Lease of right to exploit the concentrated rural clean water supply works in Vietnam

According to Article 24 of the Circular No. 54/2013/TT-BTC of the Ministry of Finance of Vietnam, the provincial People’s Council shall conduct decentralization of competence to decide on transfer of the concentrated rural clean water supply works (hereinafter abbreviated to the works) among agencies and units under their management scope.

The lease of the right to exploit the works shall be done by the method of public auction in accordance with the provisions of law; in case the time limit for registration to participate in the auction has expired but only one organization or individual registers to participate and bids at least equal to the reserve price, the lease shall be appointed.

Orders of and procedures for transfer of the works are carried out as follows:

Step 1: Upon having works which need to be transferred, the unit managing the works shall make a dossier of request for transfer, send it to the provincial People’s Council. A dossier includes:

- Written request for transfer of the units having works;

- Written request for receipt of the units receiving the works;

- List of the works requested for handling made according to the Form No. 01-DM/CTNSNT promulgated together with this Circular.

Step 2: Within 20 days, after receiving full and valid dossier, the competent state agencies defined in Clause 3 of this Article shall consider, promulgate decision on transfer of the works including the following principal contents:

- Unit having the transferred works;

- Unit receiving the transferred works;

- List of the transferred works;

- Responsibility of the implementation organization.

Step 3: Within 60 days, after having a decision on transfer of competent state agencies defined in Clause 3 of this Article, the construction management unit shall lease the exploitation rights in accordance with the provisions of law.

Management and use of the amount collected from the lease of the right to exploit the works:

The amount collected from the lease of the right to exploit the works, after deducting concerned costs specified in point b of this Clause is managed and used as follows:

- For public non-business units: To add in Fund for development of non-business operation.

- For enterprises, the communal People’s Committees: Remitting into state budget as prescribed by law on state budget;

Rational costs related to lease of the exploitation right include:

- Cost for inventory of the works;

- Cost for organizing selection of the renting units;

- Other relevant costs.

View more details at the Circular No. 54/2013/TT-BTC of the Ministry of Finance of Vietnam, effective from July 01, 2013.

Thu Ba

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