rest stops;

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m) Traffic Control and Surveillance Centre (ITS Centre);

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

o) Rescue stations for road traffic;

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

2. The road infrastructure assets specified in Clause 1 of this Article involved in national defense and security shall be determined according to important national security works protection laws.

Article 5. Assignment of road infrastructure asset management

1. The asset management agencies specified in Clause 2 Article 2 of this Decree assigned with the road infrastructure assets under State management and investment (excludes the State capital in enterprises) include:

a) The central asset management agencies shall be the agencies assisting the Minister of Transport in the exercise of governmental authority specialized in road traffic (the asset management agencies shall manage the assets according to the asset management classification of the Ministry of Transport);

b) The local asset management agencies shall be the agencies assisting the People’s Committees of provinces and central-affiliated cities (hereinafter referred to as "provincial People’s Committees”) in the exercise of governmental authority specialized in road traffic. The People’s Committees of districts, provincial cities; The People’s Committees of communes, wards, towns.

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a) The Prime Minister shall decide the assignment of road infrastructure asset management involved in national defense and security, and assets accumulated from projects invested by the Prime Minister at the request of the Minister of Transport, Chairmen of the provincial People’s Committees and remarks of other relevant agencies;

b) The Minister of Transport shall decide the assignment of road infrastructure asset management under management of the central government that are not included in the scope specified in Point a of this Clause;

c) The Chairmen of the provincial People’s Committees shall decide the assignment of road infrastructure asset management under local management that are not included in the scope specified in Point a of this Clause.

3. Request for assignment of road infrastructure asset management consists of:

a) The written request of the asset management agencies: 01 original;

b) The asset examination and classification records or dossier on assets assigned to be brought into use: 01 original;

c) The list of assets requested to be managed (asset name; quantity; state; input value and residual value according to accounting ledger): 01 original;

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

4. The procedures for assignment of road infrastructure asset management specified in Clause 1 of this Article:

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b) Within 30 days from the date on which a valid set of document is received, the Minister of Transport or the Chairmen of the provincial People’s Committees shall consider and decide to assign the road infrastructure asset management within their competence;

c) With respect to assets within the Prime Minister’s competence, within 15 days from the date on which a valid set of document is received, the Ministry of Transport or the provincial People’s Committees shall send a record together with copy of the document set specified in Clause 3 of this Article to consult relevant agencies about methods of asset management assignment.

Within 30 days from the date on which valid documents of the Ministry of Transport, provincial People’s Committees are received, relevant agencies by their functions and task shall have the responsibilities to address remarks on methods of asset management assignment.

Within 15 days from the day on which remarks made by relevant agencies are received, the Minister of Transport or the Chairmen of the provincial People’s Committees must send a request together with the document set specified in Clause 3 of this Article and the remarks of the relevant agencies to the Prime Minister for consideration and decision on methods of asset management assignment;

d) The primary contents of the decision to assign asset management include: Name of the asset management agency; the list of asset assigned to be management (asset name; quantity; input value and residual value according to the accounting ledger); implementation responsibilities;

dd) Within 30 days from the date on which the decision mentioned above is made, the competent individuals, Ministry of Transport and provincial People’s Committees must direct to ensure the fulfillment of the asset assignment and reception within their competence as per law. The asset assignment and reception must be recorded according to Form No. 01 specified in the Appendix issued together with this Decree.

Article 6. Management of road infrastructure assets considered as State capital in enterprises

1. The procedures for assigning road infrastructure assets to enterprises conducting business on road infrastructures in the form of State capital investment in the enterprises shall comply with regulations and law on management and use of the State capital to invest in the business operations of the enterprises, road traffic laws and relevant law provisions.

The Ministry of Transport and provincial People’s Committees shall consider and select the list of road infrastructure assets which will be used to report to agencies or individuals competent to decide the assignment of asset management in the form of State capital investment in the enterprises as per law. Do not make State capital investment in enterprises with respect to road infrastructure assets that are roads, bridges, tunnels, spare supplies storage or ITS Centre specified in Point a, b, c, 1, m Clause 1 Article 4 of this Decree.

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3. The re-evaluation of road infrastructure assets to determine the state capital portion in enterprises shall comply with regulations and law on management and use of State capital to invest in business operations of the enterprises, price laws and relevant law provisions.

Section 2. Management and account dossier regarding ROAD INFRASTRUCTURE ASSETS

Article 7. Road infrastructure asset management dossier

1. The road infrastructure asset management dossier consists of:

a) Records relating the creation and change of road infrastructure assets specified in this Decree and relevant law provisions;

b) Declaration reports; reports on the management, use and operation of road infrastructure assets specified in Article 26 of this Decree;

c) Database relating the road infrastructure assets specified in Article 27 of this Decree.

2. The asset management agencies shall have the responsibilities to:

a) prepare the road infrastructure asset management dossier within their competence;

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Article 8. Road infrastructure asset account

1. The road infrastructure assets should be a single stand-alone structure or a single system consisting of multiple asset parts that connect with one another to perform certain functions that is to be subjects in the accounting ledger.

If one system is assigned to multiple management agencies, the accounting ledger subjects will be the different asset parts assigned to each agency.

2. The asset management agencies shall have the responsibilities to:

a) open accounts and audit the road infrastructure assets accounts (or consolidated accounts based on the detailed accounts made by agencies and units assigned to do the accounting works) according to accounting laws and provisions specified in this Decree;

b) audit the annual increase, decrease and depreciation of the road infrastructure assets as per law.

3. The input value and residual value of the road infrastructure assets shall be determined as follows:

a) With respect to the road infrastructure assets that have been completed and brought into use from the date this Decree comes into force, the value to be recorded in the accounting ledger is the purchase and statement value as per law;

b) With respect to the road infrastructure assets that are recently constructed, completed and brought into use but the statement thereof has not been approved by the competent agencies or individuals, the value to be recorded in the accounting ledger is the initial costs. The initial costs in this situation shall be selected in the following order of priority: value recommended for entering in accounting records; value determined according to A-B acceptance testing records; value included in the approved cost estimate of the project. Once the project statement is approved the competent agencies or individuals, the asset management agencies shall adjust the value recorded in the accounting ledger according to accounting laws;

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4. The accounting and depreciation of the road infrastructure assets shall comply with regulations of the Ministry of Finance.

Section 3. ROAD INFRASTRUCTURE ASSET MANAGEMENT maintenance

Article 9. Road infrastructure asset management

1. The maintenance of road infrastructure assets must be carried out as specified in this Decree and in relevant law provisions; the asset maintenance must comply with the procedures, plans and standards to maintain the technical conditions of the asset, ensure normal operation and safety in asset use and operation.

2. Methods of road infrastructure asset maintenance:

a) Quality-based maintenance:

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 asset management agencies shall have the responsibilities to calculate the sufficient maintenance expenditure with respect to each asset under their management; request the competent agencies, organizations to approve. The maintenance expenditure of road infrastructure assets that needs to be sufficiently determined shall be calculated based on the economic and technical norms or the average maintenance expenditure within the last 3 years plus the inflation factor (if any) or a combination of both.

The monitor criteria and results inspection of the road infrastructure asset quality maintenance and the inflation factor shall comply with regulations of the Ministry of Transport.

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Practical workload maintenance refers to the carrying out of maintenance based on the actual implemented workload. The practical workload maintenance applies to the periodic and irregular maintenance of road infrastructure assets.

3. The Minister of Transport and the Chairmen of the provincial People’s Committees shall decide the application of maintenance methods specified in Point a, Point b Clause 2 of this Article with respect to each maintenance activity carried out for the road infrastructure assets according to provisions specified in this Decree, regulations and law on quality management and maintenance of construction and specialized laws, ensure cost efficiency.

4. The selection of maintenance methods of road infrastructure asset specified in Clause 2 of this Article shall comply with bidding laws, laws specialized in road traffic and relevant law provisions.

5. The expenditure on maintenance of road infrastructure assets shall be allocated from the State budget according to State budget laws and other expenditure according to regulations and law; except when:

a) The road infrastructure assets that have been considered as State capital in enterprises

b) The operation of road infrastructure assets is hired by enterprises during the lease period and the hiring enterprises have the responsibilities to carry out maintenance according to regulations and law and signed contracts;

c) The road infrastructure assets during the temporary transfer period of use right which the enterprises transferred to shall have the obligations to carry out maintenance according to regulations and law and signed contracts.

6. With respect to the road infrastructure assets of cases specified in Point a, b and c Clause 5 of this Article, the selection of organizations or organizations to carry out maintenance and the carrying out of maintenance according to road traffic laws, laws on construction and other relevant law provisions.

