Decree 44/2024/ND-CP stipulating the management, use, and exploitation of road traffic infrastructure assets from June 10, 2024.
Decree 44/2024/ND-CP stipulates the management, use, and exploitation of road traffic infrastructure assets how?
On April 24, 2024, the Government of Vietnam issued Decree 44/2024/ND-CP stipulating the management, use, and exploitation of road traffic infrastructure assets.
Decree 44/2024/ND-CP regulates the management, use, and exploitation of road traffic infrastructure assets invested and managed by the State.
Decree 44/2024/ND-CP does not apply to:
- Road traffic infrastructure assets assigned to enterprises in the form of State capital investment in enterprises. The assignment, management, use, and exploitation of road traffic infrastructure assets assigned to enterprises in the form of State capital investment in enterprises shall comply with the provisions of the law on the management and use of State capital invested in production and business in enterprises, road traffic law, and other relevant laws.
- Road traffic infrastructure assets at people's armed forces units. The management, use, exploitation, and reporting policies regarding road traffic infrastructure assets at people's armed forces units shall comply with the provisions of the law on the management and use of public property at people's armed forces units, road traffic law, and other relevant laws.
- Road traffic infrastructure assets managed by entities other than those specified in Clause 3, Article 2 of Decree 44/2024/ND-CP, Points a and b, Clause 2, Article 1 of Decree 44/2024/ND-CP; and road traffic infrastructure assets invested and managed by the State but have been sold, transferred, or counted into the value of enterprises upon equitization. The management, use, and exploitation of road traffic infrastructure assets in these cases shall comply with the provisions of the road traffic law and other relevant laws.
Decree 44/2024/ND-CP stipulates the management, use, and exploitation of road traffic infrastructure assets from June 10, 2024 (Image from Internet)
Subjects of application of Decree 44/2024/ND-CP include who?
Pursuant to Article 2 of Decree 44/2024/ND-CP, the subjects of application of Decree 44/2024/ND-CP include:
(1) State management agencies on road traffic.
(2) Road management agencies, including:
- The central road management agency is the organization under the Ministry of Transport performing the function of advising and assisting the Minister of Transport in performing State management functions on road traffic and is assigned by the Ministry of Transport the task of being the management agency for road traffic infrastructure assets.
- The provincial-level road management agency is the specialized agency under the People's Committee of the province or centrally-run city (hereinafter referred to as the provincial-level People's Committee) performing the function of advising and assisting the provincial-level People's Committee in managing road traffic.
- The district-level road management agency is the specialized agency under the People's Committee of the district, town, or provincial city and centrally-run city (hereinafter referred to as the district-level People's Committee) performing the function of advising and assisting the district-level People's Committee in managing road traffic.
- The commune-level road management agency is the People's Committee of the commune, ward, or town (hereinafter referred to as the commune-level People's Committee).
(3) Agencies assigned to manage road traffic infrastructure assets (hereinafter referred to as asset management agencies), including:
- The central asset management agency is the agency specified in Point a, Clause 2, Article 2 of Decree 44/2024/ND-CP.
- The provincial-level asset management agency is the agency specified in Point b, Clause 2, Article 2 of Decree 44/2024/ND-CP.
- The district-level asset management agency is the agency specified in Point c, Clause 2, Article 2 of Decree 44/2024/ND-CP.
- The commune-level asset management agency is the agency specified in Point d, Clause 2, Article 2 of Decree 44/2024/ND-CP.
(4) Organizations and units that directly perform accounting, manage, store records, maintain, report, declare, and enter information into the Database on road traffic infrastructure assets and other contents according to the classification/authorization/assignment of the asset management agency.
(5) Organizations and enterprises receiving the transfer of the right to collect usage fees, leasing the right to exploit, receiving a term transfer of the right to exploit, or receiving the transfer of other rights to exploit road traffic infrastructure assets as stipulated in Decree 44/2024/ND-CP.
(6) Other subjects related to the management, use, and exploitation of road traffic infrastructure assets.
Principles for the management, use, and exploitation of road traffic infrastructure assets?
Based on the provisions of Article 4 of Decree 44/2024/ND-CP, the management, use, and exploitation of road traffic infrastructure assets must comply with the principles stipulated in the Law on Management and Use of Public Assets and the following principles:
- Road traffic infrastructure assets must be fully accounted for in terms of physical assets and value; policies for asset depreciation and facility maintenance must be implemented in accordance with the provisions of law.
- The exploitation of road traffic infrastructure assets through the transfer of the right to collect usage fees, leasing the right to exploit assets, term transfer of the right to exploit assets, and other methods as stipulated in this Decree shall apply to the whole or a part of each road traffic infrastructure asset. In cases where part of an asset is exploited, it must not affect the management, use, and exploitation of the remaining part of the asset.
- When transferring, exploiting, or handling assets as stipulated in this Decree, if the asset is related to national defense as determined by the law on managing and protecting defense works and military areas, the opinion of the Ministry of Defense must be obtained; if the asset belongs to the list of important works related to national security issued by the competent authority according to the law on protecting important works related to national security, it is determined to be an asset related to national security without the need to obtain the opinion of the Ministry of Public Security; if the asset is not related to national defense or national security, the Ministry of Transport, provincial-level People's Committees, and road management agencies shall be responsible for determining in the dossier to propose competent authorities to decide on the transfer, exploitation, and handling of assets.
- In cases where the exploitation or handling of road traffic infrastructure assets as stipulated in this Decree affects other related infrastructure assets, the opinion of the entity assigned to manage the related infrastructure assets must be obtained and solutions and clear responsibilities identified to overcome the issues.
- The management, use, and exploitation of road traffic infrastructure assets shall be supervised, inspected, examined, and audited according to regulations; any violation of the law on managing, using, and exploiting road traffic infrastructure assets must be promptly and strictly handled according to law.
- The management and use of land attached to road traffic infrastructure assets shall comply with the provisions of land law, road traffic law, and other relevant laws.
The use of land funds to generate capital for the development of road traffic infrastructure assets shall comply with the provisions of land law.
Decree 44/2024/ND-CP takes effect from June 10, 2024.
Particularly, Clauses 1 and 2, Article 19 of Decree 44/2024/ND-CP on the use of land attached to road traffic infrastructure assets shall remain in effect until the Land Law 2024 takes effect.
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