What are regulations on handing over the management of national railway infrastructure in Vietnam?

What are regulations on handing over the management of national railway infrastructure in Vietnam?

Pursuant to Article 5 of the Decree 46/2018/NĐ-CP stipulating handing over the management of national railway infrastructure in Vietnam as follows:

1. The Prime Minister decides to:

a. Hand over the national railway infrastructure to the railway infrastructure enterprises in form of investment of state capital in enterprises as requested by the Minister of Transport and other relevant agencies..

b. Hand over the national railway infrastructure to the agencies designated to manage the infrastructure specified in clause 2, Article 2 hereof (the regulatory agencies helping the Minister of Transport to carry out state management of railway) as requested by the Minister of Transport and other relevant agencies regarding the infrastructure associated with national defense and security and the property formed from projects subjected to the Prime Minister’s decision on investment..

c. Hand over the national railway infrastructure to the wholly state-owned enterprises assigned to operate national railway infrastructure, exclusive of the state capital portion of the enterprises.. 

Based on the actual process of managing and using national railway infrastructure, if this infrastructure must be handed over to the wholly state-owned enterprises assigned to operate national railway infrastructure, exclusive of the state capital portion within a certain period of time, the Ministry of Transport shall take charge and cooperate with the Ministry of Finance and relevant agencies to plan and send a scheme to the Prime Minister for consideration and approval. The management, use and operation of the infrastructure which are handed over to the enterprises shall be carried out in accordance with Article 99 of the Law on Management and Use of Public Property; the Scheme approved by the Prime Minister shall comply with the regulations hereof and other relevant regulations; the Ministry of Transport shall promulgate the regulations on cooperation between the enterprises designated to manage the infrastructure and the regulatory agencies designated to perform state management of railway activities in order to manage, use and operate the infrastructure as prescribed by laws of the state.

2. The Minister of Transport shall decide to hand over the national railway infrastructure which is not specified in the regulations in clause 1 of this Article to the managing agency mentioned in clause 2, Article 2 hereof.

3. The application documents requesting the handover of management to the managing agency mentioned in point b, clause 1 and clause 2 of this Article shall consist of:

a. An application form of the managing agency: 01 original.

b. A record of infrastructure classification or dossier of infrastructure facilities being handed over or brought into operation: 01 original.

c. A list of infrastructure facilities to be handed over (description, quantity, state, input value, residual value): 01 original.

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

4. The procedures for handing over the national railway infrastructure to the managing agencies mentioned in point b, clause 1 and clause 2 of this Article:

a. Within 12 months from the date on which this Decree takes effect (in case of existing infrastructure) or 60 days from the date on which the handover of national railway infrastructure is completed and put into operation (in case of newly invested or procured infrastructure), the Ministry of Transport shall direct the managing agencies mentioned in clause 2, Article 2 hereof to cooperate with the agencies using the infrastructure in reviewing, classifying, valuing the infrastructure, and then send 01 set of application documents requesting the handover of infrastructure specified in clause 3 of this Article to the Ministry of Transport. The funding for the review and classification of infrastructure shall be financed from the state budget as prescribed in the law on state budget.

b. Within 30 days from the date on which the completed application is received, the Minister of Transport shall consider approving the handover of national railway infrastructure within its authority.

c. Within 30 days from the date on which the completed application is received, the Minister of Transport shall send a consultation request (enclosed with copies of the dossier specified in clause 3 of this Article) to relevant agencies for getting their opinions on the plan for handing over the management of national railway infrastructure which is under the Prime Minister’s decision.

Within 30 days, from the date on which the completed application is received, the relevant agencies shall provide their opinions within their competence on the plan for handing over the management of national railway infrastructure.

Within 30 days from the date on which the opinions from relevant agencies are received, the Minister of Transport shall send a document (enclosed with a copy of the dossier specified in clause 3 of this Article and the opinions of relevant agencies) to the Prime Minister for him to consider approving the handover.

d. The main contents of the handover decision include: Name of the managing agency; a list of infrastructure facilities (description, quantity, state, input value and residual value); and the implementation responsibilities.

dd. Within 30 days from the date on which the competent authority's decision on handing over the management of infrastructure is received, the Ministry of Transport shall direct the handover and receiving of national railway infrastructure as prescribed. The entrusting of facilities shall be recorded in writing, using form No. 01 in Appendix hereto.

5. The procedures for handing over the national railway infrastructure to the wholly state-owned enterprises, in form of investment of state capital in enterprises, shall be carried out in accordance with the law on management and use of state capital invested in the enterprises' production and business, special law on railway and other relevant laws of the state.

What are regulations on management of national railway infrastructure counted as state capital portion of the enterprise in Vietnam?

Pursuant to Article 6 of the Decree 46/2018/NĐ-CP stipulating management of national railway infrastructure counted as state capital portion of the enterprise in Vietnam as follows:

1. The management and use of national railway infrastructure counted as state capital portion in enterprises shall be carried out in accordance with the regulations of the law on management and use of state capital invested in enterprises' production and business, special law on railway and relevant laws.

2. The valuation of national railway infrastructure used for determining the state capital portion in enterprises shall be carried out in accordance with the law on management and use of state capital invested in enterprises’ production and business, law on prices and other relevant laws.

What documents are included in the dossier of management of national railway infrastructure in Vietnam?

Pursuant to Article 7 of the Decree 46/2018/NĐ-CP stipulating the dossier of management of national railway infrastructure in Vietnam as follows:

1. The dossier of management shall consist of:

a. Documentation relating to the forming of and changes to the national railway infrastructure as prescribed in the regulations hereof and other relevant laws of the state.

b. A declaration and a report on management, use and operation of national railway infrastructure as prescribed in Article 27 hereof.

c. Railway infrastructure database prescribed in Article 28 hereof.

2. Managing agencies shall:

a. Prepare dossiers of infrastructure facilities within their scope of management.

b. Manage and maintain adequate dossiers of infrastructure facilities under their management and send required reports to the Ministry of Transport and the regulatory authorities as prescribed in this Decree.

Best regards!