Article 10. Organization of State budget expenditure statement regarding road infrastructure asset maintenance

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a) Based on the technical standards, regulations, economic and technical norms, workload to cope with, unit price and maintenance plans approved by the competent agencies or individuals, the asset management agencies must make a State budget expenditure statement regarding the maintenance of road infrastructure assets (except cases specified in Point a, b and c Clause 5 Article 9 of this Decree), report to the superior managing agencies (if any) to request the Ministry of Transport, the provincial People’s Committee to consider and merge into the annual state budget estimates according to State budget laws;

b) Based on the decision to hand over the state budget estimates of the competent agencies, The Ministry of Transport or the provincial People's Committees shall hand over the state budget estimates regarding the road infrastructure asset maintenance to the asset management agencies under their management;

c) The asset management agencies must make state budget estimates for the road infrastructure asset maintenance as per law.

2. The procedures for making and approval of road infrastructure asset maintenance plan and statement of expenditure in 3 years and 5 years shall comply with regulations and law on State financial – budget plan for 3 years and financial plan for 5 years.

Section 4. ROAD INFRASTRUCTURE ASSET MANAGEMENT OPERATION

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

1. Methods of road infrastructure asset operation:

a) The asset management agencies shall directly operate the assets;

b) Lease the rights to operate road infrastructure assets;

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With respect to necessary operation of road infrastructure assets by methods other than those specified in Point a, b and c of this Clause, the Ministry of Transport shall take charge and cooperate with the Ministry of Finance and relevant agencies to design the scheme for operation of road infrastructure assets and propose to the Prime Minister.

2. Revenues from operation of road infrastructure assets include:

a) Fees according to fees and charges laws;

b) Revenues generated from the fees for road infrastructure asset use and other sources of revenues relating the service provision as per law;

c) Revenues generated from the lease of the rights to operate, adopt temporary transfer regarding road infrastructure assets specified in this Decree with respect to asset operation rights lease or temporary transfer thereof;

d) Other sources (if any) according to regulations and law.

3. With respect to road infrastructure assets serving public purposes, not adopting the asset operation methods specified in Clause 1, Clause 2 of this Article, the asset management agencies shall manage and use as per law; do not have to design the scheme for asset operation and request the competence agencies or individuals to approve as specified in earlier in this Section, The Minister of Transport, provincial People’s Committees shall decide on the list of road infrastructure assets under their management serving public purposes which will not adopt the asset operation methods specified in Clause 1, Clause 2 of this Article at the request of the asset management agencies.

Article 12. Direct asset operation of asset management agencies

1. The asset management agencies shall directly operate the assets if:

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b) There are other operation methods to apply that are more efficient than those specified in Point b, Point c Clause 1 Article 11 of this Decree;

c) There are no organizations sign up for implementation of methods specified in Point b, Point c Clause 1 Article 11 of this Decree.

2. The authorization for approval of road infrastructure asset operation schemes;

a) The Prime Minister shall approve the schemes to operate the road infrastructure assets involved in national defense and security, and assets accumulated from projects invested by the Prime Minister at the request of the Minister of Transport, Chairmen of the provincial People’s Committees and remarks of other relevant agencies;

b) The Minister of Transport shall approve the scheme to operate the road infrastructure assets under management of the central government that are not included in the scope specified in Point a of this Clause;

c) The Chairmen of the provincial People’s Committees shall approve the scheme to operate the road infrastructure assets under local management that are not included in the scope specified in Point a of this Clause.

3. The application to approve the road infrastructure asset operation scheme consists of;

a) The application form for the approval of asset operation scheme: 01 original;

b) The asset operation scheme according to Form No. 07 specified in the Appendix issued together with this Decree: 01 original;

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4. Design and approval of the road infrastructure asset operation scheme:

a) The asset management agencies shall prepare 01 set of application for the approval of asset operation specified in Clause 3 of this Article and report to the superior managing agencies (if any) to propose to the Ministry of Transport or provincial People’s Committee;

b) Within 30 days from the date on which a valid set of application is received, the Minister of Transport or the provincial People’s Committee must consider and approve the asset operation scheme within their competence or response by written documents regarding unsuitable schemes;

c) With respect to assets within the Prime Minister’s competence to approve the operation schemes, within 15 days from the date on which a valid set of application is received, the Ministry of Transport or the provincial People’s Committees shall send a record together with a copy of the application set specified in Clause 3 of this Article to consult relevant agencies according to provisions regarding asset operation schemes.

Within 30 days from the date on which valid documents of the Ministry of Transport, provincial People’s Committees are received, relevant agencies by their functions and task shall have the responsibilities to address their remarks on the asset operation schemes.

Within 15 days from the day on which remarks made by relevant agencies are received, the Minister of Transport or the Chairmen of the provincial People’s Committees must send a request together with the application set specified in Clause 3 of this Article and the remarks of the relevant agencies to the Prime Minister for consideration and approval of asset operation schemes or issuance of directing documents provided unsuitable schemes.

5. Based on the road infrastructure asset operation schemes approved by the competent agencies or individuals, the asset management agencies must implement the asset operation in accordance with the approve schemes and laws.

Article 13. Lease of road infrastructure asset operating right

1. The lease of road infrastructure asset operating right refers to the transfer of asset operating right from the State to the road infrastructure enterprises in a definite period of time according to the contracts for a specific amount of money.

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a) Bus stations, parking lot, road work management posts, and rest stops;

b) The technical infrastructural constructions such as wires, cables, pipes and other constructions installed in road and road safety corridors as per law.

3. The authorization for approval of the scheme to lease the road infrastructure assets operating right;

a) The Prime Minister shall approve the schemes to lease the operating right regarding the road infrastructure assets involved in national defense and security, and assets accumulated from projects invested by the Prime Minister at the request of the Minister of Transport, Chairmen of the provincial People’s Committees, remarks of the Ministry of Finance and other relevant agencies;

b) The Minister of Transport shall approve the schemes to lease the operating right regarding the road infrastructure assets under management of the central government that are not included in the scope specified in Point a of this Clause after receiving remarks of the Ministry of Finance and relevant agencies;

c) The Chairmen of the provincial People’s Committees shall approve the scheme to lease the operating right regarding the road infrastructure assets under local management that are not included in the scope specified in Point a of this Clause at the request of the local asset management agencies, comments of provincial finance authorities and relevant agencies.

4. The application to approve the scheme to lease the road infrastructure asset operating right consists of;

a) The application form for approval of the scheme to lease asset operation: 01 original;

b) The scheme to lease the asset operating right according to Form No. 07 specified in the Appendix issued together with this Decree: 01 original;

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5. Design and approval of the scheme to lease the road infrastructure asset operating right;

a) The asset management agencies shall prepare 01 set of application for the approval of the scheme to lease asset operating right specified in Clause 4 of this Article and report to the superior managing agencies (if any) to propose to the Ministry of Transport or provincial People’s Committee;

b) Within 15 days from the date on which a valid set of application is received, the Ministry of Transport or the provincial People’s Committees shall send a record together with a copy of the application set specified in Clause 4 of this Article to consult relevant agencies according to regulations regarding asset operation scheme.

c) Within 30 days from the date on which the documents of the Ministry of Transport, provincial People’s Committees are received, the relevant agencies shall have the responsibilities to make remarks on the following categories: the adequacy and validity of the application, the necessary and suitability of the scheme to lease the asset operation with respect to the functions, tasks of the units, regulations and law on management, use of public property, laws specialized in road traffic and relevant law provisions; the suitability in basis and methods of determining the rent of asset operating right; the contents in the scheme to lease the asset operating right that need to be amended;

d) Within 15 days from the date on which remarks made by relevant agencies are received, the Ministry of Transport, the provincial People’s Committees must direct the asset management agencies to complete the reception, adjustment and finishing the scheme or issue instructional documents provided unsuitable scheme to lease the asset operation;

The Minister of Transport, the Chairmen of the provincial People’s Committees shall consider and approve within their competence or issue records together with copies of the application specified in Clause 4 of this Article and remarks of relevant agencies to report to the Prime Minister for consideration and approval within his competence.

6. Based on the scheme to lease the asset operation approved by the competent agencies or individuals, the Ministry of Transport, provincial People’s Committees must direct the organization of auctions to choose the enterprises leasing the right to operate assets according to bidding laws and sign the asset operation rental agreement as per law.

The enterprises participating in the bidding must satisfy requirements relating competence and experience in road infrastructure business according to road traffic laws and relevant law provisions.

7. b) The road infrastructure asset operation rental agreement consists of the following information:

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b) Lessee information;

c) The list of assets whose operating right is leased;

d) Lease period and rent; payment methods, deadline and other necessary contents relating the payment;

dd) Rights and obligations of the parties as specified in Clause 8, Clause 9 of this Article;

e) Implementation responsibilities.

