Nghị định 12/2025/NĐ-CP quản lý sử dụng khai thác tài sản kết cấu hạ tầng đường thủy nội địa

• Số hiệu: 12/2025/ND-CP
• Loại văn bản: Nghị định
• Nơi ban hành: Chính phủ
• Người ký: Trần Hồng Hà
• Ngày ban hành: 20/01/2025

THE GOVERNMENT OF VIETNAM --------	THE SOCIALIST REPUBLIC OF VIETNAM Independence – Freedom – Happiness ---------------
No: 12/2025/ND-CP	Hanoi, January 20, 2025

DECREE

ON MANAGEMENT, USE AND OPERATION OF INLAND WATERWAY INFRASTRUCTURE ASSET

Pursuant to the Law on Government Organization dated June 19, 2015; the Law on amendment to the Law on Government Organization and the Law on Local Government Organization dated November 22, 2019;

Pursuant to the Law on Management and Use of Public property dated June 21, 2017; Law on amendments to Law on Securities, Law on Accounting, Law on Independent Audit, Law on State Budget, Law on Management and Use of Public property, Law on Tax Administration, Law on Personal Income Tax, Law on National Reserves, and Law on Penalties for Administrative Violations dated November 29, 2024;

Pursuant to the Law on inland waterway traffic dated June 15, 2004; the Law on amendment to the Law on inland waterway traffic dated June 17, 2014;

At the request of the Minister of Finance;

The Government issues a Decree on management, use and operation of inland waterway infrastructure asset.

Chapter I

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Article 1. Scope

1. This decree provides for management, use and operation of inland waterway infrastructure assets invested and managed by the State.

2. This Decree shall not apply to:

a) Inland waterway infrastructure asset assigned to enterprises in the form of state investment in enterprises. The management, use, operation and reporting on inland waterway infrastructure assets assigned to enterprises in the form of state investment in enterprises shall comply with laws on management and use of state capital invested in the enterprise’s manufacturing and business activities, laws on inland waterway traffic and other relevant laws.

b) Inland waterway infrastructure assets at units of the people's armed forces. The management, use, and operation of inland waterway infrastructure assets at units of the people's armed forces shall comply with laws on management and use of public property at units of the people's armed forces, laws on inland waterway traffic and other relevant laws.

c) Inland waterway infrastructure assets managed by other entities (other than those specified in Clause 3 of Article 2 hereof and Points a and b of this Clause) and inland waterway infrastructure assets invested in and managed by the State but sold, transferred, and included in the enterprise value upon equitization. The management, use, and operation of inland waterway infrastructure assets in this case shall comply with laws on inland waterway traffic and other relevant laws.

Article 2. Regulated entities

1. State inland waterway traffic regulatory authority.

2. Inland waterway management authorities, including:

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a) Provincial inland waterway management authorities are relevant authorities under the People's Committees of provinces or centrally affiliated cities (hereinafter referred to as the provincial People's Committees) that perform the function of advising and assisting the provincial People's Committees in state management of inland waterway traffic.

c) The district-level inland waterway management authorities are specialized agencies under the People's Committees of districts, provincial cities, or municipal cities (hereinafter referred to as the district-level People's Committees) performing the function of advising and assisting the district-level People's Committees in state management of inland waterway traffic.

3. The authorities assigned to manage inland waterway infrastructure assets (hereinafter referred to as the “infrastructure management authorities”) include:

a) Central infrastructure management authorities are those specified in Point a of Clause 2 of this Article.

b) Provincial infrastructure management authorities are those specified in Point b of Clause 2 of this Article.

c) District-level infrastructure management authorities are those specified in Point c of Clause 2 of this Article.

4. Organizations and units directly perform accounting, management, record keeping, maintenance, reporting, declaration, and information entry into the database on inland waterway infrastructure assets and other contents according to the decentralization, authorization, and assignment of the infrastructure management authority as prescribed in Clause 2 of Article 5 of this Decree.

5. Organizations and enterprises leasing transfers operate or receiving fixed-term transfers of rights to operate inland waterway infrastructure assets in accordance with this Decree.

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

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1. Inland waterway infrastructure asset is inland waterway infrastructure as prescribed in law on inland waterway traffic and land and water areas (if any) associated with inland waterway infrastructure.

2. Inland waterway infrastructure assets associated with national defense and security is determined as follows:

a) Inland waterway infrastructure assets associated with national defense is determined according to the provisions of law on management and protection of national defense works and military zones.

b) Inland waterway infrastructure asset associated with national security is determined in accordance with laws on protection of national security-related important works.

Article 4. Rules for management, use, and operation of inland waterway infrastructure assets

The management, use, and operation of inland waterway infrastructure assets must comply with rules specified in the Law on management, use of public property, Land Law, and the following rules:

1. Inland waterway infrastructure assets are fully statistically reported, accounted for in kind and value; the asset depreciation calculation and construction maintenance are implemented in accordance with law.

2. The operation of inland waterway infrastructure assets by leasing, transferring the asset operation right for a fixed term, is carried out for all or part of each inland waterway infrastructure asset. In case of operating a part of each asset, it is necessary to ensure smooth and safe inland waterway traffic activities and not affect the management, use and operation of the remaining part of the asset.

3. The decision to assign, operate and dispose of inland waterway infrastructure assets that (i) are related to national defense must obtain the opinion of the Ministry of National Defense; (ii) are related to national security must obtain the opinion of the Ministry of Public Security; (iii) are not related to national defense and security shall be determined by the Ministry of Transport, the provincial People's Committee, the inland waterway regulatory authority, and the infrastructure management authority in the application submitted to the competent authority/person for decision.

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5. The management, use, and operation of inland waterway infrastructure assets shall be supervised, inspected, and audited in accordance with applicable regulations; any violations of the law on the management, use, and operation of inland waterway infrastructure assets shall be promptly and strictly handled in accordance with law.

6. The management and use of land and water surface associated with inland waterway infrastructure assets shall comply with laws on land, the laws on inland waterway traffic, and other relevant laws. The transfer, sale, donation, capital contribution, and mortgage of rights to use land associated with inland waterway infrastructure works and the right to use sea areas associated with inland waterway infrastructure works are not allowed. In case of appropriation of land associated with inland waterway infrastructure works in accordance with laws on land, the appropriation of land associated with assets, compensation, support, resettlement and the handling of land and assets attached to land after appropriation shall comply with laws on land not this Decree.

The use of land funds to create capital for the development of inland waterway infrastructure assets shall comply with laws on land.

Chapter II

ASSIGNMENT OF MANAGEMENT OF INLAND WATERWAY INFRASTRUCTURE ASSET

Article 5. Scope and forms of assignment of management of inland waterway infrastructure asset

1. Inland waterway infrastructure assets are assigned to the infrastructure management authorities specified in Clause 3, Article 2 hereof as follows:

a) Central infrastructure management authorities are assigned to manage inland waterway infrastructure assets under central management.

b) Local infrastructure management authorities (including: Provincial infrastructure management authorities; district-level infrastructure management authorities) are assigned to manage inland waterway infrastructure assets under local management.

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2. The assignment of inland waterway infrastructure assets to the authorities specified in Clause 1 of this Article shall be carried out in the form of asset increase recording.

After being assigned to manage the asset, the infrastructure management authority shall manage, use and operate the assigned inland waterway infrastructure asset in accordance with this Decree and relevant laws. In case (i) the central infrastructure management authority decentralizes or authorizes or assigns to affiliated administrative organizations (for assets under central management), (ii) the provincial inland waterway management authority decentralizes or authorizes or assigns to affiliated public service units (for asset under the management of the provincial inland waterway management authorities) to perform accounting, record management, record storage, maintenance, declaration, information entry into the Database on inland waterway infrastructure asset and other contents (if any), it must be approved in writing by the Ministry of Transport (for assets under central management), or the provincial People's Committee (for assets under local management) and there must be a document from the infrastructure management authority clearly stipulating the content of grant of power or authorization or assignment and internal procedures to ensure full implementation of tasks, powers and responsibilities as prescribed in this Decree.

3. The assignment of inland waterway infrastructure assets invested and managed by the State to infrastructure management authorities shall be applied to inland waterway infrastructure assets existing at the time this Decree takes effect but not yet having document specified the assignment to the agencies specified in Point a and Point b, Clause 1 of this Article for management.

4. For inland waterway infrastructure assets eligible for the established all-people ownership that is disposed of in the form of assignment or transfer to the agencies specified in Point a and Point b of Clause 1 of this Article for management, the authority and procedures for assignment and transfer of assets shall be implemented in accordance with the laws on the management and disposal of assets eligible for the established all-people ownership; it is not required to re-perform the asset handover procedures as prescribed in this Decree.

5. For inland waterway infrastructure assets that are the result of the implementation process of State-funded projects:

a) For investment projects approved by a competent authority or person, if the beneficiary of the asset resulting from the project implementation process is the infrastructure management authority specified in Point a, Point b of Clause 1 of this Article, after completing the investment, construction and procurement, the investor of the project, project owner, and project management board shall hand over the asset to the beneficiary (infrastructure management authority); it is not required to re-perform the asset handover procedures as prescribed in this Decree.

b) For investment projects approved by a competent authority or person, if the beneficiary of the asset resulting from the project implementation process is not the infrastructure management authority specified in Point a, Point b of Clause 1 of this Article:

If the beneficiary is a state agency, public service provider, agency of the Communist Party of Vietnam, the Vietnam Fatherland Front or a socio-political organization, after the beneficiary receives the asset, the asset shall be transferred from the beneficiary to the Ministry of Transport or the Provincial People's Committee to hand over the asset to the infrastructure management authority specified in Point a, Point b of Clause 1 of this Article; the transfer shall be carried out in accordance with Clause 6 of this Article;

If the beneficiary is not a state agency, public service provider, agency of the Communist Party of Vietnam, the Vietnam Fatherland Front or a socio-political organization, the beneficiary shall manage, use and operate the asset in accordance with the laws on inland waterway traffic and other relevant laws. If there is a need to transfer the asset to the infrastructure management authority specified in Point a, Point b of Clause 1 of this Article, Clause 6 of this Article shall apply.

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6. For inland waterway infrastructure assets managed by entities that are not authorities specified in Point a and Point b of Clause 1 of this Article for management, if the entities in charge of management wish to transfer the asset to the Ministry of Transport or the provincial People's Committees to hand it over to an infrastructure management authority specified in Point a and Point b of Clause 1 of this Article, the authority and procedures for transferring the asset shall comply with regulations of relevant laws; it is not required to re-perform the asset handover procedures as prescribed in this Decree.

In cases where relevant laws do not have provisions on the authority and procedures for asset transfer, authority and procedures specified in Clause 2 and Clause 3 of Article 20 hereof shall be carried out to decide and implement the asset transfer.

Article 6. Authority to decide assignment of inland waterway infrastructure asset

1. The Minister of Transport shall decide the assignment of their inland waterway infrastructure assets to the central infrastructure management authority.

2. Provincial People's Committees shall decide to assign their inland waterway infrastructure assets to local infrastructure management authorities.

Article 7. Procedures for handing over inland waterway infrastructure assets

1. The Ministry of Transport (for assets under central management) or the Provincial People’s Committees (for assets under local management) shall direct the review and statistics of inland waterway infrastructure assets managed or temporarily managed by agencies, organizations, and units under their management (including cases where assets are invested in the PPP form and transferred by investors to the State according to regulations without having to carry out procedures for establishing all-people ownership of assets); on that basis, the classification shall be carried out as follows:

a) Inland waterway infrastructure asset that has been assigned in writing by competent authorities and persons to the infrastructure management authorities specified in Point a and Point b, Clause 1 of Article 5 hereof for management.

b) Inland waterway infrastructure asset managed by infrastructure management authorities specified in Point a, Point b of Clause 1 of Article 5 hereof without written asset assignment decision from the competent authorities or persons.

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d) Inland waterway infrastructure assets assigned or temporarily assigned to the other entities that are not those specified in Point a, Point b of Clause 1, Article 5 hereof for management.

2. Based on the results of the review, statistics and classification of assets as prescribed in Clause 1 of this Article, the central inland waterway management authority (for assets under central management), the provincial inland waterway management authority (for assets under local management) shall take charge and prepare 01 application for the transfer of inland waterway infrastructure asset (except for asset specified in Point a of Clause 1 of this Article) to the infrastructure management authority specified in Point a, Point b of Clause 1 of Article 5 of this Decree, and report to the Ministry of Transport (for assets under central management), or the provincial People's Committee (for assets under local management). The application includes:

a) Application form from the central inland waterway management authority, the provincial inland waterway management authority for the transfer of assets: original copy.

b) Minutes of the inter-sectoral meeting or written opinions of: The agency, organization, unit currently managing or temporarily managing the asset and their superior managing authority (if any); relevant agencies, units of the Ministry of Transport (for assets under central management), relevant local agencies, units (for assets under local management); the agency expected to be assigned to manage the asset regarding the transfer: original copy.

c) List of assets proposed for transfer (name of the assets; address; year of putting into use; basic parameters (volume, length, ...); area; gross price; residual value (if any); condition of the assets) prepared by the central inland waterway management authority, provincial inland waterway management authority: original copy.

