What are regulations on dealing with difficulties regarding centralized clean water supply infrastructure assets in rural areas in Vietnam?

What are regulations on dealing with difficulties regarding centralized clean water supply infrastructure assets in rural areas in Vietnam? 

Pursuant to Clause 6, Article 26 of the Decree 43/2022/ND-CP (takes effect from 08/08/2022) stipulating dealing with difficulties regarding centralized clean water supply infrastructure assets in rural areas in Vietnam as follows: 

6. Regarding centralized clean water supply infrastructure assets in rural areas under Point b Clause 3 of this Article:

a) In case enterprises that are managing assets and investing in the assets before the effective date hereof are state-invested enterprises, they can be handed the assets by increasing state capital in accordance with Article 6 hereof or handed the assets for a return value paid to the Government in accordance with Clauses 7, 8, and 9 of this Article.

b) In case enterprises that are managing assets and investing in the assets before the effective date hereof are not state-invested enterprises, they shall be handed the assets for a payment made to the Government in accordance with Clauses 7, 8, and 9 of this Article.

c) In case enterprises are managing assets that are adjacent or surrounded works, pipelines (hereinafter referred to as “surrounded works”) before the effective date hereof, hand over assets to managing enterprises in accordance with Point a and Point b of this Clause.

What are procedures for handing over centralized clean water supply infrastructure assets in rural areas to managing entities in Vietnam?

Pursuant to Clause 7, Article 26 of the Decree 43/2022/ND-CP (takes effect from 08/08/2022) stipulating procedures for handing over centralized clean water supply infrastructure assets in rural areas to managing entities in Vietnam as follows: 

7. Procedures for handing over centralized clean water supply infrastructure assets in rural areas to managing entities for payment made to the Government under Clause 6 of this Article:

a) Enterprises managing centralized clean water supply infrastructure assets in rural areas shall produce written request for asset handover and send to clean water authorities. Written request includes:

Written request for asset handover for payment made to the Government (provide presentation for the handover or temporary assignment for management; management and use conditions, and reasons for proposing handover for payment); in case of state-invested enterprises, include written remarks of state investment representative agencies about selection of asset handover for payment): 1 authentic copy;

List of assets requested for handover for payment (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 original copy;

Record of asset management inspection; documents on handover, temporary handover of assets: 1 authentic copy;

Documents on investment in the assets (such as: documents, decisions on investment of competent authorities, record): 1 copy;

Financial statement of enterprises during management period: 1 copy;

Other relevant documents: 1 copy.

b) Within 15 days from the date on which adequate documents under Point a of this Clause are received, clean water supply authorities shall send written request for remarks and copies of documents to financial authorities of the same levels and relevant authorities.

c) Within 15 days from the date on which written request of clean water authorities is received, financial authorities of the same level and relevant authorities are responsible for providing written remarks about asset handover within their functions and tasks.

d) Within 15 days from the date on which written remarks of authorities under Point c of this Clause are received, clean water authorities shall send written request, remarks of relevant authorities, and documents under Point a of this Clause to provincial People’s Committees.

dd) Within 30 days from the date on which adequate documents are received, provincial People’s Committees shall review and issue decision handing assets over to managing enterprises for payment made to the Government or provide written response in case of inadequate asset handover solutions. The Decision contains:

Name of enterprises receiving the assets;

Form of handover: asset handover for payment to the Government;

List of 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; additional investment value);

Responsibilities for implementation.

e) Based on Decision of provincial People’s Committees, clean water authorities are responsible for cooperating with relevant authorities in determining return value and payment amount in accordance with Clause 8 and Clause 9 of this Article; enterprises handed with assets shall continue to operate the assets during the asset payment and handover period.

Best regards!