8. Lessee shall have the rights to:

a) actively organize the asset operation according to regulations and law, and the signed agreement;

b) decide the asset operation means and methods to ensure the conformance with road traffic laws;

c) be protected by the State regarding legal rights and privilege; complain and file lawsuits as per law if his rights and privilege are violated;

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dd) exercise other rights of the lessee as per law.

9. Lessee shall have the obligations to:

a) protect the rented assets (including the land associated with them); prevent losses, trespasses and other violations as per law;

b) use and operate the rented assets in the correct purposes; refrain from transferring, selling, gifting, mortgaging or contributing capital;

c) carry out maintenance ensuring technical requirements and other provisions in the sign agreement;

d) pay the rent adequately and before the deadline as specified in the agreement; if the enterprises fail to pay or not fully pay the rent before the deadline specified in the agreement, they must make late payments; the amount of late payment is specified in tax administration laws. The asset management agency must send a request together with a copy of the agreement and record regarding the payment of the enterprises (if any) to the Provincial Department of Taxation (where the assets are located) to determine and issue the notice on the amount of late payment according to tax administration laws;

dd) be inspected, supervised by the lessor; cooperate with the lessor to deal with any difficulties that arise;

e) return the rented assets after the agreement expires and in situations specified in Clause 10 of this Article;

g) inform the asset management agency on a regular or irregular basis according to provisions of the signed agreement about the status of the assets, ensure road traffic safety and coherence;

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10. While the rental agreement is still valid, if the lessor voluntarily returns or violates the agreement or the State revoke the assets to serve national security, defense, public benefits, the actions against parties’ rights and obligations (if any) shall comply with the agreement, civil laws and relevant law provisions.

Article 14. Temporary transfer of road infrastructure asset operating right

1. The temporary transfer of the road infrastructure asset operating right refers to the transfer of operation made by the State in a definite amount of time to serve the upgrade or expansion of the current road infrastructure assets according to plans that have been approved by the competent agencies or individuals to receive a corresponding amount of money according to the agreement.

2. The Prime Minister shall approve the schemes to make the temporary transfer regarding the right to operate road infrastructure assets at the request of the Minister of Transport, Chairmen of the provincial People’s Committees, remarks of the Ministry of Finance and other relevant agencies;

3. The temporary transfer of road infrastructure asset operating right shall be made via bidding. The requirements of an enterprise eligible for participation in the bidding include:

a) Capacity and experience of the enterprise in investment, road infrastructure business according to road traffic laws and relevant law provisions;

b) Financial capacity to execute an investment project as per law.

4. The transfer period of road infrastructure asset operating right shall be specifically determined in each transfer contract and must not exceed 50 years.

5. The application to approve the scheme of temporary transfer regarding road infrastructure asset operating right consists of:

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b) The scheme of temporary transfer of asset operating right following Form 07 specified in the Appendix issued together with this Decree: 01 original;

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

6. Design and approve the scheme of temporary transfer regarding road infrastructure asset operating right:

a) The asset management agencies shall prepare 01 set of application for the approval of the scheme to temporarily transfer the asset operating right specified in Clause 5 of this Article and report to the superior managing agencies (if any) to propose to the Ministry of Transport or provincial People’s Committees;

b) Within 15 days from the date on which a valid set of application is received, the Ministry of Transport or the provincial People’s Committees shall send a record together with a copy of the application set specified in Clause 5 of this Article to consult the Ministry of Finance and relevant agencies according to regulations regarding the scheme for temporary transfer of asset operating right.

c) Within 30 days from the date on which the documents of the Ministry of Transport, provincial People’s Committees are received, the relevant agencies shall have the responsibilities to make remarks on the following categories: the adequacy and validity of the application, the necessary and suitability of the scheme for temporary transfer of the asset operating right with respect to the functions, tasks of the units, regulations and law on management, use of public property, laws specialized in road traffic and relevant law provisions; the suitability in basis and methods of determining the price of asset operating right; the contents in the scheme for temporary transfer of asset operating right that need to be amended;

d) Within 15 days from the date on which remarks made by relevant agencies are received, the Ministry of Transport, the provincial People’s Committees must direct the asset management agencies to complete the reception, adjustment and finishing the scheme or issue instructional documents provided unsuitable scheme for temporary transfer of asset operating right;

dd) The Minister of Transport, the Chairmen of the provincial People’s Committees shall consider and approve within their competence or issue records together with copies of the application specified in Clause 5 of this Article and remarks of relevant agencies to report to the Prime Minister for consideration and approval within his competence;

e) Based on the scheme for temporary transfer of asset operating right approved by the Prime Minister, the Ministry of Transport and the provincial People’s Committees shall direct the bidding to select the enterprises receiving the asset operating right as prescribe in Clause 3 of this Article and sign the temporary transfer contract of asset operating right as per law.

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a) Information of the transferring party;

b) Information of the transferred party;

c) List of transferred assets;

d) The transfer period; transfer price, payment methods; work items that are invested and upgraded by the project shall be approved by the competent agencies, individuals and other necessary contents;

dd) The contract amendment conditions: The revenues generated by the road infrastructure asset operation during the temporary transfer increase or decrease more than 10%/year continuously for 03 years.

e) Rights and obligations of the parties as specified in Clause 9, Clause 10 of this Article;

g) The implementation responsibilities.

8. Within 90 days from the date on which the contract is signed, the transferring enterprises shall have the responsibilities to pay the transfer payment to the asset management agencies specified in the contract. The asset management agencies shall have the responsibility to submit the money to the temporary account in 03 working days from the date on which the transfer money is received.

If the transferred party fails to fulfill the payment specified in the transfer contract regarding the asset operating right before the deadline specified in this Clause, they must make late payments; the amount of late payment shall comply with tax administration laws. The asset management agency must send a request together with a copy of the contract and record regarding the payment of the enterprises (if any) to the Provincial Department of Taxation (where the assets are located) to determine and issue the notice on the amount of late payment according to tax administration laws.

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9. The transferred party shall have the rights to:

a) use and do business with the road infrastructure assets according to the signed contract;

b) benefit from investment incentive and promotion policies according to investment laws and relevant law provisions;

c) use property invested by the enterprise, use the operating right to mobilize capital as per law;

d) collect the fees, service charges from the use of road infrastructure assets and other sources of revenues relating the service provision (corresponding to the asset expansion investment price as specified by the competent authority according to regulations and law, and the sign contract;

dd) complain and file lawsuits as per law if his rights and privilege are violated;

e) exercise other rights of the transferred party as per law.

10. The transferred party shall have the obligations to:

a) invest in the transferred project according to the plans approved by the competence agencies or individuals and ensure proper progress and quality;

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c) inform the asset management agency on a regular or irregular basis about the status of the assets, ensure road traffic safety and coherence;

d) be legally responsible for any breach in the signed contract;

dd) fulfill other obligations of the transferred party according to regulations and law and the signed contract.

Article 15. Rental and price of temporary transfer of road infrastructure asset operating right

1. Rental and price of temporary transfer of road infrastructure asset operating right refers to the amount of money that the enterprises who rent the asset operating right, receive the temporary transfer of asset operating right have to pay the State in order to use, operate assets according to the signed contract, agreement.

2. The starting price of bidding for lease of road infrastructure asset operating right shall be determined based on:

a) The starting price on the market of assets of the same kind or sharing the same technical standards, regulations at the time of lease and serving the same lease purposes;

b) The estimated revenues and expenditure from asset operation during the rent period if there is no other asset to be compared to as specified in Point a of this Clause.

3. The starting price of bidding for temporary transfer of road infrastructure asset operating right shall be determined based on the residual value of the assets at the time of transfer according to the re-evaluation, traffic volume (if the asset is road), the remaining depreciation time of the assets, additional investment, estimated revenues and expenditure from the asset operation during the transfer period.

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5. With respect to road infrastructure assets built on land that are not used for business or services, the rental or temporary transfer price for asset operating right shall not include land rents.

With respect to road infrastructure assets built on land that are used for business or services, the rental or temporary transfer price for asset operating right shall include land rents.

6. The determination of starting price of bidding for lease or temporary transfer of road infrastructure asset operating right shall comply with guidelines of the Ministry of Finance.

Article 16. Operation of vacant land to generate capital for road infrastructure asset development

1. The operation on vacant land to generate capital for road infrastructure asset development shall comply with Article 118 of the Law on Management and Use of Public Property and land laws.

2. The operation on vacant land to generate capital for road infrastructure asset development refers to the act when the State applies the land withdrawal mechanism in the vicinity of land serving construction projects on road infrastructure to create a vacant land to develop the road infrastructure assets.

a) The operation on vacant land to generate capital for development of road infrastructure assets is recommended for road constructing, upgrading or expanding projects according to urban development planning or rural residential planning;

b) With respect to road constructing, upgrading or expanding projects beyond the scope specified in Point a of this Clause or other road infrastructure assets are bus stations, parking lots, based on practical situations, the competent agencies, individuals specified in Clause 4 of this Article shall decide the operation on vacant land to generate capital for road infrastructure asset improvement.