Legal documents on the asset (Decision on asset assignment, transfer, Minutes of asset handover, receipt or other papers, documents proving the rights to manage, use, temporarily manage the asset - if any): duplicate copy.

dd) Other relevant documents (if any): duplicate copy.

3. Within 30 days from the date of receiving the complete application specified in Clause 2 of this Article, the competent authority or person specified in Article 6 hereof shall consider and decide the assignment of inland waterway infrastructure asset under its authority or shall have a written response in case the request for assignment of asset is not appropriate.

4. The decision on assignment of inland waterway infrastructure assets shall include:

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b) List of assets to be transferred (name of the assets; address; year of putting into use; basic parameters (volume, length, etc.); area; gross price, residual value (if any); condition of the assets); agency, organization, unit currently managing or temporarily managing the asset.

c) Form of handing over the asset:

d) Implementation responsibility.

5. Pursuant to the Decision on handing over inland waterway infrastructure assets of the competent authority or person:

a) The infrastructure management authority shall manage, use, and operate the asset in accordance with the regulations of this Decree, the laws on inland waterway traffic, and other relevant laws for assets specified in Point b, Point c of Clause 1 of this Article; it is not required to hand over or receive assets as prescribed in Point b of this Clause.

b) The agency, organization or unit currently managing or temporarily managing the asset (the Transferor) shall hand over the assets to the infrastructure management authority (the Recipient) for asset specified in Point d of Clause 1 of this Article. The handover and receipt of the asset shall be recorded in a Minutes using Form No. 01 in the Appendix issued with this Decree. After receiving the asset, the infrastructure management authority shall manage, use and operate the asset in accordance with this Decree, the laws on inland waterway traffic and other relevant laws.

6. The budget for organizing the review, statistics, classification, and assignment of management of asset shall be allocated from the state budget in accordance with laws on the state budget.

Chapter III

MANAGEMENT, USE AND OPERATION OF INLAND WATERWAY INFRASTRUCTURE ASSET

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Article 8. Dossier on management of inland waterway infrastructure asset

1. The dossier on management of inland waterway infrastructure asset includes:

a) Records related to the formation and changes in inland waterway infrastructure asset as prescribed in this Decree and relevant laws; legal records on land and water surface associated with inland waterway infrastructure asset in cases where competent agencies and persons assign or lease land and water surface in accordance with laws on land (if any).

b) Declaration reports; reports on the management, use and operation of inland waterway infrastructure asset as prescribed in this Decree.

c) Data in the Database on inland waterway infrastructure assets as prescribed in this Decree.

2. The infrastructure management authority shall prepare, manage, and store dossiers on assets as prescribed for the dossiers prescribed in Clause 1 of this Article; report as prescribed in this Decree.

The responsibility for preparing, managing, and storing records related to investment in the construction, expansion, upgrade, and renovation of inland waterway infrastructure assets is carried out in accordance with the construction laws, laws on inland waterway traffic, and other relevant laws.

Article 9. Accounting of inland waterway infrastructure asset

1. Inland waterway infrastructure assets with independent structures or a system consisting of many separate assets linked together to perform one or several specific functions are an accounting subject.

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2. The infrastructure management authority shall:

a) Open books and perform accounting for inland waterway infrastructure assets (or general accounting based on detailed accounting of administrative organizations, units that are granted power or authorized or assigned to perform accounting work as prescribed in Clause 2, Article 5 of this Decree) in accordance with the laws on accounting and this Decree.

b) Report on the increase, decrease, and depreciation of inland waterway infrastructure assets in accordance with law.

3. The gross price and residual value of inland waterway infrastructure assets are determined according to the following rules:

a) For inland waterway infrastructure assets that have information on the gross price and residual value of the assets, the existing value shall be used to record in the accounting books.

b) For inland waterway infrastructure assets that are newly purchased or invested in, the gross price recorded in the accounting books is the purchase value and construction investment value approved by the competent authority or person for final statement according to applicable regulations.

In cases where the purchase and investment value is finalized for multiple properties and asset items (not separately for each asset or item), the gross price of each asset or item is allocated according to appropriate criteria (quantity, detailed estimate, proportion according to the market value of the corresponding asset, etc.).

In cases where the competent authority or person has not approved the final statement, the provisional gross price is used to record in the accounting books. The provisional gross price in this case shall be selected in the following order of priority: Final statement value for verification; amounts to be settled; value determined according to the A-B commissioning reports; total investment value or approved project estimate or most recently adjusted project estimate (in case the project estimate is adjusted).

When using the provisional gross price to record in accounting books, if the value of the purchase or investment according to the review of the final statements, the final statement  proposal, according to the A-B commissioning reports, or according to the total project investment, project estimate, is used as the common value for multiple properties, asset items (not separated for each asset, asset item), the provisional gross price of each asset, asset item shall be allocated according to appropriate criteria (quantity, detailed estimate, proportion according to the market value of the corresponding asset, etc.). In this case, when the competent authority or person approves the final statement, the infrastructure management authority shall adjust the provisional gross price according to the approved finalized value to adjust the accounting books and perform asset accounting according to applicable regulations.

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d) The inland waterway infrastructure assets without information to determine its value according to the provisions in Points a, b, and c of this Clause shall be disposed of as follows:

In case there is an equivalent inland waterway infrastructure asset (in terms of scale, technical level and time of putting into use) and its gross price and residual value are listed in the accounting books, the value of the equivalent asset shall be used to determine its value;

In case there is no equivalent inland waterway infrastructure asset or there is an equivalent inland waterway infrastructure asset, but the gross price and residual value of that asset have not been listed in the accounting books, the conventional price decided by the Minister of Transport shall be used as the gross price of the asset;

In case there is no equivalent inland waterway infrastructure asset or there is an equivalent inland waterway infrastructure asset, but the gross price and residual value of that asset have not been listed in the accounting books, and the conventional price cannot be applied, the infrastructure management authority shall hire a valuation enterprise to conduct the valuation of the price of the asset in accordance with laws on prices as a basis for determining the gross price of the asset. The use of valuation certificates and valuation reports of valuation enterprises shall be carried out in accordance with laws on prices. The cost of price determination shall be allocated from the state budget in accordance with laws on the state budget.

dd) For inland waterway infrastructure assets that are found to be in surplus during use, depending on their origin and time of putting into use, the value recorded in the accounting book is determined accordingly in accordance with points a, b, c, and d of this clause.

4. The gross price of inland waterway infrastructure asset shall be adjusted in the following cases:

a) Re-evaluating the value of inland waterway infrastructure assets when conducting inventory according to the Prime Minister's decision.

b) Upgrading and expanding inland waterway infrastructure assets according to projects approved by competent authorities and persons.

c) Dismantling one or several parts of inland waterway infrastructure asset (in case the value of the dismantled part is being accounted for in the original value of the asset), except for the case of dismantling for replacement during construction maintenance.

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dd) Losing a partial of the asset or being seriously damaged due to natural disasters, force majeure incidents or other unexpected impacts (except in cases where the asset is repaired according laws on inland waterway maintenance or restored through insurance, compensation for damages by relevant organizations and individuals).

5. The value of inland waterway infrastructure assets specified in this Decree shall be used for accounting, declaration to upload information into the Database on inland waterway infrastructure asset, and other purposes as prescribed in law.

6. Accounting, management, and depreciation calculation for inland waterway infrastructure assets shall be carried out in accordance with the regulations of the Minister of Finance.

Section 2. MAINTENANCE OF INLAND WATERWAY INFRASTRUCTURE WORKS AND MANAGEMENT AND OPERATION DURING UPGRADING, RENOVATION, AND EXPANSION OF ASSET

Article 10. Maintenance of inland waterway infrastructure works

1. Inland waterway infrastructure works must be maintained to ensure normal and safe operation when using and operating asset.

2. Forms of maintenance of inland waterway infrastructure works include maintenance based on performance quality and maintenance based on actual volume.

a) Maintenance based on performance quality is the maintenance activity according to specified quality standards, within a period of time with a certain amount of money specified in the Economic Contract. The form of maintenance based on performance quality is only applied to regular maintenance of inland waterway infrastructure works.

Criteria for monitoring and acceptance of maintenance results of inland waterway infrastructure works based on performance quality are prescribed by the Minister of Transport.

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c) The Minister of Transport (for assets under central management) or the Provincial People’s Committees (for assets under local management) shall decide or delegate the authority to decide the application of maintenance based on performance quality or maintenance based on the actual volume for regular maintenance.

3. Other contents on maintenance of inland waterway infrastructure works shall be implemented in accordance with laws on inland waterway traffic, laws on quality management and maintenance of construction works, and other relevant laws.

4. During the maintenance of inland waterway infrastructure works, any materials repossessed from the maintenance shall be disposed of in accordance with regulations on disposal of materials repossessed from asset liquidation specified herein.

5. For cases of lease, fixed-term transfer of the right to operate the inland waterway infrastructure asset, if the contract stipulates the responsibility of the lessee and the transferee of the asset operation right in maintaining the works, the lessee and the transferee shall perform the maintenance in accordance with the law and the signed contract using their own funds.

The disposal of materials repossessed (if any) in this case shall be carried out by the transferee and the lessee of the asset operation right in accordance with the regulations of relevant laws.

6. Maintenance of inland waterway infrastructure works in the form of dredging maintenance combined with product salvaging shall be carried out in accordance with the Government's regulations on the management of dredging activities in seaport waters and inland waterway waters.

Article 11. Asset management, operation during implementation of State-funded projects for the upgrade, renovation, expansion of inland waterway infrastructure assets approved by competent authority/person

1. For existing inland waterway infrastructure assets under State-funded projects for asset upgrade, renovation, and expansion approved by competent authority/person (including projects for construction, upgrade, renovation, and expansion of other assets but involving investment in existing inland waterway traffic infrastructure assets), the investment in asset upgrade, renovation, expansion shall be carried out in accordance with laws on state budget, laws on public investment, construction laws, laws on inland waterway traffic, and other relevant laws.

2. If the investor of the project is not the infrastructure management authority, based on the investment project approved by the competent authority/person:

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b) During the temporary handover of inland waterway infrastructure assets to the investor of the project, the infrastructure management authority is responsible for asset management and accounting; the investor of the project shall ensure smooth and safe traffic during the investment period, including maintenance of the asset in cases where the approved project has a budget for maintenance; in this case, no budget for maintenance shall be allocated to the infrastructure management authority during the period of the temporary handover.

c) After the project is completed and put into use, the investor of the project shall hand back the asset and the additional value of the asset from project execution in accordance with law to the infrastructure management authority for management, use, and operation of assets in accordance with this Decree and relevant laws, except for cases where the additional value is accounted for in the asset value as a result of the project.

Section 3. OPERATION OF INLAND WATERWAY INFRASTRUCTURE ASSET

Article 12. Methods and proceeds from the operation of inland waterway infrastructure assets

1. Operation methods:

a) The infrastructure management authorities directly organizing the operation of inland waterway infrastructure assets.

b) Lease of the right to operate the inland waterway infrastructure asset.

c) Fixed-term transfer of the right to operate the inland waterway infrastructure asset.

2. For methods specified in points b and c of clause 1 of this Article that require hiring consultants for preparing an Asset Operation Plan, the consulting fees for preparing the Plan shall be advanced from the recurrent expenditure budget of the infrastructure management authority and deducted from the proceeds obtained from asset operation. The consultancy to develop the Asset Operation Plan shall be selected in accordance with law.

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a) Fees and charges as prescribed by the laws on fees and charges.

b) Proceeds obtained from service charges for using inland waterway infrastructure assets and other related revenues from service provision as stipulated by the laws.

c) Proceeds from lease, fixed-term transfer of the right to operate the inland waterway infrastructure assets.

d) Other proceeds (if any) as stipulated by the laws.

4. During the management, use, and operation of inland waterway infrastructure assets, in cases of constructing, installing telecommunications works on inland waterway infrastructure assets, the construction and installation shall be carried out in accordance with the telecommunications law; it is not required to prepare, approve an operation scheme, and carry out asset operation as regulated herein; the proceeds from allowing construction, installation of telecommunications works on inland waterway infrastructure assets shall be managed and used in accordance with point b of clause 1 of Article 17 of this Decree.

