What are regulations on fees and charges for inland waterways in Vietnam?

What are regulations on fees and charges for inland waterways in Vietnam?

Pursuant to Article 17 of the Decree 45/2018/NĐ-CP stipulating fees and charges for inland waterways in Vietnam as follows:

1. The list of charges and fees for inland waterways shall comply with the law on charges and fees.

2. The collection, payment, management and use of inland waterway fees and charges comply with the law on state budget and relevant laws.

3. The State authorizes the agency assigned to manage the property to collect fees and charges on inland waterways.

What are regulations on the price for leasing the exploitation right, transferring for a definite time the right to exploit inland waterway transport infrastructure assets in Vietnam?

Pursuant to Article 15 of the Decree 45/2018/NĐ-CP stipulating regulations on the price for leasing the exploitation right, transferring for a definite time the right to exploit inland waterway transport infrastructure assets in Vietnam as follows:

1. The rental price of the right to exploit inland waterway transport infrastructure assets The transfer price for a definite term of the right to exploit inland waterway infrastructure assets is the amount the enterprise rents, receives, and transfers. The transfer of the right to exploit the property must be paid to the State for a definite time in order to use and exploit the property under the signed contract.

2. The rental price for the right to exploit inland waterway transport infrastructure assets includes a fixed fee and a variable fee.

Particularly in the case of leasing the right to exploit the property, which is a separate warehouse or yard at an inland waterway port or inland waterway, the starting price for leasing the right to exploit the property shall comply with the market rental price of properties of the same type or having the same technical and quality standards at the time of lease and is equivalent for the purpose of the lease.

3. The determination of the starting price for auction for leasing the right to exploit inland waterway transport infrastructure assets is determined as follows:

a) Fixed collection prices are determined on the basis of asset depreciation, principal and interest payments (if any), expenses for asset management and exploitation;

b) The variable collection price is determined as a percentage (%) of the annual revenue from exploiting the leased property;

c) The agency or person competent to approve the scheme for leasing the exploitation right shall select the starting price for auction as the fixed collection price or the variable collection price according to the principle of prioritizing the fixed collection price when there is a full collection. enough factors to determine the fixed collection price; Specifically as follows: In case of auction with a fixed collection price, the variable collection price will be kept stable; In the case of an auction with a variable collection price, the fixed collection price will be kept stable.

4. The starting price for auction for a definite transfer of the right to exploit inland waterway transport infrastructure assets is determined on the basis of the residual value of the asset at the time of transfer according to re-evaluation, the remaining amortization period, the additional investment value, and the estimated revenue and expenses from exploiting the asset during the transfer term.

5. The Minister of Transport and the President of the People's Committee of the province shall consider and decide the starting price for the auction for leasing the right to exploit inland waterway transport infrastructure assets, reserve price for auction and transfer for a definite time the right to exploit inland waterway transport infrastructure assets under the management scope specified in Clauses 2, 3 and 4 of this Article.

6. For inland waterway transport infrastructure assets attached to water surface land not used for business or service purposes, in the price structure for leasing the right to exploit the property, transfer for a definite time The right to exploit the property does not include land rent and water surface rent.

For inland waterway transport infrastructure assets attached to land and water surface used for business and service purposes, in the price structure for leasing the right to exploit the property, transferring with a definite term the exploitation right including land rent, water surface rent.

7. The Ministry of Finance shall specifically guide this Article.

What are regulations on exploitation of land and water surface fund to create capital to develop inland waterway transport infrastructure assets in Vietnam?

Pursuant to Article 16 of the Decree 45/2018/NĐ-CP stipulating exploitation of land and water surface fund to create capital to develop inland waterway transport infrastructure assets in Vietnam as follows:

1. The exploitation of land and water surface funds to create capital for the development of inland waterway transport infrastructure assets must comply with the provisions of Article 118 of the Law on Management and Use of Public Property and the law on land.

2. The agency assigned to manage the property shall prepare a scheme on exploitation of the land and water surface fund and send it to the Ministry of Transport and the People's Committee of the province:

a) The Minister of Transport consults with the Ministry of Finance and relevant agencies on the scheme on exploitation of land and water surface funds to create capital for the development of inland waterway transport infrastructure assets under its management, and report to the Prime Minister for consideration and approval;

b) Provincial-level People's Committees shall approve the scheme on exploitation of land and water surface funds to create capital for development of inland waterway transport infrastructure assets under their management after obtaining opinions from relevant agencies.

3. Main contents of the scheme on exploitation of land and water surface fund include:

a) Grounds and necessity of the Scheme;

b) Area of ​​land and water surface to be exploited;

c) Form of land and water surface use;

d) Total investment in inland waterway transport infrastructure construction projects;

dd) Expected amount of money collected from the exploitation of land and water surface fund;

e) Other information related to the exploitation of land and water surface fund;

g) Responsibilities for implementation.

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