3. The operation on vacant land in the vicinity of land serving the projects on capital generation for road infrastructure asset development shall comply with land laws and bidding laws.

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a) The Ministry of Transport shall consult the Ministry of Finance and relevant agencies about the vacant land operation scheme to generate capital for the road infrastructure asset development within their competence and report to the Prime Minister for consideration and approval;

b) The provincial People’s Committees shall approve the vacant land operation scheme to generate capital for road infrastructure asset development within their competence after consulting People's Councils of the same level

5. The primary information of the vacant land operation scheme includes:

a) The basis and necessity of the scheme;

b) Area of the land expected to be operated;

c) Land use methods;

d) The total investment in road infrastructure asset construction;

dd) Estimated compensation, land clearance costs for vacant land operation according to regulations and law on compensation, assistance and relocation when the State appropriates land;

e) Estimated money produced from the vacant land operation according to land laws;

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h) Other information relating the vacant land operation;

i) The implementation responsibilities.

6. The provincial People’s Committees (where the vacant land situates) shall have the responsibilities to:

a) recall the land in vicinity of the land serving projects on construction of road infrastructure according to the scheme approved by competence agencies or individuals;

b) approve or empower competent agencies to approve the scheme to compensate, assist and relocate with respect to the recalled area of land specified in Point a of this Clause according to land laws;

c) direct the implementation of compensation, assistance and relocation of recalled land;

d) approve and publicize the detailed plans with respect to the vacant land used to generate capital;

dd) other relevant affairs.

Article 17. Management and use of revenues generated from road infrastructuure asset operation and land vacant operation to generate capital for road infrastructure asset development

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a) The revenues generated from the road infrastructure asset operation that are fees specified in Point a Clause 2 Article 11 of this Decree shall be managed, used according to fees and charges laws, State budget laws and relevant law provisions;

b) The revenues generated from the road infrastructure asset operation that are the use and service provision costs specified in Point b Clause 2 Article 11 of this Decree shall be managed and used according to the financial mechanism applied to the asset management agencies.

2. With respect to the road infrastructure asset operation specified in Article 13, Article 14 of this Decree and the land vacant operation related to road infrastructure specified in Article 16 of this Decree:

a) The revenues generated from the operating right lease or temporary transfer regarding the road infrastructure assets and land vacant operation related to road infrastructure shall be submitted to the temporary accounts at the State Treasury under names of the following agencies:

The agencies assigned to manage assets as specified in Clause 1 Article 19 of the Law on Management and Use of Public Property with respect to assets whose operating schemes are approved by the Prime Minister;

The Department of Finance of the provinces where the asset management agencies locates with respect to assets whose operating schemes are approved by the Minister of Transport, Chairmen of the provincial People’s Committees.

b) The expenditure relating the road infrastructure asset operation and land vacant operation related to the road infrastructure must be made statement and approved by the Ministry of Transport (with respect to assets under national management), the provincial People’s Committees (with respect to assets under local management), which includes:

Stocktaking, starting price determination, organizing auctions and other relevant expenditure with respect to lease, temporary transfer of operating right regarding road infrastructure assets specified in Article 13, Article 14 of this Decree;

The expenditure relating the land vacant operation specified in Article 16 of this Decree;

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d) On a quarterly basis, owner of the temporary accounts shall submit the remaining amount of money with respect to revenues generated from the operation whose payment is completed to the State budget according to State budget laws;

dd) The amount of money submitted to the State budget shall be prioritized for capital allocation in public investment plans, State budget expenditure statement for road infrastructure asset building, upgrading, repairing and developing according to State budget laws, public investment laws and relevant law provisions.

Section 5. DEALING WITH ROAD INFRASTRUCTURE ASSETS

Article 18. Methods of dealing with road infrastructure assets

1. Asset recall.

2. Asset reassignment.

3. Asset sale.

4. Using of road infrastructure assets to pay the investors in the implementation of construction in the manner of build-operate-transfer contracts.

5. Asset disposal.

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7. Other measures according to regulations and law.

Article 19. Road infrastructure asset recall

1. The road infrastructure assets shall be recalled if:

a) There is a change in the planning, clearance levels;

b) The assets are not assigned to the proper subjects, used for the proper purpose; asset lending;

c) The assets are sold, rented, gifted, mortgaged or linked illegally;

d) The assets have been assigned but are no longer used or the operation thereof is not effective;

dd) Other cases according to regulations and law.

2. The authority to recall the road infrastructure assets:

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b) The Minister of Transport shall decide to recall the road infrastructure assets situates on land under management of the central government that are not included in the scope specified in Point a of this Clause at the request of the Minister of Transport;

c) The Minister of Transport shall decide to recall the road infrastructure assets under management of the central government that are not included in the scope specified in Point a, Point b of this Clause;

d) The Chairmen of the provincial People’s Committees shall decide to recall the road infrastructure assets under local management that are not included in the scope specified in Point a of this Clause.

3. The recalled road infrastructure assets shall be:

a) assigned for management according to Article 5 of this Decree;

d) reassigned according to Article 20 of this Decree;

c) sold according to Article 21 of this Decree.

4. Request for recall of road infrastructure asset consists of:

a) The written request of the asset management agencies: 01 original;

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

5. The procedures for road infrastructure asset recall with respect to voluntary return of asset:

a) The asset management agencies shall prepare 01 set of requesting documents for the recall of assets specified in Clause 4 of this Article and report to the superior managing agencies (if any) to propose to the Ministry of Transport or provincial People’s Committee;

b) Within 30 days from the date on which a valid set of document is received, the Minister of Transport, the Chairmen of the provincial People’s Committees shall consider and decide within their competence or propose the competent agencies or individuals specified in Point a, Point b Clause 2 of this Article for asset recall consideration and decision;

c) The decision to recall the road infrastructure assets includes the following pieces of information: Name of the asset management agencies whose assets are recalled; name of the agencies performing the recall; the list of recalled assets (asset name; quantity; costs, residual value according to the accounting ledger); reason for recall; implementation responsibilities;

d) After the recall decision is made by the competent agencies or individuals, the agencies performing the recall shall prepare to receive the assets; prepare measures to deal with the recalled assets according to Clause 3 of this Article; organize the dealing with assets by methods approved by the competent agencies or individuals as per law; implement the asset preservation and protection during the time waiting for the actions.

6. The procedures for road infrastructure asset recall with respect to cases other than those specified in Clause 5, Clause 7 of this Article:

a) Based on the propositions by the agencies competent to inspect, examine, audit, impose administrative sanctions and other regulatory agencies, the Minister of Transport, the Chairmen of the provincial People’s Committees shall consider and decide within their competence or request the competent agencies or individuals specified in Clause 2 of this Article to consider and decide to recall the assets;

b) The primary details of the recall decision and the responsibilities of relevant agencies are specified in Point c, Point d Clause 5 of this Decree.

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The consultation record needs to specify the recall reason, the area of land that is recalled, the conformity of the land recall plan relative to the land use plan and planning approved by the competent agencies or individuals and other necessary details.

Article 20. Road infrastructure asset reassignment

1. The reassignment of road infrastructure assets shall be applied if:

a) There is a change relating the management agencies, clearance level, planning and classification of assets;

b) The assets have been assigned but are no longer used or the operation thereof is not effective;

c) Other cases according to regulations and law.

2. The authority to reassign the road infrastructure assets:

a) The Prime Minister shall decide to reassign the road infrastructure assets from the asset management agencies (in central government and local government) to management enterprises in the form of state capital investment in the enterprises and assets relating national defense and security at the request of the Minister of Transport, Chairmen of the provincial People’s Committees, Minister of Finance and relevant agencies;

b) The Minister of Finance shall decide to reassign the road infrastructure assets that are not specified in the provisions of Point a of this Clause between the Minister of Transport and ministries, regulatory agencies, provincial People’s Committees, between provinces and central-affiliated cities at the request of the Minister of Transport and Chairmen of the People’s Committees of relevant provinces;

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d) The Chairmen of the provincial People’s Committees shall decide to reassign the road infrastructure assets that are not included in the scope specified in Point a of this Clause between agencies and units within their competence.