5. In cases of transferring the right to operate, manage inland waterway infrastructure assets under an Operation - Management Contract (O&M), during the contract implementation period, the transfer of the right to operate, manage inland waterway infrastructure assets shall be carried out in accordance with the PPP laws; it is not required to prepare, approve an operation scheme, and carry out asset operation as regulated in this Decree.

Article 13. Operation of inland waterway infrastructure assets directly organized by infrastructure management authorities

1. The infrastructure management authority shall directly organize the operation of inland waterway infrastructure assets through the provision of inland waterway infrastructure asset services and other proceeds related to the service provision in accordance with law for organizations and individuals in accordance with laws on inland waterway traffic and relevant laws.

a) The infrastructure management authority shall directly organize the operation of inland waterway infrastructure assets in the following cases:

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b) Operation of inland waterway infrastructure assets not specified in Point a of this Clause that does not generate proceeds or generates proceeds but not from the lease, fixed-term transfer of the asset operation right.

2. Before asset operation in the case specified in Point a of Clause 1 of this Article, an Asset Operation Scheme must be prepared and submitted to the competent authority or person for approval as prescribed in Clause 3 of this Article. For asset operation in the case specified in Point b of Clause 1 of this Article, it is not required to prepare and approve an asset Operation Scheme.

3. The Scheme for operating inland waterway infrastructure assets shall be prepared and approved in accordance with Point a of Clause 1 of this Article.

a) The Prime Minister shall approve the Scheme for operation of inland waterway infrastructure assets associated with national defense and security.

b) For assets managed by the central infrastructure management authority:

The central infrastructure management authority shall prepare 01 application for approval of the Asset Operation Scheme and submit it to the Ministry of Transport. The application includes:

An application form from the infrastructure management authority for approval of the Scheme: original copy;

Asset Operation Scheme prepared by the infrastructure management authority using the Form 02A specified in the Appendix attached to this Decree: original copy;

Opinions of relevant agencies (if any): duplicate copy;

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c) For assets managed by the provincial infrastructure management authority:

Provincial infrastructure management authorities shall prepare 01 application for approval of the Asset Operation Scheme and submit it to Provincial People's Committees. The application includes:

An application form from the provincial infrastructure management authority for approval of the Scheme: original copy;

Asset Operation Scheme prepared by the provincial infrastructure management authority using the Form 02A specified in the Appendix attached to this Decree: original copy;

The form of summary, explanation, and receipt of opinions from relevant agencies (if any): original copy;

Opinions of relevant agencies (if any): duplicate copy;

Other relevant documents (if any): duplicate copy.

d) For assets managed by the district-level infrastructure management authority:

District-level infrastructure management authorities shall prepare an application for approval of the Scheme for operation of inland waterway infrastructure asset, report to the district-level People's Committees for reviewing, and submit to the provincial-level People's Committees. The application submitted to the provincial-level People's Committee includes:

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An application form from the district-level infrastructure management authority for approval of the Scheme: original copy;

Asset Operation Scheme prepared by the infrastructure management authority using the Form 02A specified in the Appendix attached to this Decree: original copy;

Opinions of relevant agencies (if any): duplicate copy;

Other relevant documents (if any): duplicate copy.

dd) Within 30 days from the date of receiving the complete application specified in Points b, c and d of this Clause, the Ministry of Transport (for assets under central management) or the Provincial People’s Committee (for assets under local management) shall collect opinions from relevant agencies and prepare and submit 01 application to the Prime Minister for review and approval of the Scheme. The application includes:

The application form from the Ministry of Transport (for assets under central management) or the Provincial People’s Committees (for assets under local management) for approval of the Scheme together with the draft Decision of the Prime Minister on the approval of the Scheme: original copy;

Asset Operation Scheme prepared by the infrastructure management authority using the Form 02A specified in the Appendix attached to this Decree after completion: original copy;

The form of summary, explanation, and receipt of opinions from relevant agencies (prepared by the Ministry of Transport, the Provincial People's Committee): original copy;

Opinions of relevant agencies (if any): duplicate copy;

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e) The main contents of the Decision on approval of the Asset Operation Scheme include:

Name of the infrastructure management authority.

b) List of assets to be operated (name of the assets; address; year of putting into use; basic parameters (volume, length, etc.); area; gross price, residual value (if any); condition of the assets);

Operation method: The infrastructure management authority shall directly organize the operation.

Asset operation duration (if any);

Powers, responsibilities of the inland waterway regulatory authority;

Rights, obligations of the inland waterway management authority;

Management and use of proceeds from asset operation;

Organization responsibility.

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5. The district-level infrastructure management authority shall directly organize the operation of inland waterway infrastructure assets:

a) Based on the actual situation in the local area, the district-level infrastructure management authority shall submit to the district-level People's Committee for submitting to the provincial-level People's Committee for reviewing and deciding on directly organizing the operation of inland waterway infrastructure assets by outsourcing tasks as prescribed in Point b, Point c of this Clause or directly organizing the operation as prescribed in Clause 3, Clause 4 of this Article.

b) The district-level infrastructure management authority shall outsource one or several tasks for contract execution in the process of using and operating the following asset to organizations, units, and individuals:

Asset operation;

Asset maintenance;

Collection of fees for using inland waterway infrastructure and other proceeds related to the service provision as prescribed in law;

Other tasks related to the use and operation of the asset.

c) The outsourcing of use and operation of inland waterway infrastructure assets as prescribed in Point b of this Clause shall be carried out as follows:

The head of the district-level infrastructure management authority shall decide the outsourcing of tasks and price unit for each task in the process of using and operating assets as prescribed in Point b of this Clause;

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d) The task outsourcing of the infrastructure management authority as prescribed in Point b and Point c of this Clause shall not apply to asset operation directly organized by the central infrastructure management authority or provincial infrastructure management authority.

6. During the operation of inland waterway infrastructure assets, the materials repossessed shall be disposed of in accordance with regulations on the disposal of materials repossessed from asset liquidation specified herein.

Article 14. Lease of the right to operate the inland waterway infrastructure asset

1. Lease of the right to operate the inland waterway infrastructure asset means the act of the State transferring the right to operate the inland waterway infrastructure asset to an organization under contract for a fixed term to receive a corresponding amount of money.

2. The scope of inland waterway infrastructure assets to be leased is the existing inland waterway infrastructure assets or part of them.

3. The right to operate the following inland waterway infrastructure assets shall not be leased:

a) Inland waterway infrastructure assets associated with national defense and security.

b) Inland waterway infrastructure assets, the operation of which does not generate proceeds.

c) Inland waterway infrastructure assets falling under the regulations of clause 1, clause 2 of Article 15 of this Decree.

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5. The authority to approve the Scheme for leasing the right to operate the inland waterway infrastructure asset:

a) The Minister of Transport shall approve the Scheme for leasing the right to operate the inland waterway infrastructure asset managed by the central infrastructure management authority.

b) The Provincial People's Council shall approve or grant power to approve the Scheme for leasing the right to operate the inland waterway infrastructure asset managed by the provincial infrastructure management authority, district-level infrastructure management authority.

6. Preparation, approval of the Scheme for leasing the right to operate the inland waterway infrastructure asset under the approval authority of the Minister of Transport:

a) The central infrastructure management authority shall prepare and submit 01 application for approval of the Scheme for leasing the right to operate the inland waterway infrastructure asset to the Ministry of Transport. The application includes:

An application form from the infrastructure management authority for approval of the Scheme: original copy;

Scheme for leasing the right to operate the inland waterway infrastructure asset prepared by the infrastructure management authority using the Form 02B specified in the Appendix attached to this Decree: original copy;

Opinions of relevant agencies (if any): duplicate copy;

Other relevant documents (if any): duplicate copy.

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7. Preparation, approval of the Scheme for leasing the right to operate the inland waterway infrastructure asset under the approval authority of the competent authority/person specified in Point b of Clause 5 of this Article:

a) For assets managed by the provincial infrastructure management authority:

The provincial infrastructure management authority shall prepare 01 application for approval of the Scheme for leasing the right to operate the inland waterway infrastructure asset and report to competent authority/person specified in point b of clause 5 of this Article. The application includes:

An application form from the provincial infrastructure management authority for approval of the Scheme: original copy;

Scheme for leasing the right to operate the inland waterway infrastructure asset prepared by the infrastructure management authority using the Form 02B specified in the Appendix attached to this Decree: original copy;

The form of summary, explanation, and receipt of opinions from relevant agencies (if any): original copy;

Opinions of relevant agencies (if any): duplicate copy;

Other relevant documents (if any): duplicate copy.

b) For assets managed by the district-level infrastructure management authority:

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An application from the district-level infrastructure management authority for approval of the Scheme: original copy;

Scheme for leasing the right to operate the inland waterway infrastructure asset prepared by the infrastructure management authority using the Form 02B specified in the Appendix attached to this Decree: original copy;

The form of summary, explanation, and receipt of opinions from relevant agencies (if any): original copy;

Opinions of relevant agencies (if any): duplicate copy;

Other relevant documents (if any): duplicate copy.                                                                                 

c) Within 30 days from the date of receiving the complete application specified in point a, point b of clause 5 of this Article, the competent authority/person specified in of clause 5 of this Article shall review and approve the Scheme for leasing the right to operate the inland waterway infrastructure asset, or shall have a written response in case the Scheme is not appropriate.

8. The main contents of the Decision on approval of the Scheme for leasing the asset operation right include:

a) Name of the infrastructure management authority.

b) List of assets to be leased out for operation (name of the assets; address; year of putting into use; basic parameters (volume, length, etc.); area; gross price, residual value (if any); condition of the assets);

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d) Method of lease of asset operation right: Auction.

dd) Conditions for organizations to participate in the auction for leasing the asset operation right.

e) Method of payment of rent of asset operation right (annual payment or lump-sum payment for the entire lease term).

g) The deadline for rent payment of asset operation right.

h) Management and use of proceeds from leasing the asset operation right;

i) Powers, responsibilities of the inland waterway management authority;

k) Rights, obligations of the management authority;

l) Organization responsibility.

9. Pursuant to the Decision approving the Scheme for leasing the right to operate the inland waterway infrastructure asset of the competent authority/person:

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The starting rent of the asset operation right for auctioning is the total amount of rent of asset operation right as regulated in Article 16 hereof for the entire lease term.

b) The infrastructure management authority shall organize the auction for leasing of the right in accordance with laws on asset auction; fully supervise the process of organizing the auction and performing rights, obligations of other individuals having asset auctioned in accordance with Law on Asset Auction.

c) In addition to the conditions stipulated in the laws on asset auctions (except for cases of leasing the right to operate the inland waterway infrastructure asset that is technical infrastructure works (such as power lines, cables, pipelines), advertising billboards, and other structures installed in the inland waterway infrastructure, and inland waterway safety corridors in accordance with the regulations of the laws on inland waterway traffic), organizations participating in the auction for leasing the asset operation right must also meet the following conditions:

Have functions, tasks, or business lines according to the Decision of establishment or Business registration certificate, Certificate of Enterprise Registration that are appropriate for managing, operating inland waterway infrastructure asset listed for leasing the right to operate.

Have the experience, capacity for management and operation of similar inland waterway works for a minimum of 02 years up to the time of submitting applications for participation in the auction;

Have financial capacity demonstrated through minimum pre-tax revenue and profit targets for the last 02 consecutive years according to the audited Financial statements (for organizations) or according to the appraised, approved Final Statements (for public service providers) as regulated. The infrastructure management authority shall determine specific pre-tax revenue and profit targets to include in the Scheme for leasing the asset operation right, which shall then be submitted to the competent authority/person for approval.

10. Conclusion of the lease contract of the right to operate the inland waterway infrastructure asset and attached appendix (if any). The lease contract of the right to operate the inland waterway infrastructure asset includes:

a) Information of the Lessor (infrastructure management authority).

b) Information of the Lessee (successful bidder).

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d) Lease term of asset operation right.

dd) Revenue from asset operation each year within the lease term in the starting price scheme for auction (hereinafter referred to as reconciliation revenue).

e) Rent.

g) Form and deadline for rent payment of asset operation right. Where:

In the case of leasing the right to operate with annual rent payments, payment must be made once a year no later than March 31 of the following year. The Lessee shall, pursuant to Article 1 of this Decree, determine and pay annual rent; in cases where the financial statement has not been audited (for organizations) or the budget statement has not been approved, appraised (for public service providers) at the time of annual rent payment as regulated, the Lessee shall make temporary payments based on the Lessee's final statement revenue; within 30 days from the date the financial statement is audited as regulated, the Lessee shall make additional payments (in case the temporary payment amount is less than the required amount), deducting any excess payment (in case the temporary payment amount is more than the required amount) from the next year's rent payment. If the term in the first and last year is not a full 12 months, the rent for the first and last years shall be calculated based on the number of months leased according to that year's contract; in the case of the end of the lease term without having the financial statement of the last year audited (for organizations) or the Final Statement approved, appraised (for public service providers) as regulated, the payable amount for the last year shall be based on the actual revenue determined by the Lessee and the Lessor but not less than the corresponding rent of the year before the last year.

