What are latest regulations on procedures for disposing clean water supply infrastructure assets in Vietnam?

1. What are latest regulations on procedures for disposing clean water supply infrastructure assets in Vietnam? 

Pursuant to Clauses 5 and 6, Article 20 of Decree 43/2022/ND-CP (effective from August 8, 2022) stipulating procedures for disposing clean water supply infrastructure assets as follows: 

5. Procedures for disposing clean water supply infrastructure assets

a) When assets need to be disposed, agencies and entities holding the assets shall produce request for disposal in accordance with Clause 4 of this Article and submit to superiors (if any).

b) Within 15 days from the date on which adequate documents are received in accordance with Point a of this Clause, superiors (if any) shall consolidate, issue written remarks, attach copies of the documents, and send to clean water authorities affiliated to provincial People’s Committees.

c) Within 15 days from the date on which adequate documents under Point a of this Clause (for cases where superiors are not available) or documents under Point b of this Clause (for cases where superiors are available), clean water authorities shall issue request, attach documents, and submit to competent authorities and individuals under Clause 2 of this Article to review and decide.

b) Within 30 days from the date on which adequate documents are received, competent agencies or individuals specified in Clause 2 of this Article shall consider and decide to dispose the assets or provide written response in case of inadequate asset disposal request.

Decision on asset disposal contains:

Name of agencies, entities holding disposed assets;

List of disposed assets (name of assets; address; type of work items: initial year of use; area; capacity; number of water consumer households by design and realistically; value; conditions); reason for disposal;

Solutions for handling recovered materials (if any); name of agencies, entities receiving recovered materials (if recipients have been identified);

Manage and use the money generated by the disposal;

Responsibilities for implementation.

dd) Based on Decision on asset disposal of competent agencies and individuals under Clause 2 of this Article, agencies and entities assigned to manage assets shall organize or hire organizations, individuals to dismantle, destroy the assets; inventory and classify recovered materials.

Regarding materials recovered after asset sale, comply with Article 31 of Decree No. 151/2017/ND-CP dated December 26, 2017 of the Government elaborating Law on Management and Use of Public Property.

Regarding materials recovered after asset reassignment, conform to Article 20 and Article 21 of Decree No. 151/2017/ND-CP dated December 26, 2017 of the Government (if the materials are not used for infrastructure assets) or conform to Article 19 hereof (if the materials are used for clean water supply infrastructure assets).

e) After disposing assets, agencies and entities assigned to manage assets shall record a decrease in asset and produce reports in accordance with Article 24 hereof (using Form No. 01B and Form No. 01C under Appendix attached hereto).

6. The management and use of revenues generated by the disposal of clean water supply infrastructure assets shall conform to Article 23 hereof.

2. What are latest regulations on request for settlement of missing, damaged clean water supply infrastructure assets in Vietnam?

According to Clause 1, Clause 2, Clause 3, Article 21 of Decree 43/2022/ND-CP (effective from August 8, 2022) stipulating request for settlement of missing, damaged clean water supply infrastructure assets as follows:

1. Clean water supply infrastructure assets are missing or damaged due natural disaster, fire, or other causes

2. Provincial People’s Committees shall issue decision or regulate entitlement to issue decision for clean water supply infrastructure assets under their management that are missing or damaged.

3. Request for settlement of missing, damaged clean water supply infrastructure assets:

a) Written request for settlement sent by agencies, entities assigned to manage assets (which specifies the reason for reassignment): 1 authentic copy.

b) List of missing, damaged assets (name of assets; address; type of work items: initial year of use; area; capacity; number of water consumer households by design and realistically; value; conditions): 1 authentic copy.

 c) Record verifying the missing, damaged assets: 1 authentic copy.

d) Documents confirming the loss or damage to the assets: 01 copy.

Best Regards!