3. Request for reassignment of road infrastructure asset consists of:

a) The written request for asset reassignment of the asset management agencies: 01 original;

b) The written request for asset reception of agencies, enterprises: 01 original; with respect to asset reassignment due to changes in management levels or planning, the written asset reception is not necessary;

c) The list of asset requested to be reassigned shall follow Form No. 06 in the Appendix issued together with this Decree (which should specify the current usage and expected usage after being reassigned provided the reassignment is associated with function altering): 01 original;

d) Documents relating the altering of asset functions (provided the reassignment is associated with functions altering): 01 copy);

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

4. The procedures for reassignment of road infrastructure assets:

a) When the road infrastructure assets need to be reassigned, the asset management agencies shall prepare 01 set of requesting documents for the reassignment of assets specified in Clause 3 of this Article and report to the superior managing agencies (if any) to propose to the Ministry of Transport or provincial People’s Committee;

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The Ministry of Transport, provincial People’s Committees shall consult relevant agencies as per law to propose competent agencies and individuals specified in Point a, Point b Clause 2 of this Article for consideration and decision to reassign or response with written documents provided unsuitable asset reassignment request;

c) The asset reassignment decision includes the following pieces of information: Name of the asset management agencies whose assets are to be reassigned; name of the agencies, enterprises receiving the reassigned assets; the list of assets requested to be reassigned (name of asset; quantity; status; costs, residual value according to the accounting ledger, the current purpose and expected purpose provided the reassignment is associated with functions altering); reassignment reasons; implementation responsibilities;

d) Within 30 days from the date on which the asset reassignment decision is made by the competent agencies or individuals, the agencies possessing reassigned assets and the agencies, enterprises receiving the assets shall have the responsibilities to: Organize the asset transfer and reception according to Form No. 01 specified in the Appendix issued together with this Decree; record the decrease or increase in property according to the current accounting laws; register for asset ownership and use rights as per law (if any); declaration on changes in assets specified in Article 26 of this Decree;

dd) The expenditure directly involved in the asset transfer and reception paid by the receiving party as per law;

e) Do not complete the asset payment until the asset reassignment is finished.

Article 21. Road infrastructure asset sale

1. The sale of road infrastructure assets shall be applied if:

a) The recalled assets specified in Article 19 of this Decree are no longer used;

b) The assigned assets are no longer used or the operation thereof is not effective;

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d) Other cases according to regulations and law.

2. The authority to sell the road infrastructure assets:

a) The Prime Minister shall decide to sell the road infrastructure assets involved in national defense and security, and assets accumulated from projects invested by the Prime Minister at the request of the Minister of Transport, Chairmen of the provincial People’s Committees, remarks of the Ministry of Finance and other relevant agencies;

b) The Minister of Transport shall decide to sell the road infrastructure assets situating on land under management of the central government that are not included in the scope specified in Point a of this Clause at the request of the Minister of Transport and remarks of relevant agencies;

c) The Minister of Transport shall decide to sell the road infrastructure assets under management of the central government that are not included in the scope specified in Point a, Point b of this Clause;

d) The Chairmen of the provincial People’s Committees shall decide to sell the road infrastructure assets under local management that are not included in the scope specified in Point a of this Clause.

3. The sale of road infrastructure assets shall comply with asset bidding laws.

4. Request for sale of road infrastructure asset consists of:

a) The written request for asset sale of the asset management agencies: 01 original;

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

5. The procedures for sale of road infrastructure assets:

a) When the road infrastructure assets need to be sold, the asset management agencies shall prepare 01 set of requesting documents for the sale of assets specified in Clause 4 of this Article and report to the superior managing agencies (if any) to propose to the Ministry of Transport or provincial People’s Committees;

b) Within 30 days from the date on which a valid set of application is received, the Minister of Transport or the provincial People’s Committee must consider and decide to sell within their competence or response with written documents regarding unsuitable asset sale request;

The Ministry of Transport, provincial People’s Committees shall consult relevant agencies as per law to propose competent agencies and individuals specified in Point a, Point b Clause 2 of this Article for consideration and decision or response with written documents provided unsuitable asset sale request;

c) The decision to sell the assets should include the following information: Name of the asset management agencies whose assets are for sale; the list of assets to be sold (name of asset, quantity; costs, residual value according to the accounting ledger); the methods of asset sale; management and use of the revenues generated from the asset sale; responsibilities and deadline for implementation;

d) Based on the decision to sell the assets of the competent agencies or individuals, the asset management agencies shall organize the determination of asset starting price for bidding, request the Minister of Transport or Chairmen of the provincial People’s Committees to approve and sell the assets as per law;

dd) Within 90 days from the date on which the sale contracts are signed, the buyers shall have the responsibilities to pay for the purchase from the asset management agencies according to the contracts. The asset management agencies shall have the responsibility to submit the money to the temporary accounts in 03 working days from the date on which the sale money is received.

If the buyer fails to fulfill or not fully fulfill the payment specified in the sale contract before the deadline specified in this Point, they must make late payments; the amount of late payment shall comply with tax administration laws. The asset management agency must send a request together with a copy of the sale contract and record regarding the payment of the bidding winners (if any) to the Provincial Department of Taxation (where the assets are located) to determine and issue the notice on the amount of late payment according to tax administration laws;

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e) The asset management agencies shall have the responsibilities to send receipts for public asset sale to the buyers according to public asset management and use laws. The transfer of assets shall be done at the location of the assets after the buyer has completed the payment;

g) Within 30 days from the date on which the asset bidding is completed, the asset management agencies must record the decrease in property and declare asset changes as specified in Article 26 of this Decree.

Article 22. Road infrastructure asset disposal

1. The disposal of road infrastructure assets shall be applied if:

a) The assets are damaged and cannot be repaired or the repair itself is ineffective;

b) The old road infrastructure assets are deconstructed to construct new assets according to plans approved by the competent agencies or individuals;

c) The competent authorities adjust the planning which renders a part or the whole of road infrastructure assets unusable in terms of asset utilities;

d) Other cases according to regulations and law.

2. The Minister of Transport or the Chairmen of the provincial People’s Committees shall decide or empower competent agencies to decide to dispose the road infrastructure assets under their management.

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a) Assigned to the asset management agencies for carrying out maintenance to usable assets: the Minister of Transport, the Chairmen of the provincial People’s Committees shall decide to bring the recovered materials and scrap into use; in this case, the materials and scrap value shall be deducted in the statement and maintenance contract;

b) Transferred to agencies, organizations or units for management and use: the Minister of Transport, the Chairmen of the People’s Committees shall decide to transfer the materials and scrap to the agencies or units under their management; The Ministry of Transport shall decide to transfer to agencies, organizations or units that are not affiliated to the Ministry of Transport with respect to assets under national management, not affiliated to the provincial People’s Committees with respect to assets under local management at the request of the Minister of Finance, provincial People’s Committees (where the assets located), relevant ministries, central government authorities, provincial People’s Committees.

c) Sold regarding unused materials and scrap.

4. Request for disposal of road infrastructure asset consists of:

a) The written request for asset disposal of the asset management agency: 01 original;

b) The list of assets requested to be disposed shall follow Form No. 06 specified in the Appendix issued together with this Decree (in which the disposal reason purpose must be specified): 01 original;

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

5. The procedures for disposal of road infrastructure assets:

a) The asset management agency shall compile 01 set of disposal request specified in Clause 4 of this Article and request the superior managing agency (if any) to propose the competent agency or individual specified in Clause 2 of this Article for consideration and decision;

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c) The decision to dispose the assets should include the following information: Name of the asset management agency; the list of assets to be disposed (asset name, quantity, costs, residual value, reason of disposal); disposal methods; recovered materials and scrap processing methods (if any); management and use of revenues generated from the disposal; implementation responsibilities;

d) Based on the decision to dispose the assets of the competent agencies or individuals, the asset management agencies shall perform the asset deconstruction and processing of recovered materials and scraps as per law. The sale of the recovered materials and scrap shall comply with provisions specified in Article 31 of Decree No. 151/2017/ND-CP dated December 26, 2017 of the Government elaborating a number of Articles to Law on Management and Use of Public Property;

dd) After the asset disposal is completed, the asset management agencies must record the decrease in property and declare asset changes as specified in Article 26 of this Decree and relevant law provisions.

Article 23. Handling of lost or damaged road infrastructure assets

1. The road infrastructure assets that are lost or damaged by disasters, fire or other cause.

2. The Minister of Transport or the Chairmen of the provincial People’s Committees shall decide or empower competent agencies to decide to handle the road infrastructure assets specified in Clause 1 of this Article under their management.

3. Request for handling of road infrastructure asset consists of:

a) The written request for asset handling of the asset management agency: 01 original;

b) The record confirming the lost or damaged assets;

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d) Documents confirming the loss or damage to the assets: 01 copy.

4. Procedures for the handling of lost or damaged road infrastructure assets:

a) Within 30 days from the date on which the assets are found to be lost or damaged, the asset management agency shall compile 01 set of document requesting to handle the lost or damaged assets specified in Clause 3 of this Article and request the superior managing agency (if any) to propose the competent agency or individual specified in Clause 2 of this Article for consideration and decision;

b) Within 30 days from the date on which a valid set of document is received, the competent agency or individual specified in Clause 2 of this Article shall decide to handle the assets in the event of loss or damage.

c) The decision to handle the assets should include the following information: Name of the asset management agency whose assets are lost or damaged; the list of assets that are lost or damaged and recorded the decreased in property changes (asset name; quantity; costs, residual value according to the accounting ledger); reason (cause) of loss or damage; implementation responsibilities.