In the case of lump-sum payment of rent of the asset operation right for the entire lease period, the rent shall be paid in up to 02 installments within 90 days from the contract conclusion date, where the 1^st installment, which is at least 50% of the rent, shall be paid within 30 days from the contract conclusion date; in case the rent is over VND 1.000 billion, payment may be made in up to 03 installments within 12 months from the date of signing the contract, where: the 1^st installment, which is at least 40% of the rent, shall be paid within 60 days from the date of signing the contract, and the 2^nd installment, which is at least 30% of the rent, within 120 days from the date of signing the contract.

h) The deposit amount for contract performance security (in addition to the rent as per the contract): The Lessee shall deposit the amount into a blocked account at a credit institution. The deadline for depositing into the blocked account is 15 days from the date the contract is signed. The deposit period shall correspond with the lease term of asset operation right. The deposit amount shall be 5% of the total rent for the entire lease term based on the hammer prices.

For cases of termination of the lease contract of the asset operation right where the Lessee has not fulfilled obligations (such as paying the rent, breaching the contract related to returning the asset to the Lessor), the deposit amount shall be used to offset the unfulfilled obligations of the Lessee, and any remaining amount shall be handled according to civil laws.

i) Responsibilities, technical requirements for maintenance of the inland waterway infrastructure works and other necessary contents related to maintenance.

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l) Handling cases where the actual revenue from operation significantly fluctuates compared to the reconciliation revenue in the case of leasing the asset operation right with a one-time rent payment for the entire lease period:

Annually, if the actual revenue from operating the leased asset (according to the audited Financial Statements (for organizations) or the approved, appraised Final Statements (for public service providers) as regulated) exceeds the reconciliation revenue by 125% or more, the Lessee must make an additional payment of 50% of the additional revenue above 125% into an escrow account as regulated in Article 2 of this Decree; wherein, the reconciliation revenue is the revenue from asset operation of the corresponding year of the lease term in the starting price scheme for auction;

The Lessor and the Lessee shall rely on the audited Financial Statements (for organizations) or the approved, appraised Final Statements (for public service providers) to determine the additional amount the Lessee must pay (if any) into the escrow account, based on which the Lessor shall inform the competent authority/person approving the Scheme for leasing the asset operation right as stipulated in clause 5 of this Article, the escrow account holder as regulated in point a of clause 2 of Article 17 of this Decree, and the Lessee for monitoring, collecting, transferring, and managing the amount. The time limit for determination, notification, and deposit into the escrow account is within 30 days from the date of receiving the notification from the Lessor, with the latest deadline being October 31 of the following year related to the year of additional revenue occurrence; particularly, in the final year, the payment must be made before the contract is finalized.

m) Conditions for contract termination.

n) Rights and obligations of the parties.

o) Handling of contract violations, resolution of contract disputes according to civil laws and related laws.

p) Handling of cases of state-funded projects for upgrades, renovations, or expansions of assets within the lease term approved by the competent authority/person.

The signed lease contract of the right to operate the inland waterway infrastructure asset and the attached appendices (if any) are sent to the escrow account holder as regulated in point a of clause 2 of Article 17 hereof for monitoring and managing the proceeds obtained from leasing the asset operation right.

11. Rights of the Lessee:

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b) Determine the method, measures for asset operation ensuring compliance with laws on inland waterway traffic operations and the signed contract.

c) Receive legal protection of rights and interests by the State; file complaints, initiate lawsuits in accordance with law if lawful rights and interests are infringed upon.

d) Collect inland waterway infrastructure asset service charges and other proceeds related to service provision according to law and the signed contract.

dd) Renovate, upgrade, add functions to the leased asset using Lessee's funds to serve management, operation purposes, if approved by the competent authority as stipulated in clause 5 of this Article. After the contract ends, the Lessee must return the asset in its original condition, including any work items that are upgraded, renovated, or added functions (if any), to the Lessor without reimbursement.

e) Other rights as stipulated by law and the signed contract.

12. Obligations of the Lessee:

a) Protect the leased asset (including land, water surface attached to the works, work items); prevent encroachment or illegal use of asset and other violations as per regulations.

In case a construction incident occurs, the Lessee shall promptly notify the Lessor to take measures in accordance with laws on inland waterway traffic and relevant laws.

b) Use and operate the asset for the right purpose and tasks of the asset; do not change the use purpose, transfer, sell, donate, contribute capital, mortgage the asset or as security for performance of other civil obligations.

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d) Pay the rent of the asset operation right (including any additional payments as per point l of clause 10 of this Article) in full, on time as stipulated; in case of late payment, the Lessee must pay a contractual penalty equivalent to the late payment amount determined by tax administration laws.

dd) Annually, report the revenue from operating the leased asset along with the audited Financial Statements as per regulations, to the Lessor.

e) Be put under inspection, supervision of the Lessor; resolve any arising issues with the Lessor (if any).

g) Return the asset at the end of the lease term and in cases as specified in clauses 17, 18 of this Article.

h) Periodically or unexpectedly, as per the contract requirements, inform the Lessor about the condition of the assets to ensure safe and smooth inland waterway traffic operations.

i) Fulfill other obligations as per the signed contract and the law.

13. The infrastructure management authority, the inland waterway management authority, shall inspect and supervise the implementation of the Scheme for leasing the right to operate the inland waterway infrastructure asset on a regular basis, fulfill obligations and responsibilities in accordance with law; promptly handle violations, issues that arise under their jurisdiction, or report to the competent authority for resolution as per the law.

14. Proceeds from leasing the right to operate the inland waterway infrastructure asset are managed, used as per the regulations in Article 17 of this Decree.

15. Upon the expiration of the lease term for the right to operate the inland waterway infrastructure asset according to the contract, the Lessee shall:

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b) Cooperate with the Lessor in conducting inventory, determining the condition of the assets; the inventory, determination of the condition of the assets must be documented.

c) Rectify any damages (if any) to the asset.

d) Cooperate with the Lessor in contract finalization as per regulations after rectifying any damages (if any) to the asset, completing the rent payment for the asset operation right (including any additional payments as specified in point 1 of clause 10 of this Article) for which the Lessee has provided written commitment that the asset is not under seizure or mortgage or used to fulfill other debt obligations.

dd) Return the asset to the Lessor.

e) Receive the specified deposit amount as per point h of clause 10 of this Article. If the Lessee has not completed the rent payment for the asset operation right at the end of the lease term, the deposit amount shall be used to offset the obligations of the Lessee, with any remaining amount handled as per civil laws.

16. Upon the expiration of the lease term for the right to operate the inland waterway infrastructure asset according to the contract, the Lessee shall:

a) Receive, manage, use, and operate the asset as per the regulations hereof from the moment the Lessee transfers back the asset operation right as per point a of clause 15 of this Article.

b) Perform asset maintenance as per the regulations hereof from the moment the Lessee transfers back the asset operation right as per point a of this clause (excluding the time when the Lessee rectifies asset damages as per regulations).

17. In case of force majeure or if the State repossesses land, water surface attached to inland waterway infrastructure asset for national defense, security, and socio-economic development purposes in the public interest according to land laws before the lease term expires according to the contract, the parties shall terminate the contract prematurely. The Lessee shall be refunded the corresponding amount for the remaining time (if any) of the paid rent according to the contract and the deposit amount as specified in point h of clause 10 of this Article; the Lessor shall take charge and cooperate with the Lessee in determining and submitting the refundable portion for the Lessee (if any) to the competent authority/person as stipulated in clause 5 of this Article for approval; the refund shall be allocated to the state budget recurrent expenditure estimate of the Lessor for implementation; the refund procedure shall be carried out as per state budget laws. Other contents shall follow the regulations of clauses 15, 16 of this Article.

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19. For State-funded projects for upgrades, renovations, or expansions of assets approved by the competent authority/person within the lease term, the infrastructure management authority shall implement regulations of state budget laws, public investment laws, inland waterway traffic laws, and related laws. The Lessee shall be refunded the corresponding amount for the rent paid according to the contract (or shall not have to pay annual rent) due to the absence of income during the asset upgrade, renovation, and expansion period, or have the contract time extended corresponding to the time required to hand over the asset to the infrastructure management authority for the upgrades, renovations, or expansions. The Lessor shall take charge and cooperate with the Lessee in the determination of the refundable portion to the Lessee (if any) or the extension of the corresponding contract term and submit to the authority or person with competence to approve the Scheme for leasing the asset operation right specified in Clause 5 of this Article for decision. The refund shall be allocated to the state budget recurrent expenditure estimate of the Lessor for implementation; the refund procedure shall be carried out as per state budget laws. Other contents shall follow the regulations of clauses 15, 16 of this Article.

Article 15. Fixed-term transfer of the right to operate the inland waterway infrastructure asset

1. Fixed-term transfer of the right to operate the inland waterway infrastructure asset is the case where the State transfers the asset operation right to an enterprise for a fixed term linked to investment in upgrading, expanding the existing inland waterway infrastructure asset as per projects approved by the competent authority/person to receive a corresponding amount as per the contract.

2. The scope of inland waterway infrastructure assets to be transfer is the existing inland waterway infrastructure assets or part of them under an investment project for asset upgrade and expansion approved by the competent authority/person.

3. The right to operate the inland waterway infrastructure asset that is associated with national defense and national security and that does not generate proceeds from operation is not eligible to be transferred for a fixed term.

4. The specific transfer term of the right to operate the inland waterway infrastructure asset is determined in each transfer contract, suitable for each inland waterway infrastructure asset (or part of the asset) approved by the competent authority/person as specified in clause 5 of this Article in the Decision approving the Scheme for fixed-term transfer of the asset operation right.

5. The authority to approve the Scheme for fixed-term transfer of the right to operate the inland waterway infrastructure asset:

a) The Minister of Transport shall approve the Scheme for fixed-term transfer of the right to operate the inland waterway infrastructure asset managed by the central infrastructure management authority.

b) The Provincial People's Council shall approve or grant power to approve Scheme for fixed-term transfer of the right to operate the inland waterway infrastructure asset managed by the provincial infrastructure management authority, district-level infrastructure management authority.

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7. The main contents of the Decision on approval of the Scheme for fixed-term transfer of the asset operation right include:

a) Name of the infrastructure management authority.

b) List of assets transferred for a fixed-term (name of the assets; address; year of putting into use; basic parameters (volume, length, etc.); area; gross price, residual value (if any); condition of the assets).

c) Basic content of the Project for investment in upgrading and expanding the asset approved by the competent authority/person.

d) Transfer term of asset operation right.

dd) Method of fixed-term transfer of the asset operation right: Auction.

e) Conditions for enterprises participating in the auction for the fixed-term transfer of the asset operation right.

g) Method, deadline for payment of the fixed-term transfer of the asset operation right.

h) Powers, responsibilities of the inland waterway regulatory authority;

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k) Management and use of proceeds from fixed-term transfer of the asset operation right;

i) Implementation.

8. Pursuant to the Decision approving the Scheme for fixed-term transfer of the right to operate the inland waterway infrastructure asset of the competent authority/person:

a) The infrastructure management authority shall determine the starting price for the fixed-term transfer of the asset operation right in accordance with Article 16 of this Decree.

b) The infrastructure management authority shall organize the auctions for fixed-term transfer of the asset operation right in accordance with laws on asset auction; fully supervise the process of organizing the auction and performing rights, obligations of other individuals having assets auctioned in accordance with Law on Asset Auction.

c) Enterprises participating in the auction for fixed-term transfer of the asset operation right must meet the conditions specified in laws on asset auction and the following conditions:

Engage in a business line stated on the Business registration certificate, Certificate of Enterprise Registration that is suitable for managing and operating the inland waterway infrastructure asset listed for the fixed-term transfer of the asset operation right.

Have the experience, capacity for management and operation of similar inland waterway works for a minimum of 02 years up to the time of submitting applications for participation in the auction.

Have financial capacity demonstrated through minimum pre-tax revenue and profit target for the last 02 consecutive years according to the audited Financial statements of the enterprise as prescribed. The infrastructure management authority shall determine specific pre-tax revenue and profit targets to include in the Scheme for fixed-term transfer of the asset operation right, which shall then be submitted to the competent authority/person for approval;

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9. Conclusion of the fixed-term transfer contract of the right to operate the inland waterway infrastructure asset and attached appendix (if any). The fixed-term transfer contract of the right to operate the inland waterway infrastructure asset includes:

a) Information of the Transferor (infrastructure management authority).

b) Information of the transferee (successful bidder).

c) List of assets transferred operation rights (name of the assets; address; year of putting into use; basic parameters (volume, length, etc.); area; gross price, residual value (if any); condition of the assets).

d) Transfer term.

d) Revenue from asset operation in the starting price scheme for auction (hereinafter referred to as reconciliation revenue).

e) Contract value (according to hammer prices).

g) Deadline for payment of the fixed-term transfer (transfer value) of the asset operation right.

