Does the Ministry of Finance guide the handling of railway infrastructure in Vietnam assets recovered from investment projects?

Main Content

• How does the Government Office handle railway infrastructure in Vietnam assets recovered from investment projects?
• What assets are national railway infrastructure in Vietnam assets?
• According to what principles will the management of national railway infrastructure in Vietnam assets be implemented?

How does the Government Office handle railway infrastructure in Vietnam assets recovered from investment projects?

On June 7, 2022, the Government Office issued Official Letter 3539/VPCP-CN 2022 guiding the handling of railway infrastructure in Vietnam assets recovered from investment projects. Accordingly, Deputy Prime Minister Le Van Thanh made the following comments:

- Assign the Ministry of Finance to assume the prime responsibility for, and coordinate with relevant agencies in, reviewing and guiding the handling of railway infrastructure assets recovered from investment projects while awaiting approval from competent authorities. The project on management, use and exploitation of national railway infrastructure assets invested by the State, in accordance with the provisions of the Law on Management and Use of Public Assets, Decree No. 46/2018/ND- CP dated March 14, 2018 of the Government and relevant legal regulations.

As such, the Ministry of Finance will assume the prime responsibility and coordinate with relevant agencies to handle railway infrastructure assets recovered from investment projects while waiting for approval of the Management Scheme, use and exploit national railway infrastructure assets invested by the State.

Văn phòng Chính phủ: Xử lý tài sản kết cấu hạ tầng đường sắt thu hồi từ các dự án đầu tư sẽ do Bộ Tài chính hướng dẫn?

What assets are national railway infrastructure in Vietnam assets?

Pursuant to Article 4 of Decree 46/2018/ND-CP stipulates as follows:

“Article 4. List of national railway infrastructure assets

1. National railway infrastructure assets, including land attached to national railway infrastructure, are divided into two categories: National railway infrastructure assets directly related to train operation and national railway infrastructure assets not directly related to train operation.

2. National railway infrastructure assets directly related to train operation are works, items of national railway works or other ancillary works directly serving train operation, passenger reception and departure. , loading and unloading goods, including:

a) National railways, bridges, culverts, tunnels, embankments, retaining walls, crossings, barriers separating the national railways and roads;

b) Station (railway in station, road in station serving train operation, train waiting room, warehouse and storage yard for goods transported by railway directly related to train operation, control room for train operation, room) placing signal information equipment, platforms, platform roofs, intersections, overpasses for passengers in stations, log cabins);

c) Depo (a place to gather ships, maintain and repair ships, perform other technical operations);

d) Train operation command rooms at national railway transport operation centers;

dd) Water supply and drainage system; signal information; power supply directly related to train operation;

e) National railway signal and information supply, supply and demand house, house for placing national railway signal communication equipment, bridge guard house, tunnel guard house, guardhouse blocking crossroads.

3. National railway infrastructure assets that are not directly related to train operation are works, items of national railway works or other ancillary works not belonging to the properties specified in Clause 2 of this Article, including:

a) The road in the station does not serve train operation;

b) Station square;

c) Goods warehouses and yards not directly related to train operation;

d) Service and commercial works (sales, accommodation, other services) at national railway stations;

dd) Working house of state agencies in station area;

e) Other works and work items not directly related to train operation.

4. National railway infrastructure assets related to national defense and security specified in Clauses 1, 2 and 3 of this Article shall be determined in accordance with the law on construction protection. important to national defense and security.

5. In the course of operation, in case it is necessary to adjust the classification of assets among the groups specified in Clauses 2 and 3 of this Article, the Prime Minister shall consider and decide at the proposal of the Minister of Transport. transportation and the opinion of the Ministry of Finance.”

Thus, the types of assets falling under the above provisions are the national railway infrastructure assets.

According to what principles will the management of national railway infrastructure in Vietnam assets be implemented?

Pursuant to Article 3 of Decree Decree 46/2018/ND-CP stipulates as follows:

“Article 3. Principles of management, use and exploitation of national railway infrastructure assets”

1. All national railway infrastructure assets shall be assigned by the State to subjects for management and use in accordance with law.

2. State management of national railway infrastructure assets is carried out in a unified manner, clearly decentralizing the authority and responsibility of each state agency and the responsibility for coordination among state agencies; separate the state management functions of state agencies from business activities of enterprises.

3. The exploitation of national railway infrastructure assets must comply with the market mechanism and be effective. The State encourages socialization in order to mobilize the society's resources to maintain, develop and exploit national railway infrastructure assets.

4. National railway infrastructure assets shall be fully accounted for in kind and their value, assets at high risk of being exposed to natural disasters, fires and other force majeure events. financial risk management through insurance or other tools as prescribed by law.

5. The management, use and exploitation of national railway infrastructure assets must be public and transparent; ensure uniform and centralized management of railway transport; ensure smooth, orderly, safe, accurate and efficient national rail transport operations; all acts of violating the law on management and use of assets must be handled promptly and strictly according to the provisions of law.”

Thus, the management, use and exploitation of national railway infrastructure in Vietnam assets will be carried out according to the principles specified above.