5. Within 30 days from the date on which the decision to handle is made by the competent agencies or individuals, the asset management agencies shall record the decrease in property according to accounting laws; declare the asset changes as specified in Article 26 of this Decree.

6. The State budge shall assure the funding for the consequence restoration, repair of road infrastructure assets to ensure safe and coherent road traffic.

If the lost or damaged road infrastructure assets are compensated by the insurance enterprises or relevant organizations, individuals, the compensated amount of money shall follow provisions specified in Clause 1 Article 25 of this Decree, after being deducted from relevant expenditure (if any), submit to the State budget as per law and is prioritized in the public investment plan, made State expenditure statement for the construction of replacement assets according to State budget laws, public investment laws and relevant law provisions.

Article 24. Management and use of invested road infrastructure assets following Public – Private partnership model

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2. The use of road infrastructure assets used to pay for the investor during the construction implementation following the build-operate-transfer model shall follow provisions of the Government on using public assets to pay for the investors during the construction implementation following the build-operate-transfer model.

3. The use of road infrastructure assets to participate in investment projects following the Public - Private partnership model except for model specified in Clause 2 of this Article is clarified as follows:

a) The Prime Minister shall decide to use the current road infrastructure assets to participate in the investment projects following the Public - Private partnership model at the request of the Minister of Transport, Chairmen of the provincial People’s Committees, remarks of the Ministry of Finance and other relevant agencies.

The decision made by the Prime Minister on use of the current road infrastructure assets to participate in the investment projects following the Public - Private partnership model shall be the basis to decide or request the competent agencies or individuals to decide the investment policy according to investment laws and public investment laws;

b) Based on the decision made by the Prime Minister on use of the current road infrastructure assets to participate in the investment projects following the Public - Private partnership model, the investment projects following the Public - Private partnership model shall be approved by the competent agencies or individuals and signed in contracts, the asset management agencies shall transfer the assets to the project investors. The transfer must be recorded according to Form No. 01 specified in the Appendix issued together with this Decree.

4. The investors of projects following the Public - Private partnership model shall have the responsibilities to manage, use and carry out maintenance to the road infrastructure assets (includes assets invested and managed to participate in the projects by the State) to ensure technical standards according to investment laws, construction laws until the assets are transferred to the competent authorities.

5. The competent authorities signing the project contracts, the current agencies assigned to manage the road infrastructure assets shall have the responsibilities to monitor, inspect and supervise the investor regarding the implementation specified in Clause 4 of this Article until the investors transfer the assets to the competent authorities.

Article 25. Management and use of the money obtained from road infrastructure asset handling and disposal

1. All of the money obtained from the disposal and handling of road infrastructure assets (including the damages if any) shall be submitted to the temporary accounts at the State Treasury owned by the following agencies:

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b) The Department of Finance of the provinces where the asset management agencies locates with respect to assets decided or authorized to be disposed or handled by the Minister of Transport, Chairmen of the provincial People’s Committees.

2. The temporary accounts of the agencies possessing disposed or handled assets shall be stringently monitored.

3. The agencies assigned to dispose or handle the road infrastructure assets shall have the responsibilities to make statement with respect to expenditure regarding the asset disposal or handling and send to the Ministry of Transport (with respect to assets under national management) or the provincial People’s Committees (with respect to assets under local management) for approval. The expenditure relating the disposal and handling of road infrastructure assets include:

a) Stocktaking, measurement and drawing expenditure;

b) Relocation, deconstruction and destruction expenditure;

c) Evaluation and value appraisal expenditure;

d) Sale preparation expenditure;

dd) Other relevant legitimate expenditure.

4. The expenditure levels serving as the basis for the expenditure statement relating the disposal or handling of road infrastructure assets specified in Clause 3 of this Article:

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b) With respect to details of the service lease relating the asset disposal or handling, follow the contract signed by the asset management agencies and the service providers. The selection of service providers relating the asset disposal or handling shall comply with regulations and law;

c) With respect to expenditure other than those specified in Point a, Point b of this Clause, heads of the agencies assigned to dispose or handle the assets shall determine the expenditure levels to ensure the conformance with the current financial administration laws and be responsible for their decisions.

5. Within 30 days from the date on which the asset disposal or handling is completed, the agencies assigned to dispose or handle the assets shall have the responsibilities to compile 01 set of documents requesting payment and send to the temporary account owners. The heads of agencies assigned to dispose or handle the assets shall be legally responsible for the accuracy of the expenditure requested for payment. The payment request documents include:

a) The payment request of the agencies assigned to dispose or handle the assets (which should include the amount of money obtained from the asset disposal or handling, the total expenditure on asset disposal or handling, information regarding the account making the payment) together with the detailed expenditure list: 01 original;

b) The decision to dispose or handle the assets made by the competent agencies or individuals: 01 copy;

c) Files and documentary evidences confirming the expenditure such as: the approved expenditure statement; evaluation, bidding and deconstruction lease agreement; Receipts, invoices (if any): 01 copy.

6. Within 30 days from the date on which a valid set of document is received, the temporary account owner shall have the responsibilities to grand the asset management agencies money to pay for the expenditure relating the road infrastructure asset disposal or handling.

7. On a quarterly basis, owner of the temporary accounts shall submit the remaining amount of money with respect to expenditure on asset disposal or handling whose payment has completed to the State budget according to State budget laws.

8. If the money obtained from the asset disposal or handling is not enough to cover the expenditure, the missing part will be paid by the state budget estimates assigned to the agencies in charge of asset disposal or handling.

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Article 26. Road infrastructure asset report

1. The road infrastructure assets must be declared and updated in the database of road infrastructure assets for consolidated management.

2. Methods of road infrastructure asset declaration:

a) First declaration shall be made with respect to the road infrastructure assets existing at the time when this Decree comes into force (other than assets that have been declared for the first time as specified in Decree No. 10/2013/ND-CP dated January 11, 2013 of the Government on management, use and operation of road infrastructure assets);

b) Supplementary declaration shall be made with respect to the road infrastructure constructed or changed regarding asset information, asset management or use agencies or units after this Decree comes into force.

3. The asset management agencies shall prepare the asset declaration following Form 02 specified in the Appendix issued together with this Decree and request the Ministry of Transport (with respect to assets under national management), the provincial People’s Committees (with respect to assets under local management) to countersign and add to the database of road infrastructure assets. The deadline for submission of asset declaration is 30 days from the date on which the assets are received according to the decision to assign the asset management of the competent agencies, individuals or there are changes relating the management agencies, declared assets.

4. Annually, the asset management agencies shall report on the management and use of the road infrastructure assets (including the money obtained from the disposal, handling and operation of the road infrastructure assets) of the previous year and make irregular report at the request of the competent authorities.

5. Contents of the report on management, use and operation of road infrastructure assets:

a) Asset management report following Form No. 03 specified in the Appendix issued together with this Decree;

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c) Asset operation report following Form No. 05 specified in the Appendix issued together with this Decree.

6. The deadline for the submission of the annual report on management, use and operation of road infrastructure assets is as follows:

a) The asset management agencies in central government must immediately report on the management, use and operation of asset under national management and send to the Ministry of Transport before January 31;

b) The asset management agencies in local government must immediately report on the management, use and operation of asset under local management and send to the provincial People’s Committees before January 31;

c) The provincial People’s Committees shall prepare the report on the local asset management, use and operation and send to the Ministry of Transport before February 28;

d) The Ministry of Transport shall consolidate and prepare the central asset management, use and operation report and send to the Ministry of Finance before March 15;

dd) The Ministry of Finance shall prepare the national asset management, use and operation report and send to the Government to report to the National Assembly at the request and implementation of national asset publicizing.

Article 27. Road infrastructure asset database

1. The road infrastructure asset database is a part of the national public asset database, consistently constructed and managed in the country; the information in the road infrastructure asset database provided by the competent agencies or individuals shall have its legitimacy such as written documents.

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a) The conformance with the general structure of the Vietnam e-Government, satisfy the national database technical standards, the information technology technical standards and regulations, the information safety, security, and economic and technical norms;

b) The compatibility, the ability to integrate and connect to the national public asset database; the ability to share information and expand data fields in system, software and application design.

3. The Ministry of Transport, the provincial People’s Committees shall direct the asset management agencies to declare, add information to the road infrastructure asset database as per law.

Chapter III

IMPLEMENTATION

Article 28. Responsibility for implementation

1.The Ministry of Transport shall have the responsibilities to:

a) Within 12 months from the date this Decree comes into force, the Ministry of Transport and the provincial People’s Committees must direct the asset management agencies specified in Clause 2 Article 2 of this Decree to cooperate with relevant agencies and organizations to examine and categorize the existing assets to implement the management, use and operation of road infrastructure assets as specified in this Decree.