The transfer price may be paid in up to 02 installments within 90 days from the date of signing the Contract, where: the 1^st installment, which is at least 50% of the price, shall be paid within 30 days from the date of signing the contract; in case the price is over VND 1.000 billion, payment may be made in up to 03 installments within 12 months from the date of signing the contract, where: the 1^st installment, which is at least 40% of the price, shall be paid within 60 days from the date of signing the contract, and the 2^nd installment, which is at least 30% of the price, within 120 days from the date of signing the contract.

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For cases of termination of the fixed-term transfer contract of the asset operation right where the Transferee has not fulfilled obligations (such as paying the transfer price, breaching the contract related to returning the asset to the Transferor), the deposit amount shall be used to offset the unfulfilled obligations of the Transferee mentioned above, and any remaining amount shall be handled according to civil laws.

i) Responsibilities for upgrading and expanding according to the approved project; maintenance technical requirements for the asset, and other necessary related maintenance.

k) Deadline for the Transferor to transfer the asset operation right to the Transferee; deadline for the Transferee to return the asset operation right to the Transferor.

l) Handling cases where the actual revenue from operation significantly fluctuates compared to the reconciliation revenue:

Annually, if the actual revenue from operating the asset whose right to operate is transferred (according to the audited Financial Statements) exceeds the reconciliation revenue by 125% or more, the Transferee must make an additional payment of 50% of the additional revenue above 125% into an escrow account as regulated in Article 2 of Article 17 of this Decree; wherein, the reconciliation revenue is the revenue from asset operation of the corresponding year of the lease term in the starting price scheme for auction;

The Transferor and Transferee shall rely on the audited Financial Statements to determine the additional amount that the Transferee must pay (if any) into the escrow account, based on which the transferor shall inform the competent authority/person approving the Scheme for fixed-term transfer of the asset operation right as stipulated in clause 5 of this Article, the escrow account holder as regulated in point a of clause 2 of Article 17 of this Decree, and the transferee for monitoring, collecting, transferring, and managing the amount. The time limit for determination, notification, and deposit into the escrow account is within 30 days from the date of receiving the notification from the Transferor, with the latest deadline being October 31 of the following year related to the year of additional revenue occurrence; particularly, in the final year, the payment must be made before the contract is settled.

m) Conditions for contract termination.

n) Rights and obligations of the parties.

o) Handling of contract breaches, resolution of contract disputes according to civil laws and other related laws.

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10. Rights of the Transferee:

a) Organize asset operation in accordance with laws and the signed contract.

b) Determine the method, measures for asset operation, ensuring compliance with laws on inland waterway traffic and the signed contract.

c) Receive legal protection of rights and interests by the State; file complaints, initiate lawsuits in accordance with law if lawful rights and interests are infringed upon.

d) Receive incentive policies, investment incentives according to laws on investment and relevant laws.

dd) Mortgage the asset invested by the Transferee and the asset operation right in the remaining time of the term according to civil laws and relevant laws.

e) Collect charges for inland waterway infrastructure asset services and other services related inland waterway infrastructure asset according to law and the signed contract.

g) Other rights as stipulated by law and the signed contract.

11. Obligations of the Transferee:

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In case a construction incident occurs, the Transferee shall promptly inform the Transferor to take measures in accordance with laws on inland waterway traffic and relevant laws.

b) Use and operate the asset for the right purpose and tasks of the work; do not change the use purpose, transfer, sell, donate, contribute capital using, mortgage the asset or use the asset transferred for a fixed term.

c) Invest in projects for upgrading and expanding assets approved by competent authorities and persons.

d) Perform the obligations prescribed in Points c, d, dd, e, g, h and I of Clause 12 of Article 14 of this Decree.

12. The infrastructure management authority, the inland waterway management authority, shall inspect and supervise the implementation of the Scheme for fixed-term transfer of the right to operate the inland waterway infrastructure asset approved by competent authority/person, execute rights and obligations in accordance with law; promptly handle violations, issues that arise under their jurisdiction, or report to the competent authority for resolution as per the law.

13. Proceeds from fixed-term transfers of the right to operate the inland waterway infrastructure assets are managed, used as per the regulations in Article 17 of this Decree.

14. At the end of the term of the transfer of the right to operate the asset under the contract:

a) The Transferee shall implement the regulations of Clause 15 of Article 14 of this Decree.

b) The Transferor shall implement the regulations of Clause 16 of Article 14 of this Decree.

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Based on the  investment progress of the project approved by the competent authority, the actual construction work that has been completed, and the transfer price already paid for the remaining time as per the contract, the transferee shall be refunded the corresponding amount for the remaining time (if any) as per the contract and the deposit amount as specified in point h of clause 9 of this Article; the Transferor shall take charge and cooperate with the Transferee in determining and presenting the refundable portion for the Transferee (if any) to the authority, person with competence to approve the Scheme for fixed-term transfer of the asset operation right as stipulated in clause 5 of this Article for approval; the refund shall be allocated to the state budget recurrent expenditure estimate of the Transferor for implementation; the refund procedure shall be carried out as per state budget laws. Other contents shall comply with the regulations of clause 14 of this Article.

16. Contract breaches, contract disputes shall be handled in accordance with the signed contract, civil laws, and relevant laws. For cases of early termination due to contract breaches, contract disputes, the termination procedures shall be carried out as stipulated in clause 14 of this Article.

Article 16. Rent, fixed-term transfer price of the right to operate the inland waterway infrastructure asset

1. The rent, fixed-term transfer price of the right to operate the inland waterway infrastructure asset, is the amount of money that the organization renting the asset operation right, the enterprise receiving the fixed-term transfer of the asset operation right, must pay to the State based on the hammer prices to obtain the asset operation right as per the signed contract. In the case of leasing the right to operate with annual rent payments, the rent for each year shall be determined as follows:

Rent of the asset operation right in year n

=

Rent ratio (%)

x

Actual revenue in year n

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Rent ratio (%)

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Total hammer prices

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100%

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Actual revenue in year n shall be determined in accordance with the audited Financial statements (for organizations) or according to the appraised, approved Final Statements (for public service providers) as regulated.

2. The starting price for auctioning the lease, the fixed-term transfer of the right to operate the inland waterway infrastructure asset, is the lowest initial price. Authorities, persons with competence to approve the Scheme for lease, fixed-term transfer of the right to operate the inland waterway infrastructure asset as stipulated in clause 5 of Article 14 and clause 5 of Article 15 hereof, are those with competence to approve the starting price for auctioning.

3. Grounds for determining the starting price for auctioning the lease of the right to operate the inland waterway infrastructure asset include:

a) Rent of the asset operation right on the market of assets of the same type or with the same technical standards, quality, and usability at the specified time (if any).

b) Estimated revenue, estimated costs from asset operation during the lease term.

c) Valuation certificates and valuation report of the valuation enterprises as regulated by price laws or the price determination results of the Valuation council as stipulated in clause 5 of this Article. The use of valuation certificates and valuation reports of valuation enterprises shall be carried out in accordance with laws on prices.

4. Grounds for determining the starting price for auctioning the fixed-term transfer of the right to operate the inland waterway infrastructure asset include:

a) Additional investment by project on upgrade, expansion of assets approved by the competent authority/person.

Wherein, the additional investment value is the part of the value that the enterprise receiving the fixed-term transfer of the asset operation right shall implement with its own funds according to the project approved by the competent authority/person.

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c) Valuation certificates and valuation report of the valuation enterprises as regulated by price laws or the price determination results of the Valuation council as stipulated in clause 5 of this Article. The use of valuation certificates and valuation reports of valuation enterprises shall be carried out in accordance with laws on prices.

5. Determination of the starting price for auctioning the lease, fixed-term transfer price of the right to operate the inland waterway infrastructure asset:

a) The infrastructure management authority shall hire a valuation enterprise for the valuation of the leased, fixed-term transferred asset operation right, or establish a Council for determination of rent, fixed-term transfer price of the asset operation right. The Valuation council includes: The head of the infrastructure management authority or the authorized person acting as the President; other members, including: Representatives of relevant specialized departments of the infrastructure management authority; representatives of the Department of Finance where the asset are located (for assets under central management, under provincial management); representatives of the Department of Finance and Planning (for asset under district-level management); representatives of other relevant agencies (if any).

b) The infrastructure management authority shall determine the starting rent, the fixed-term transfer price of the right to operate the inland waterway infrastructure asset according to clauses 3, 4 of this Article, prepare, and submit 01 application to the competent authority/person specified in clause 2 of this Article for approval of the starting price for auctioning. The application includes:

An application from the infrastructure management authority for approval of the starting price: original copy;

Documents related to grounds for determining the starting price as stipulated in clauses 3, 4 of this Article: duplicate copy.

c) In the Decision approving the starting price for auctioning the lease of the asset operation right, the estimated annual revenue must be determined in the starting price scheme to serve as reconciliation revenue in cases specified in point l of clause 10 of Article 14 and point l of clause 9 of Article 15 of this Decree.

6. After 02 unsuccessful auctions for the lease or fixed-term transfer of the right to operate the inland waterway infrastructure asset, the infrastructure management authority shall review the causes and propose solutions, report to the authority person with competence to approve the Scheme for lease or fixed-term transfer of the right to operate the inland waterway infrastructure asset for review and decision on whether to continue the auction or change the existing operation method to the method in which the infrastructure management authority shall directly organize the operation of inland waterway infrastructure asset as follows:

a) In case of continuing organizing the auction for the lease or fixed-term transfer of the right to operate the inland waterway infrastructure asset , if the reason for the unsuccessful auction is determined to be due to the starting rent of the asset operation right, the starting fixed-term transfer price of the asset operation right being high and no longer in line with the regulations on determining the starting price as stipulated in this Article, the starting price shall be re-determined in accordance with the regulations of clauses 2, 3, 4, and 5 of this Article.

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7. Pursuant to regulations of this Decree, if there are difficulties or obstacles during the implementation that require specific guidance, the Ministry of Transport shall provide guidance on determining the starting price for the auction for the lease or fixed-term transfer of the right to operate the inland waterway infrastructure asset.

Article 17. Management, use of proceeds from operation of inland waterway infrastructure asset

1. For cases where the infrastructure management authority directly organizes the operation of inland waterway infrastructure assets specified in point a of clause 1 of Article 12, Article 13 of this Decree:

a) The proceeds from operation of inland waterway infrastructure asset that are fees, charges are managed and used in accordance with the laws on fees, charges, laws on state budget, and related laws.

b) Proceeds from the operation of inland waterway infrastructure assets that are proceeds from inland waterway infrastructure asset service provision and other proceeds specified in point b of clause 3 of Article 12 hereof (including from the construction and installation of telecommunications works on the inland waterway infrastructure asset) are managed and used according to the financial mechanism applicable to infrastructure management authorities as stipulated in clause 2 of Article 85 of the Law on Management and Use of Public property.

2. For cases of operation of inland waterway infrastructure assets in accordance with Article 14, Article 15 of this Decree:

c) Proceeds from the lease/fixed-term transfer of the right to operate the inland waterway infrastructure asset (including any late payment interests) shall be transferred into an escrow account at the State Treasury, with the agency specified below being the account owner:

The Ministry of Transport shall assign 01 of its affiliated units to be the account owner for assets managed by the central infrastructure management authority;

The provincial, district-level People's Committees shall assign the corresponding level public infrastructure management authority to be the account owner for assets managed by the provincial, district-level infrastructure management authority.

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Costs related to the preparation, submission, approval of the Scheme for the lease, the fixed-term transfer of the asset operation right; inventory, determination of the starting price, organization of the auction for lease, the fixed-term transfer of the asset operation right; conservation, protection of asset during the selection of the organization, enterprise for operation; management of the lessor, transferor during the contract period; other relevant costs.

c) The cost estimate related to the operation of inland waterway infrastructure assets shall be prepared by the infrastructure management authority, submitted to the head of the infrastructure management authority for approval after receiving the opinion of the escrow account holder.

d) The expenditure used as grounds for preparing cost estimates, procedures for payment related to the operation of inland waterway infrastructure assets shall comply with clauses 4, 5, 6, and 7 of Article 24 of this Decree.

dd) Every 6 months (at the latest on June 30 and December 31), the escrow account holder shall transfer the remaining proceeds from the operation of inland waterway infrastructure assets (after completing the payment of costs specified in points c, d of this clause deducted from the escrow account) to the state budget (the central government budget for proceeds from assets under central management, the local government budget for proceeds from assets under local management) in accordance with laws on the state budget.

e) The proceeds transferred to the state budget are prioritized for allocation to the public investment plan, the state budget expenditure estimate for new construction, upgrading, renovation, expansion, and development of inland waterway infrastructure assets according to the laws on the state budget, public investment, and related laws.

Section 4. DISPOSAL OF INLAND WATERWAY INFRASTRUCTURE ASSET

Article 18. Forms of disposal of inland waterway infrastructure asset

1. Repossession.

2. Transfer.

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4. Liquidation.

5. Disposal of asset if it is lost or damaged.

6. Other forms as prescribed in law or the Prime Minister’s decisions.

Article 19. Repossession of inland waterway infrastructure asset

1. The inland waterway infrastructure asset shall be repossessed in the following cases:

a) When there are changes in planning, management hierarchy.

b) Assets that have been assigned but are no longer needed for use as inland waterway infrastructure asset.

c) Assets assigned to the wrong entity, used for the wrong purpose, or lent out.

d) Other cases as stipulated by the laws.

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a) The Minister of Transport shall decide to repossess the inland waterway infrastructure assets under central management.

b) The provincial, district-level People's Committees shall decide to repossess inland waterway infrastructure asset managed by the same-level infrastructure management authorities.

3. The repossessed inland waterway infrastructure assets shall be disposed of in the following forms:

a) Transfer.

b) Transfer to local management for management and disposal.

4. The procedures for repossessing inland waterway infrastructure assets (except for cases specified in clause 5 of this Article):

a) The infrastructure management authority shall prepare an application for asset repossession, report to the superior managing authority (if any), which shall then be submitted to the competent authority/person as stipulated in clause 2 of this Article. The application includes:

An application from the infrastructure management authority for approval of the asset repossession: original copy;

Document from the superior managing authority (if any) of the infrastructure management authority regarding asset repossession: original copy;

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

b) Within 30 days from the date of receiving the complete application specified in point a of this Clause, the competent authority or person specified in clause 2 of this Article shall review and decide the asset repossession under its jurisdiction or shall have a written response in case the request for asset repossession is not appropriate.

c) The decision on repossession of inland waterway infrastructure asset shall include: Name of the authority with asset to be repossessed; name of the authority assigned to carry out the repossession decision; List of assets to be repossessed (name of the assets; address; year of putting into use; basic parameters (volume, length, etc.); area; gross price, residual value (if any); condition of the assets); reason for repossession; responsibilities for implementation.

d) Based on the Decision on asset repossession of the competent authority/person, the authority assigned to execute the repossession decision shall prepare and submit a plan for disposal of the repossessed asset in forms specified in clause 3 of this Article to the competent authority/person for approval. Upon approval, the asset disposal shall be carried out according to the approved plan. During the awaiting period for asset disposal, the agency that has asset repossessed is responsible for the preservation and protection of the asset as prescribed.

dd) The infrastructure management authority shall perform asset reduction accounting in accordance with accounting laws; report asset changes as prescribed in this Decree.

5. The procedures for repossession of inland waterway infrastructure assets upon request by authorities assigned to carry out inspection, assessment, and audit and impose penalties for administrative violations, or other state regulatory authorities:

a) At the request of authorities assigned to carry out inspection, assessment, and audit and impose penalties for administrative violations, or other state regulatory authorities, competent authority/person specified in clause 2 of this Article shall review and decide the asset repossession within their jurisdiction.

b) The main content of the Decision on asset repossession, post-repossession disposal of assets, and the responsibilities of relevant agencies shall comply with points c, d, and dd of clause 4 of this Article.

Article 20. Transfer of inland waterway infrastructure asset

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a) When there are changes in the managing authority, management hierarchy as prescribed.

b) Assets that has been assigned but are no longer needed for use as inland waterway infrastructure asset.

c) Other cases as stipulated by the laws.

2. Authority to decide transfer of inland waterway infrastructure asset:

a) The Minister of Finance shall decide the transfer of inland waterway infrastructure assets between ministries, central authorities, between central and local authorities, between provinces, centrally affiliated cities.

b) The Minister of Transport shall decide the transfer of inland waterway infrastructure assets between agencies, organizations, units within its management.

b) The provincial People's Committees shall decide the transfer of inland waterway infrastructure asset between agencies, organizations, units within the local management.

3. Procedures for transferring inland waterway infrastructure assets:

a) When there is asset that needs to be transferred, the infrastructure management authority shall prepare an application for asset transfer, report to the superior managing authority (if any), which shall then be submitted to the competent authority/person as stipulated in points b, c of clause 2 of this Article. The application includes:

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An application from the superior managing authority (if any) of the infrastructure management authority for asset transfer: original copy;

Application from the provincial inland waterway management authority (for assets managed by a district-level infrastructure management authority for transfer of asset: original copy;

Application for receipt of the asset from the receiving agency, organization, unit, and the superior managing authority (if any) of that agency, organization, and unit: Original copy. If the asset is transferred due to changes in management authority, management hierarchy, or asset classification, it is not mandatory to prepare an application for receipt of the asset from the receiving agency;

List of assets to be transferred using Form 01B in the Appendix attached to this Decree prepared by the infrastructure management authority: original copy;

Other relevant documents (if any): duplicate copy.

b) Within 30 days from the date of receiving the complete application specified in point a of this Clause, the competent authority or person specified in points b, c of clause 2 of this Article shall review and decide the asset transfer under its jurisdiction or shall have a written response in case the request for asset transfer is not appropriate.

In cases where the asset transfer falls under the authority of the Minister of Finance, the Ministry of Transport (for assets under central management) or the Provincial People’s Committees (for assets under local management) shall prepare and submit an application to the Minister of Finance for review and decision on asset transfer or shall have a written response in case the request for asset transfer is not appropriate. The application includes:

An application from the Ministry of Transport, the provincial People's Committee for asset transfers: original copy;

List of assets to be transferred using Form 01B in the Appendix attached to this Decree prepared by the Ministry of Transport, the provincial People's Committee: original copy;

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An application specified in Point a of this Clause: duplicate copy.

c) The main contents of the Decision on asset transfer include: Name of the authority with asset to be transferred; name of the receiving agency, organization, unit; List of assets to be transferred (name of the assets; address; year of putting into use; basic parameters (volume, length, etc.); area; gross price, residual value (if any); condition of the assets); reason for transfer; responsibilities for implementation.

d) Within 30 days from the date of issuance of Decision on asset transfer of the competent authority/person as specified in clause 2 of this Article, the authority transferring the asset and the receiving agency, organization, unit shall:

Hand over and receive the asset; the handover and receipt must be documented in a Minute using Form 01 in the Appendix attached to this Decree;

The infrastructure management authority shall preserve, protect, and maintain the inland waterway infrastructure asset in accordance with law until the handover is completed;

Carry out asset reduction and increase accounting as per accounting laws; report asset changes as prescribed in this Decree.

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

e) There is no need to pay the asset value when transferring assets.

4. For inland waterway infrastructure asset subject to a repossession decision, which is then transferred, the authority assigned to execute the repossession decision shall prepare a plan for disposal of the repossessed asset (enclosed with an application for receipt of asset from the agency, organization, unit, and the superior managing authority (if any) of that agency, organization, or unit; a List of assets as prescribed in Point a of Clause 3 of this Article; documents related to the asset) to submit to the competent authority or person prescribed in Clause 2 of this Article for review and decision. The procedures, content of the decision on asset transfer, implementation of decision and other contents shall comply with points b, c, d, dd and e of Clause 3 of this Article; in which the authority assigned to execute the repossession decision shall exercise the rights and responsibilities of the agency with asset transferred.

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1. Inland waterway infrastructure assets shall be transferred to administrative divisions for management and disposal in the following cases:

Asset that has been assigned to infrastructure management authority but is no longer needed for use as inland waterway infrastructure asset.

b) Being removed from the planning of inland waterway infrastructure works.

c) Other cases as stipulated by the laws.

2. Disposal of inland waterway infrastructure assets shall only be carried out in form of transfer of assets to administrative divisions for management and disposal in cases where the asset is no longer used for the purpose of being inland waterway infrastructure asset.

3. The authority to decide the transfer of inland waterway infrastructure assets to administrative divisions for management and disposal:

a) The Minister of Transport shall decide to transfer inland waterway infrastructure assets managed by the central infrastructure management authority to the administrative division (Provincial People's Committees) for management and disposal.

b) The Provincial People's Committee shall decide to transfer inland waterway infrastructure assets managed by the local infrastructure management authority to local authorities (Relevant authority of the Provincial People's Committee, Land bank development organization, Relevant authority of the District-level People's Committee) for management and disposal.

4. Procedures for transfer of inland waterway infrastructure assets to administrative divisions for management and disposal:

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An application from the infrastructure management authority for the asset transfer: original copy;

An application from the superior managing authority (if any) of the infrastructure management authority for the asset transfer: original copy;

Application from the provincial inland waterway management authority (for asset managed by a district-level infrastructure management authority for transfer of asset: original copy;

Opinion of the Provincial People's Committee (the receiving entity) for transfer of assets under central management: original copy;

List of assets proposed for transfer using Form 01B in the Appendix issued with this Decree: original copy;

Related documents regarding the reason for the asset transfer (if any): duplicate copy;

Other relevant documents (if any): duplicate copy.

b) Within 30 days from the date of receiving the complete application specified in point a of this Clause, the competent authority or person specified in clause 3 of this Article shall review and decide the asset transfer under its jurisdiction or shall have a written response in case the request for asset transfer is not appropriate.

c) The main contents of the Decision on asset transfer include: Name of the authority with asset to be transferred; name of the receiving agency; List of assets to be transferred (name of the assets; address; year of putting into use; basic parameters (volume, length, etc.); area; gross price, residual value (if any); condition of the assets); reason for transfer; responsibilities for implementation.

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dd) Within 30 days from the issuance date of the Decision on receiving the asset of the Provincial People's Committee (for cases specified in point d of this Article), and from the issuance date of the Decision on asset transfer (for other cases), the infrastructure management authority with asset to be transferred (Transferring Party) shall take charge and cooperate with the receiving agency (Receiving Party) in organizing the handover and receipt of the asset; the handover and receipt of the asset are documented in a Minute using Form 01 in the Appendix attached to this Decree. The Transferring Party shall perform asset reduction accounting as per accounting laws; report asset changes as prescribed in this Decree.

e) Reasonable costs directly related to the handover and receipt of assets shall be paid by the receiving agency.

The infrastructure management authority shall preserve and protect the inland waterway infrastructure asset in accordance with law until the handover is completed;

The receiving agency shall supervise and calculate depreciation for the asset from the time of asset receipt until the completion of asset disposal as per the regulations of clause 6 of this Article.

g) There is no need to pay the asset value when transferring assets to administrative divisions for management and disposal.

5. For inland waterway infrastructure asset subject to a repossession decision, which is then transferred to administrative division for management and disposal, the authority assigned to execute the repossession decision shall prepare and submit a plan for disposal of the repossessed asset (enclosed with an application for receipt of asset from the People's Committee of the province where the asset is located for assets under central management; a List of assets as prescribed in Point a of Clause 4 of this Article; documents related to the asset) to the competent authority or person prescribed in Clause 3 of this Article for review and decision on transfer of asset to administrative divisions for management and disposal.

The procedures, content of the decision on asset transfer, implementation of decision and other contents shall comply with points b, c, d, dd, e, and g of Clause 4 of this Article; in which the authority assigned to execute the repossession decision shall exercise the rights and responsibilities of the agency with asset transferred.

6. After receiving the asset, the receiving agency shall refer to the dossiers of specific case to provide advice or propose to the agency responsible for consultation, and report to the competent authority or person to handle as prescribed by the law as follows:

a) In cases of transfer to an agency, organization, or unit for management and use, the process shall be carried out in accordance with the laws on the management and use of public property.

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c) Cases of disposal under residential housing and land policies shall comply with laws on housing and other related laws.

d) Cases of land allocation or leasing shall comply with laws on land and other relevant laws.

dd) Cases of transfer to a Land bank development organization for management and operation shall comply with laws on land.

The financial specialized authority shall provide advice to the corresponding People's Committee in cases of disposal specified in points a and b of this clause The construction authority shall provide advice to the corresponding People's Committee in cases of disposal specified in point c of this clause. The natural resources and environment authority shall provide advice to the corresponding People's Committee in cases of disposal specified in points d and dd of this clause.

e) The receiving agency shall supervise and calculate depreciation for the asset from the time of asset receipt until the completion of asset disposal.