During the examining, categorizing, preparing and approving the methods for assigning the management of road infrastructure assets, the Ministry of Transport and the provincial People’s Committees must direct the relevant agencies and organizations to implement the asset management and use according to public asset management and use laws, road traffic laws and relevant law provisions, to ensure safety and coherent road traffic;

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c) take charge and cooperate with the Ministry of Finance to administer the inflation factor to determine the maintenance expenditure of the road infrastructure assets with respect to the maintenance methods of implementation quality;

d) direct, and provide guidelines on the establishment of the list of road infrastructure assets serving the accounting, calculation of the depreciation, report and development of asset database;

dd) report on the management, use and operation state of road infrastructure assets according to public asset management and use laws and at the request of the competent agencies or individuals;

e) cooperate with the Ministry of Finance to develop the database of the national road infrastructure assets to integrate with the national public asset database;

g) cooperate with the Ministry of Finance to determine the starting price of bidding for operating right of road infrastructure assets in the form of lease or temporary transfer of asset operating right;

h) perform other tasks and obligations specified in this Decree.

2. The Ministry of Finance shall have the responsibilities to:

a) regulate the road infrastructure asset accounting;

b) regulate the road infrastructure asset management and calculation of depreciation;

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d) take charge and cooperate with the Ministry of Transport to develop the database of the national road infrastructure assets and provide guidelines on the integration with the national public asset database;

dd) perform other tasks and obligations specified in this Decree.

3. The responsibilities of the provincial People’s Committees:

a) direct, examine, categorize, compile files and asset account as specified in this Decree and relevant law provisions;

d) direct and examine the management, use and operation of the road infrastructure assets under local management as specified in this Decree and relevant law provisions;

c) direct the login, normalize the database of road infrastructure assets under local management; report the assets management, use and operation state as specified in this Decree;

d) perform other tasks and obligations specified in this Decree.

4. Relevant ministries, central government authorities and provincial People’s Committees shall have the responsibilities to cooperate with the Ministry of Transport and Ministry of Finance in the management, use and operation of the road infrastructure assets as specified in this Decree.

Article 29. Transition

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2. With respect to the road infrastructure assets which exist before this Decree comes into force but have not been evaluated to record in the asset accounting ledger according to Decree No. 10/2013/ND-CP dated January 11, 2013 of the Government and guiding documents, complete the asset value determination according to corresponding regulations and law in 06 months from the date on which this Decree comes into force; the unfinished affairs regarding accounting, calculation of asset depreciation shall follow regulations specified in this Decree.

3. With respect to the road infrastructure assets decided to be disposed or handled by the competent agencies or individuals before this Decree comes into force, continue to comply with the signed decisions; the unfinished affairs until the date on which this Decree comes into force regarding the management and use of the money obtained from the asset disposal or handling shall follow regulations specified in this Decree.

Article 30. Entry into force

1. This Decree comes into force from June 17, 2019.

2. Annul Decree No. 10/2013/ND-CP dated January 11, 2013 of the Government on management, use and operation of road infrastructure assets.

3. Relevant ministers, heads of ministerial agencies, heads of Governmental agencies, Chairmen of the provincial People’s Committees and heads of agencies are responsible for the implementation of this Decree./.

 

 

PP. THE GOVERNMENT
THE PRIME MINISTER




Nguyen Xuan Phuc

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APPENDIX

(Issued together with Decree No. 33/2019/ND-CP dated April 23, 2019 of the Government)

Form 01

Transfer, reception record of road infrastructure assets

Form 02

Declaration of road infrastructure assets

Form 03

Report on management of road infrastructure assets

Form 04

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Form 05

Report on operation of road infrastructure assets

Form 06

List of road infrastructure asset requested for disposal/handling

Form 07

Scheme for operating the road infrastructure assets

 

Form 01

SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom - Happiness
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Pursuant to Decree No.      /2019/ND-CP dated ……………., 2019 of the Government on management, use and operation of road infrastructure assets;

Pursuant to Decree No. ………………. Dated ………………………… of …………………........... on............................................................... (1);

Today, (location and date) ………………………………………….., the transfer and reception of road infrastructure assets shall be performed as follows:

I. Transfer and reception compositions

1. Transferor representative:

Mr/Mrs: …………………………………………………………… Title: …………………………..

Mr/Mrs: …………………………………………………………… Title: …………………………..

2. Receiver representative:

Mr/Mrs: …………………………………………………………… Title: …………………………..

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3. Witnessing body representative (if any):

Mr/Mrs: …………………………………………………………… Title: …………………………..

Mr/Mrs: …………………………………………………………… Title: …………………………..

II. TRANSFER and reception contents

1. The list of assets to be transferred and received (2):

No.

Asset name (Specify according to each asset type under management)

Unit

Quantity/weight

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Land area (m2)
(2)

Floor area (m2)
(3)

Costs
(thousand VND)
(4)

Residual value
(thousand VND)

Asset state
(5)

Note

1

2

3

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5

6

7

8

9

10

11

 

Total (I + II + …)

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I

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Road and auxiliary works thereof

 

 

 

 

 

 

 

 

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2

Road bridges and auxiliary works thereof

 

 

 

 

 

 

 

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....

 

 

 

 

 

 

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II

Road B name

 

 

 

 

 

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2. Documents relating the management and use of the transferred, received assets:………………………………….          

3.  Responsibilities of the transferor and the receiver:

a) Responsibilities of the transferred: ……………………………………………………………..

b) Responsibilities of the receiver: ……………………………………………………………..

4. Remarks of the individuals participating in the transfer, reception: ……………………………………………..

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Transferrer representative
(Signature, full name and stamp)

Receiver representative
(Signature, full name and stamp)

 

Witnessing body representative (if any)
(Signature and full name)

Note:

(1) Specify the number, date and excerpt from Decision of the competent authorities on asset assignment/asset recall/asset reassignment/asset used to participate in the investment following the Public - Private partnership model.

(2) The area of land declared in the column 6 (not applicable to assets that are road) shall be the area specified in the decision to assign land, lease land or documents issued by the competent authorities or actual managed, used land area.

(3) The floor area declared in column 7 is applicable to assets that are houses built on land.

(4) The costs and residual value respectively specified in column 8 and 9 shall be determined according to Clause 3 Article 8 of Decree No. ……/2019/ND-CP dated ……………………………., 2019 of the Government.

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Form 02

Ministry of Transport/People’s Committee…
Name of the asset management agency

DECLARATION OF ROAD INFRASTRUCTURE ASSETS

I. Declaration contents: First declaration/Supplementary declaration

II. Asset declaration:

No.

List of assets

Unit

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Year of construction

Year of use

Area (m2)

Costs
(thousand VND)

 

Residual value
(thousand VND)

Asset state

 

Note

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Land area

Floor area

 

 

 

1

2

3

4

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6

7

8

9

10

11

12

 

Total amount

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Road A name

 

 

 

 

 

 

 

 

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1

Road and auxiliary works thereof

 

 

 

 

 

 

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2

Road bridges and auxiliary works thereof

 

 

 

 

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II

Road B name

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Note:

- The land area declared in column 7 (not applicable to assets that are roads) shall be the area specified in the decision to assign land, lease land or documents issued by the competent authorities or actual managed, used land area.

- The floor area declared in column 8 is applicable to assets that are houses built on land.

- The costs and residual value specified in column 9 and 10 respectively shall be determined according to Clause 3 Article 8 of Decree No. ……/2019/ND-CP dated ……………………………., 2019 of the Government and guidelines of the Ministry of Finance.

 

(Location and date).....................................
Confirmation of the Ministry of Transport/People’s Committee
(Signature, full name and stamp)

(Location and date)…………………………………….
Heads of asset management agency
(
Signature, full name and stamp)

 

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MINISTRY OF TRANSPORT/PEOPLE’S COMMITTEE…
NAME OF THE ASSET MANAGEMENT AGENCY

REPORT ON MANAGEMENT, USE AND OPERATION OF ROAD INFRASTRUCTURE ASSETS

Date of report: .........

No.

List of assets

Unit

Quantity

Year of construction

Year of use

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Costs
(thousand VND)
 

Residual value
(thousand VND)

Asset state

 

Note

 

Land area

Floor area

 

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1

2

3

4

5

6

7

8

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10

11

12

 

TOTAL AMOUNT

 

 

 

 

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I

Road A name

 

 

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1

Road and auxiliary works thereof

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Road bridges and auxiliary works thereof

 

 

 

 

 

 

 

 

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II

Road B name

 

 

 

 

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Note:

- The land area declared in column 7 (not applicable to assets that are roads) shall be the area specified in the decision to assign land, lease land or documents issued by the competent authorities or actual managed, used land area.