Article 22. Liquidation of inland waterway infrastructure assets

1. The inland waterway infrastructure assets shall be liquidated in the following cases:

a) Assets that are damaged beyond repair or the repair for which is not effective.

b) The old inland waterway infrastructure asset is demolished to invest in building new asset or to ensure inland waterway traffic, returning the premise as per the approved project by the competent authority/person.

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2. Authority to decide liquidation of inland waterway infrastructure assets:

a) The Minister of Transport shall decide or grant power to decide the liquidation of inland waterway infrastructure assets managed by the central infrastructure management authority.

b) The Provincial People's Council shall decide or grant power to decide the liquidation of inland waterway infrastructure assets managed by the local infrastructure management authority in accordance with Article 2 of the Law on Management and Use of Public property (amended by Article 1 of Law No. 56/2024/QH15).

3. The inland waterway infrastructure assets shall be liquidated through demolition and destruction.

4. Procedures for liquidation of inland waterway infrastructure assets:

a) The infrastructure management authority shall prepare an application for asset liquidation, report to the superior managing authority (if any), and submit it to the competent authority/person specified in clause 2 of this Article. The application includes:

An application form from the infrastructure management authority for asset liquidation: original copy;

An application form from the superior managing authority (if any) of the infrastructure management authority for asset liquidation: original copy;

An application from the Provincial People's Committee, District-level People's Committee for asset liquidation in cases where the liquidation is decided by the Provincial People's Council, District-level People's Council: original copy;

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Other relevant documents (if any): duplicate copy.

b) Within 30 days from the date of receiving the complete application specified in point a of this Clause, the competent authority or person specified in clause 2 of this Article shall review and decide the asset liquidation or shall have a written response in case the request for asset liquidation is not appropriate.

c) The main contents of the Decision on asset liquidation include: Name of the agency with asset to be liquidated; List of assets to be liquidated (name of the assets; address; year of putting into use; basic parameters (volume, length, etc.); area; gross price, residual value (if any); condition of the assets); reason for liquidation; form of liquidation.

Based on the Decision on asset liquidation of the competent authority or person as stipulated in clause 2 of this Article, the infrastructure management authority shall organize the demolition and destruction of inland waterway infrastructure works and dispose of the materials repossessed. The disposal of materials repossessed shall be carried out in accordance with the regulations specified in clauses 5, 6, and 7 of this Article.

5. Forms of disposal of materials repossessed from the demolition of works:

a) Assigning materials repossessed that are still usable to the infrastructure management authority (the agency with asset liquidated) to use in maintenance.

b) Transferring materials repossessed to agencies, organizations, or units for management and use.

c) Selling materials repossessed that are not needed.

d) Destroying materials that are no longer usable. The infrastructure management authority shall destroy materials that are no longer usable.

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7. Transfer of materials repossessed to agencies, organizations, or units for management and use:

a) At the request of the infrastructure management authority (the agency with asset liquidated) and the request of the agency, organization, or unit in need of receiving materials repossessed, the Minister of Transport, the Provincial People's Committee shall decide to transfer them to agencies, organizations, or units within its management; the Minister of Finance shall decide to transfer them outside the Ministry of Transport, provinces, and centrally affiliated cities.

b) The application for transfer of materials repossessed includes:

An application from the infrastructure management authority for transfer of materials repossessed: original copy;

An application from the superior managing authority for transfer of materials repossessed: original copy;

Application for receipt of the repossessed material from the receiving agency, organization, unit, and the superior managing authority (if any) of that agency, organization, and unit: original copy;

List of materials to be transferred (types, quantities, conditions; intended use after transfer): original copy;

Other relevant documents related to the request for the transfer of materials repossessed (if any): duplicate copy.

c) Within 30 days from the date of receiving the complete application specified in point b of this Clause, the Minister of Transport, the Provincial People's Committee, shall review and make a decision under its jurisdiction, or shall have a written response in case the request for transfer of materials repossessed is not appropriate.

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dd) The main contents of the Decision on transfer of materials repossessed include: Name of the agency with the materials to be transferred due to asset liquidation; name of the receiving agency, organization, unit; list of materials to be transferred (name, type, quantity, condition); intended use after the transfer; responsibilities for implementation.

e) Within 30 days from the date of the Decision on the transfer of materials repossessed of the competent authority/person, the infrastructure management authority and the receiving agency, organization, unit shall organize the handover and receipt of the transferred materials; the handover and receipt shall be documented in a Minute using Form 01 in the Appendix attached to this Decree.

8. Selling repossessed materials that are not needed:

The head of the infrastructure management authority shall decide the sale of materials repossessed. The sale of materials not needed is carried out in accordance with the regulations in Article 31 of Decree No. 151/2017/ND-CP dated December 26, 2017, of the Government detailing some articles of the Law on Management and Use of Public property (which is amended by Article 23 of Decree No. 114/2024/ND-CP dated September 15, 2024, of the Government amending articles of Decree No. 151/2017/ND-CP dated December 26, 2017, of the Government).

9. For cases of liquidation of old inland waterway infrastructure assets as stipulated in point b of clause 1 of this Article in projects approved by the competent authority/person that include regulations on asset liquidation, the asset liquidation shall be carried out according to the approved project; the infrastructure management authority is not required to follow the asset liquidation procedures as stipulated in clause 4 of this Article; the disposal of materials repossessed (if any) shall be carried out in accordance with clauses 5, 6, 7, and 8 of this Article, except when the value of the repossessed materials has already been deducted from the project package value.

10. After completing the asset liquidation, the infrastructure management authority shall perform asset reduction accounting as prescribed by accounting laws, and report asset changes as stipulated in this Decree.

Article 23. Disposal of inland waterway infrastructure assets if they are lost or damaged

1. Inland waterway infrastructure assets are lost or damaged due to natural disasters, fires, or other causes.

2. The authority to decide disposal of inland waterway infrastructure assets if they are lost or damaged:

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b) The Provincial People's Council shall decide or grant power to decide the disposal of inland waterway infrastructure assets managed by the local infrastructure management authority in accordance with Article 2 of the Law on Management and Use of Public property (amended by Article 1 of Law No. 56/2024/QH15).

3. Procedures for disposal of inland waterway infrastructure assets if they are lost or damaged:

a) Within 30 days from the date of discovering that the asset is lost or damaged, the infrastructure management authority shall determine the cause of the loss or damage and the responsibilities of the relevant collectives and individuals, prepare an application for the disposal of the lost or damaged asset, report to the superior managing authority (if any), and submit it to the competent authority/person as specified in Clause 2 of this Article for review and decision. The application includes:

An application from the infrastructure management authority for disposal of the asset (clearly stating the reason for the loss or damage of the asset): original copy;

An application from the superior managing authority (if any) for asset disposal: original copy;

An application from the Provincial People's Committee, District-level People's Committee for asset disposal in cases where the disposal is decided by the Provincial People's Council, District-level People's Council: original copy;

Report on determining the lost or damaged asset: original copy;

List of lost or damaged assets using Form 01B in the Appendix attached to this Decree: original copy;

Documentation proving the loss or damage of the asset: duplicate copy.

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c) The main contents of the Decision on asset disposal include: Name of the agency with asset that is lost or damaged; list of lost, damaged assets (name of the assets; address; year of putting into use; basic parameters (volume, length, etc.); area; gross price, residual value (if any); condition of the assets before they were lost or damaged); reason for the loss or damage of the asset; responsibilities for implementation.

4. Within 30 days from the date of issuance of Decision on asset disposal of the competent authority/person, the infrastructure management authority shall:

a) Carry out asset reduction and increase accounting as per accounting laws.

b) Report asset changes in accordance with this Decree.

c) Handling the responsibilities of the relevant collectives and individuals in accordance with law.

5. The state budget shall ensure funding for the restoration and repair of inland waterway infrastructure assets to restore safe and smooth inland waterway traffic operations.

In cases where an inland waterway infrastructure asset is lost or damaged and is compensated by insurance companies or relevant organizations, individuals, the compensation shall be managed in accordance with clause 1 of Article 24 of this Decree. After deducting relevant costs (if any), the compensation shall be transferred to the state budget as per regulations and is prioritized to be allocated to the public investment plan, state budget expenditure estimate for investing in building a replacement asset in accordance with laws on the state budget, public investment, and other relevant laws.

Article 24. Management, use of proceeds from disposal of inland waterway infrastructure assets

1. Proceeds from disposal of inland waterway infrastructure assets (including any compensation) shall be transferred into an escrow account at the State Treasury, with the agency specified below being the account owner:

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b) The provincial, district-level People's Committees shall assign the corresponding level public infrastructure management authority to be the account owner for asset managed by the provincial, district-level infrastructure management authority.

2. Costs related to the disposal of inland waterway infrastructure assets include:

a) Inventory and measurement costs.

b) Costs of relocation, demolition, and destruction.

c) Cost of price determination and valuation.

d) Cost of organizing the sale of materials repossessed.

dd) Costs of protecting and preserving assets while waiting for processing.

e) Other reasonable related costs.

3. Expenditure levels:

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b) Expenditures for asset disposal-related services shall comply with contracts signed between the infrastructure management authority and the service provider. The selection of the provider of asset disposal-related services shall comply with relevant laws.

c) For expenditures beyond the scope stipulated in point a, point b of this clause, the head of the infrastructure management authority shall decide the expenditure level, ensuring compliance with the existing financial management policy of the State and take responsibility for their decisions.

4. Based on the expenditures specified in clause 2 of this Article, the expenditure level specified in clause 3 of this Article, the infrastructure management authority shall prepare and submit an estimate for expenditures related to asset disposal to the Head of the infrastructure management authority for approval (the approval time limit is 30 days from the date of submitting the estimate).

5. Within 30 days of the asset being disposed of, the infrastructure management authority must prepare and send an application to the escrow account holder for payment of the costs of the asset disposal or an extension of the payment deadline (it should state the reason for the extension and the extended period, which should not exceed 30 days from the date of the application) or confirm in writing no expenses have arisen. The head of the infrastructure management authority is accountable to the law for any delays in submitting documents, the accuracy of the proposed payment. The application includes:

a) Payment application from the infrastructure management authority (clearly stating the proceeds from asset disposal, total disposal costs, information on the receiving account) enclosed with the specific list of expenditures: Original copy.

b) Decision on disposal of asset of the competent authority or person: duplicate copy.

c) Proofs of expenditures: Approved expenditure estimate; contracts for valuation, auction, and demolishment; invoices (if any): duplicate copy.

6. Within 30 days from the date of receiving the completed application specified in clause 5 of this Article, the holder of the escrow account shall grant funds to the infrastructure management authority to pay costs related to the disposal of inland waterway infrastructure assets.

7. Every 6 months (by June 30 and December 31 at the latest), the escrow account holder shall transfer to the central government budget (for proceeds from disposal of assets under central management) or the local government budget (for proceeds from disposal of assets under local management) the proceeds from asset disposal:

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b) Where the 30-day period has passed from the date the asset management enterprise has transferred proceeds into the escrow account but the holder has not received a payment application or deferral application from the infrastructure management authority.

8. In cases where the proceeds from asset disposal are not sufficient to cover the costs, the shortfall shall be allocated in the state budget expenditure estimate of the infrastructure management authority.

Section 5. USE OF INLAND WATERWAY INFRASTRUCTURE ASSETS FOR PARTICIPATING IN PPP INVESTMENT PROJECTS AND MANAGEMENT AND USE OF PPP-INVESTED INLAND WATERWAY INFRASTRUCTURE ASSETS

Article 25. Use of inland waterway infrastructure assets for participating in PPP investment projects and management and use of PPP-invested inland waterway infrastructure assets

1. The management, use, operation of inland waterway infrastructure assets in PPP form and the transfer of assets formed through PPP to the State shall be carried out in accordance with Articles 95 and 96 of the Law on Management and Use of Public property and PPP laws.

The management and use of inland waterway infrastructure in PPP form shall not affect inland waterway traffic operations, ensure smooth and safe inland waterway traffic operation and compliance with laws on construction, the laws on inland waterway traffic, and other relevant laws.

2. Authority to decide use of the existing inland waterway infrastructure asset for participating in PPP investment projects:

a) The Prime Minister shall make decisions on inland waterway infrastructure assets associated with national defense and security.

b) The Minister of Transport shall make decisions on inland waterway infrastructure assets managed by central infrastructure management authority, except for assets specified in point a of this Clause.