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- The costs and residual value specified in column 9 and 10 respectively shall be determined according to Clause 3 Article 8 of Decree No. ……/2019/ND-CP dated ……………………………., 2019 of the Government and guidelines of the Ministry of Finance.

- The asset state specified in column 11 should be written: using, out of order.

 

(Location and date)................................
CONFIRMATION OF THE MINISTRY OF TRANSPORT/PEOPLE’S COMMITTEE

(Signature, full name and stamp)

(Location and date)…………………………………….
HEADS OF ASSET MANAGEMENT AGENCY
(Signature, full name and stamp)

 

Form 04

MINISTRY OF TRANSPORT/PEOPLE’S COMMITTEE…
NAME OF THE ASSET MANAGEMENT AGENCY

REPORT ON DISPOSAL/HANDLING OF ROAD INFRASTRUCTURE ASSETS

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No.

List of assets

Unit

Quantity

Year of construction

Year of use

Area (m2)

Costs
(thousand VND)
 

Residual value
(thousand VND)

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Manage the money submitted to temporary accounts, use the money obtained from asset disposal/handling

Note

 

Land area

Floor area

 

Total obtained amount

Relevant expenditure

Remaining money in the temporary accounts

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1

2

3

4

5

6

7

8

...

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10

11

12

13

14

15

 

TOTAL AMOUNT

 

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...

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I

Road A name

 

 

 

 

 

 

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1

Road and auxiliary works thereof

 

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...

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2

Road bridges and auxiliary works thereof

 

 

 

 

 

 

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....

 

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...

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II

Road B name

 

 

 

 

 

 

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Note:

- The land area declared in column 7 (not applicable to assets that are roads) shall be the area specified in the decision to assign land, lease land or documents issued by the competent authorities or actual managed, used land area.

- The floor area declared in column 8 is applicable to assets that are houses built on land.

- The costs and residual value specified in column 9 and 10 respectively shall be determined according to Clause 3 Article 8 of Decree No. ……/2019/ND-CP dated ……………………………., 2019 of the Government and guidelines of the Ministry of Finance.

- The disposal/handling methods specified in column 11 should follow the methods specified in Article 18 of Decree No. ……/2019/ND-CP dated ..............................., 2019 of the Government.

 

 

(Location and date)………………………….
HEADS OF ASSET MANAGEMENT AGENCY
(Signature, full name and stamp)

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Form 05

MINISTRY OF TRANSPORT/PEOPLE’S COMMITTEE…
NAME OF THE ASSET MANAGEMENT AGENCY

REPORT ON OPERATION OF ROAD INFRASTRUCTURE ASSETS

Date of report: .........

No.

List of assets

Unit

Quantity

Area (m2)

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Residual value
(thousand VND)

 

Operation duration

 

Enterprise in charge of operation
(according to the signed agreement)

Management of the money submitted to temporary accounts, use of the money obtained from asset operation

(thousand VND)

Amount of allocated money for project implementation

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Note

 

Land area

Floor area

 

 

Total obtained amount

Relevant expenditure

Remaining money in the temporary accounts

...

...

...

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1

2

3

4

5

6

7

...

...

...

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9

10

11

12

13

14

15

 

TOTAL AMOUNT

...

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...

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A

Asset directly operated by management agency

 

 

 

 

 

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I

Road A name

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1

Road and auxiliary works thereof

 

 

 

 

 

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...

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2

Road bridges and auxiliary works thereof

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...

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...

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...

 

 

 

 

 

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II

Road B name

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...

 

 

 

 

 

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B

Asset whose operation is for lease

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I

Bus station A

 

 

 

 

 

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...

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II

Parking lot A

 

 

 

 

 

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...

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C

Asset whose operating right is temporarily transferred

 

 

 

 

 

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I

Road A name

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II

Road B name

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...

 

 

 

 

 

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Note:

- The land area declared in column 5 (not applicable to assets that are roads) shall be the area specified in the decision to assign land, lease land or documents issued by the competent authorities or actual managed, used land area.

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- The costs and residual value specified in column 7 and 8 respectively shall be determined according to Clause 3 Article 8 of Decree No. ……/2019/ND-CP dated ……………………………., 2019 of the Government and guidelines of the Ministry of Finance.

- The money prioritized for the project implementation shall follow the scheme approved by the competent authority and must be written in the column specifying the documents that approve the project.

 

 

(Location and date)…………………………….
HEADS OF ASSET MANAGEMENT AGENCY
(Signature, full name and stamp)

 

Form 06

MINISTRY OF TRANSPORT/PEOPLE’S COMMITTEE…
NAME OF THE ASSET MANAGEMENT AGENCY

LIST OF ROAD INFRASTRUCTURE ASSET REQUESTED FOR DISPOSAL/HANDLING

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No.

List of assets

Unit

Quantity

Year of construction

Year of use

Area (m2)

Costs
(thousand VND)

Residual value
(thousand VND)

...

...

...

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Disposal/Handling methods (disposal/reassignment) 

Note

 

Land area

Floor area

 

 

 

...

...

...

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1

2

3

4

5

6

7

8

9

...

...

...

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11

12

13

 

TOTAL AMOUNT

 

 

 

 

...

...

...

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I

Road A name

 

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...

...

...

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Road and auxiliary works thereof

 

 

 

 

 

 

 

 

...

...

...

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2

Road bridges and auxiliary works thereof

 

 

 

 

 

...

...

...

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...

 

 

...

...

...

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II

...

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...

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...

...

...

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Note:

- The land area declared in column 7 (not applicable to assets that are roads) shall be the area specified in the decision to assign land, lease land or documents issued by the competent authorities or actual managed, used land area.

- The floor area declared in column 8 is applicable to assets that are houses built on land.

- The costs and residual value specified in column 9 and 10 respectively shall be determined according to Clause 3 Article 8 of Decree No. ……/2019/ND-CP dated ……………………………., 2019 of the Government and guidelines of the Ministry of Finance.

- The asset state specified in column 11 should be written: using, out of order.

 


Record maker
(Signature and full name)

(Location and date)……………………………….
HEADS OF ASSET MANAGEMENT AGENCY
(Signature, full name and stamp)

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Form 07

MINISTRY OF TRANSPORT/PEOPLE’S COMMITTEE…
NAME OF THE ASSET MANAGEMENT AGENCY
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SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom - Happiness
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No.   /....-DA

(Location and date)

 

SCHEME

FOR OPERATING ROAD INFRASTRUCTURE ASSETS

Operating methods: ……….(1)

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1. Legal base

- The Law on Management and Use of Public Property in 2017;

- The Law on Road Traffic in 2008;

- Decree No.      /2019/ND-CP dated ……………., 2019 of the Government on management, use and operation of road infrastructure assets;

- Other documents relating the management, use and operation of road traffic infrastructure assets.

2. Practical base

2.1. Functions and tasks of the asset management agency.

2.3. Organizational structure of the asset management agency.

2.3. Results of the task implementation of the asset management agency in the last 3 years and development for the following years.

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1. The management and use facts of the road infrastructure assets

1.1. The management and use facts of the road infrastructure assets

a) Overview on the road infrastructure assets;

b) The management and use facts of the road infrastructure assets.

1.2. Asset operation facts: Describe the asset operation facts and the revenues generated from each operation methods: direct operation, lease of asset operating right, temporary transfer of the operating right and other operation methods (if any).

2. Propose plans for operating the road infrastructure assets (2)

2.1. Asset operation plans

a) The list of assets requested to be operated: asset name, quantity, costs, residual value, asset state; operation methods (direct operation/lease of asset operating right/temporary transfer of operating right); asset operation duration;

With respect to asset operation in the form of temporary transfer of operating right, the project to invest, upgrade and expand the existing assets shall be approved by the competent authorities.

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2.2. General assessment of other operation methods

a) Estimate the results of the road infrastructure asset operation: sources of revenues and expenditure relating the asset operation (which should specify the basis and methods of determining sources of revenues and expenditure; basis and methods of determining the price for lease of asset operating right, temporary transfer of the asset operating right in the event of lease of asset operating right, temporary transfer of asset operating right);

b) Estimate the amount of money submitted to the State budget;

c) Estimate the amount of money prioritized for capital allocation from the money submitted to the State budget (from asset operation) in the public investment plan, estimate the expenditure of State budget to invest in construction, upgrade, improvement and development of the road infrastructure assets.

III. Suggestion and propositions for project implementation

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HEADS OF ASSET MANAGEMENT AGENCY
(Signature, full name and stamp)

Note:

(1) Each scheme will be made for 01 methods of road infrastructure asset operation specified in Decree No. ..../2019/ND-CP dated …………………, 2019 of the Government.

(2) The report contents shall provide explanation for the proposed operation methods.

 

 

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