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3. Procedures for using the existing inland waterway infrastructure assets for participating in PPP investment projects:

a) When there is existing inland waterway infrastructure assets that need to be used for participating in PPP investment projects, the infrastructure management authority shall prepare an application, report to the superior managing authority (if any) which shall then be submitted to the competent authority/person as stipulated in points b, c of clause 2 of this Article. The application includes:

An application form from the infrastructure management authority for using the asset for participating in PPP investment projects: original copy;

Document from superior managing authority (if any) of the infrastructure management authority on using the asset for participating in PPP investment projects: original copy;

Document from the Provincial inland waterway management authority (for assets managed by the district-level inland waterway management authority) on using the asset for participating in PPP investment projects: original copy;

Opinions of relevant agencies (if any): duplicate copy;

List of assets to be used for participating in PPP investment projects using Form 01B in the Appendix attached to this Decree: original copy;

Other relevant documents (if any): duplicate copy.

b) Within 30 days from the date of receiving the complete application specified in point a of this Clause, the competent authority/person specified in points b, c of clause 2 of this Article shall review and decide the use of the asset for participating in PPP investment projects for cases under their jurisdiction or shall have a written response in case the request is not appropriate.

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An application from the Ministry of Transport (for assets under central management) or the Provincial People’s Committees (for assets under local management) for using the asset for participating in PPP investment projects: original copy;

Opinions of relevant agencies (if any): duplicate copy;

An application specified in Point a of this Clause: duplicate copy.

c) The main contents of the Decision on using the inland waterway infrastructure asset for participating in PPP investment projects: Name of the authority with asset to be used to participate in investment projects; name of the receiving investor; List of assets to be used for participating in PPP investment projects (name of the assets; address; year of putting into use; basic parameters (volume, length, etc.); area; gross price, residual value (if any); condition of the assets); reason for transfer; responsibilities for implementation.

The infrastructure management authority shall preserve, protect, and maintain the inland waterway infrastructure works in accordance with law until the handover is completed;

4. Based on the Decision of the competent authority or person as specified in clause 2 of this Article on using existing assets to participate in PPP investment projects approved by the competent authority or person and the signed contract, the infrastructure management authority shall hand over the asset to the investor executing the project. The handover of assets shall be recorded in a Minute of Handover using the Form 01 attached to this Decree.

5. The investor executing the PPP investment project is responsible for accounting, managing, using, and maintaining the inland waterway infrastructure asset (including State-managed and invested assets that are used to participate in the Project), to ensure quality and technical standards as per the laws on investment and construction until the asset is transferred to the competent state agency.

The infrastructure management authority shall monitor and report on the portion of asset used to participate in the project while handing it over to the investor executing the project.

6. The authority with competence to conclude the project contract, the infrastructure management authority, shall monitor, inspect, and supervise the investor's compliance with clause 4, clause 5 of this Article until the investor transfers the asset to the competent authority.

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Article 26. Reporting on inland waterway infrastructure assets

1. Inland waterway infrastructure assets must be declared and updated in the Database on inland waterway infrastructure assets for uniform management.

2. Forms of declaration:

a) First-time declaration shall apply to:

Existing inland waterway infrastructure assets at the effective date hereof (including assets previously declared for the first time under Decree No. 45/2018/ND-CP);

Inland waterway infrastructure asset arising from the effective date of this Decree.

b) Additional declarations in case there is a change in information about infrastructure management authority or asset after the first-time declaration.

3. The infrastructure management authority shall make a declaration on the inland waterway infrastructure asset, which shall be updated on the Inland waterway infrastructure asset database. In case (i) the central infrastructure management authority decentralizes or authorizes or assigns to affiliated administrative organizations (for assets under central management), (ii) the provincial inland waterway management authority decentralizes or authorizes or assigns to affiliated public service units (for assets under the management of the provincial inland waterway management authorities) as regulated in clause 2 of Article 5 of this Decree, the decentralized, authorized unit shall make a declaration on inland waterway infrastructure assets and input such data into the database for consistent management.

The deadline for submitting a declaration is 30 days from the date the asset is put into use (for assets formed through purchases or new construction), from the date of asset reception according to the decision of the competent authority or person (for transferred as assets), or asset disposal according to the decision of the competent authority or person, or when there is a change in the receiving subject or information about the declared asset.

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5. The report on the management, use, and operation of inland waterway infrastructure asset shall include:

a) Report on the asset operation by each form prescribed in this Decree.

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

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

a) The infrastructure management authority shall prepare and submit reports to the superior management authority (if any), report to the Ministry of Transport (for assets under central management), or the Provincial People's Committee (for assets under local management) by February 28 every year.

b) The Ministry of Transport, the Provincial People's Committee shall send final report on management, use, and operation of their inland waterway infrastructure assets to the Ministry of Finance before March 15.

c) The Ministry of Finance shall send final report on management, use, and operation of inland waterway infrastructure asset nationwide to the Government for reporting to the National Assembly as required.

7. Reports on inland waterway infrastructure assets shall be prepared in written or electronic form. Depending on the receiving agency's practical conditions as regulated in points b and c of clause 6 of this Article, reports can be sent to the receiving agency:

a) In person.

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c) Via Fax.

d) Via Email.

dd) Via Specialized reporting information software system.

e) Via other forms as stipulated by the laws.

8. The report form on the management, use, and operation of inland waterway infrastructure assets shall be issued by the Minister of Finance.

Article 27. Inland waterway infrastructure asset database

1. Inland waterway infrastructure asset database is a part of the National public property database, built and uniformly managed nationwide; the information in the database on inland waterway infrastructure assets holds legal value similar to paper records.

2. The development and management of the Inland waterway infrastructure asset database must satisfy the following requirements:

a) Aligning with the architecture framework of Vietnam's e-Government, complying with national database technical standards, IT technical standards, information security and safety standards, and economic-technical norms.

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3. The Ministry of Transport (for inland waterway infrastructure assets under central management), Provincial People's Committees (for inland waterway infrastructure assets under local management) shall instruct the central and local infrastructure management authorities and relevant agencies to declare, input, and approve data on inland waterway infrastructure assets into the database according to applicable regulations.

Chapter IV

IMPLEMENTATION

Article 28. Responsibilities for implementation

1. Responsibilities of the Ministry of Transport:

a) During the process of transferring inland waterway infrastructure assets to the managing entity as prescribed in this Decree, the Ministry of Transport shall direct relevant agencies, organizations, and units to manage and use assets within its management as specified in laws on management and use of public property, inland waterway traffic, and other relevant laws to ensure smooth and safe inland waterway traffic operations.

b) Take the lead in developing and issuing regulations for the maintenance of works under the inland waterway infrastructure asset and criteria for supervision and commissioning of the maintenance results in accordance with quality standards.

c) Direct, review, classify, document, and account for assets in accordance with this Decree and related laws.

d) Direct and inspect the management, use, and operation of inland waterway infrastructure assets within the management as defined in this Decree and related laws; address violations in asset management, use, and operation within jurisdiction or report to the relevant competent agencies or persons for action.

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e) Cooperate with the Ministry of Finance in developing a database on inland waterway infrastructure assets nationwide for integration into the national public property database.

g) Specify the methods for determine the conventional price of assets when there are no grounds to determine its gross price and residual value (including assets under central and local management).

Decide the uses of the conventional price of inland waterway infrastructure assets under central management as a basis for determining asset values for accounting entries in cases where there is no information on the gross price, residual value, and no basis for determining these values.

h) Carry out other tasks and powers specified in Decree and relevant laws.

2. Responsibilities of the Ministry of Finance:

a) Provide guidance on accounting of inland waterway infrastructure assets.

b) Specify management, depreciation calculation for inland waterway infrastructure asset, and provide guidance on declaration and reporting on inland waterway infrastructure assets.

c) Take charge and cooperate with the Ministry of Transport in developing a database on inland waterway infrastructure asset nationwide.

d) Provide guidance on integrating the database on inland waterway infrastructure assets into the national database on public property.

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3. Responsibilities of Provincial People's Committees:

a) During the process of transferring inland waterway infrastructure assets to the managing entity as prescribed in this Decree, Provincial People's Committees shall direct relevant agencies, organizations, and units to manage and use assets within their management as specified in laws on management and use of public property, inland waterway traffic, and relevant laws to ensure smooth and safe inland waterway traffic operations.

b) Direct, review, classify, document, and account for assets in accordance with this Decree and related laws.

c) Direct and inspect the management, use, and operation of inland waterway infrastructure assets within the management as defined in this Decree and relevant laws;

d) Direct data entry, normalization for inland waterway infrastructure assets under local management; report on the management, use and operation of assets as stipulated in this Decree.

dd) Decide the use of the conventional price of inland waterway infrastructure assets under local management as a basis for determining asset values for accounting entries in cases where there is no information on the gross price, residual value, and no basis for determining these values.

e) Carry out other tasks and powers specified in Decree and relevant laws.

4. Ministries, central agencies, and provincial People's Committees, within their jurisdiction, shall take charge and cooperate with the Ministry of Transport in managing, using, and operating inland waterway infrastructure assets in accordance with this Decree and relevant laws.

5. Other relevant agencies and entities may submit electronic applications if they have digital signatures when performing the procedures specified in this Decree.

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1. For inland waterway infrastructure assets that have been handed over to the appropriate infrastructure management authority in accordance with this Decree, the infrastructure management authority shall manage, use, and operate the asset as stipulated in this Decree without having to redo procedures for handing over the asset in accordance with this Decree.

For inland waterway infrastructure assets specified in points b, c, and d of Clause 1 of Article 7 of this Decree, the Ministry of Transport (for assets under central management) or the Provincial People’s Committees (for assets under local management) shall direct the review, statistics, and assignment of management of inland waterway infrastructure assets to the infrastructure management authority as stipulated in this Decree within 12 months from the effective date of this Decree.

2. Contracts for the operation of inland waterway infrastructure assets that are concluded by the competent authority/person in accordance with law before the effective date hereof shall continue to be implemented in accordance with the applicable regulations until the end of the term of the signed contract.

3. For inland waterway infrastructure assets that exist before the effective date hereof but have not yet been valued for accounting purposes in accordance with Decree No. 45/2018/ND-CP and guidance from the Ministry of Finance, the valuation of such assets must be completed within 12 months from the effective date of this Decree.  Any tasks that have not been completed by the effective date hereof must be carried out in accordance with this Decree.

4. For inland waterway infrastructure assets subject to disposal decisions of the competent authority/person before the effective date hereof (except for cases specified in Clause 5 of this Article), if the disposal has not been completed, the disposal shall continue to be carried out based on decisions made by the competent authority/person. Any pending tasks related to asset disposal must comply with this Decree by the effective date of this Decree.

5. For inland waterway infrastructure assets that have been decided to be sold by the competent authority in accordance with Decree No. 45/2018/ND-CP:

a) For cases of unsuccessful auctions in accordance with auction laws or if the auction results are canceled as per laws on asset auctions or if the sale decision of the competent authority has expired as per applicable regulations, the sale process shall be stopped, and the asset shall be disposed of in accordance with this Decree. The incurred costs related to the asset sale (including inventory, measurement costs; price determination and valuation costs; auction organization costs, and other sale-related costs) shall be handled as outlined in clauses 2, 3, and 8 of Article 24 of this Decree.

If there is already a sale decision of the competent authority/person and the auction has been publicly announced and scheduled, the auction process will continue as per applicable regulations.

b) In case the auction has been successful but the asset sales contract has not been signed; according to applicable regulations, continue to carry out procedures to complete the asset sale and purchase in accordance with law.

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If the buyer has not paid the amount specified in the contract in full within the prescribed deadline, a late payment interest of 0,03% per day on the outstanding amount will be calculated continuously from the day following the due date until the date immediately preceding the full payment date.

Specific payment deadlines and regulations on late payment interest must be clearly stated in the sales contract.

c) In case the auction has been successful, and the purchase agreement has been signed, but the buyer (successful bidder) has not made the payment or has not paid the amount specified in the contract in full, the buyer must continue to make the payment as per the contract. Within 03 working days from the date on which the payment is received, the infrastructure management authority shall send this payment to an escrow account in accordance with Article 24 of this Decree.

Cases where the buyer has not paid the amount specified in the contract in full within the prescribed deadline shall be handled as specified in point b of this Clause.

d) The infrastructure management authority shall issue invoices for sales of public property to the buyer as per laws on management and use of public property. The handover of assets to the buyer shall be carried out at the location of the asset after the buyer has completed the payment.

The infrastructure management authority shall perform asset reduction accounting in accordance with accounting laws; report asset changes as required by this Decree.

The management and use of the proceeds from the asset sale shall be carried out in accordance with Article 24 hereof and point a of this clause.

Article 30. Effect

1. This Decree takes effect from the date which it is signed.

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Article 31. Implementation clause

Ministers, Heads of ministerial agencies, Heads of Government agencies, Presidents of People's Committees of provinces and centrally affiliated cities and Heads of relevant agencies, organizations and units are responsible for implementing this Decree.

ON BEHALF OF GOVERNMENT
PP. PRIME MINISTER
DEPUTY PRIME MINISTER




Tran Hong Ha