Decree 44/2024/ND-CP regulating the management, use, and operation of road infrastructure assets in Vietnam

Decree 44/2024/ND-CP has regulated the management, use, and operation of road infrastructure assets in Vietnam

On April 24, 2024, the Government issued Decree 44/2024/ND-CP, which regulates the management, use, and operation of road infrastructure assets invested and managed by the state.

The Decree 44/2024/ND-CP does not stipulate on following entities:

(1) Road infrastructure assets transferred to enterprises through state capital investment in the enterprise.

The transfer, management, use, and operation of road infrastructure assets transferred to enterprises through state capital investment are carried out in accordance with the laws on the management and use of state capital invested in production and business activities of enterprises, laws on road traffic, and other relevant laws.

(2) Road infrastructure assets at units of the People's Armed Forces. The management, use, operation, and reporting regime for road infrastructure assets at units of the People's Armed Forces is governed by the laws on the management and use of public assets at units of the People's Armed Forces, laws on road traffic, and other relevant laws.

- Road infrastructure assets managed by entities not covered by the provisions of Clause 3, Article 2 of Decree 44/2024/ND-CP, sections (1) and (2), and road infrastructure assets invested and managed by the state but sold or transferred and included in the enterprise value during the equitization process. The management, use, and operation of road infrastructure assets in these cases are carried out in accordance with the laws on road traffic and other relevant laws.

Which agency is subject to the implementation of Decree 44/2024/ND-CP in Vietnam?

According to Article 2 of Decree 44/2024/ND-CP, the organizations subject to the application of the Decree include:

- Road traffic regulatory agencies.

- Road management agencies, including:

+ Central-level road management agency, which is an organization under the Ministry of Transport, responsible for advising and assisting the Minister of Transport in managing state road traffic and acts as the management agency for road infrastructure assets.

+ Provincial-level road management agency, which is a specialized agency under the People's Committee of the province or central-affiliated city (hereinafter referred to as the provincial People's Committee) and assists the provincial People's Committee in managing state road traffic.

+ District-level road management agency, which is a specialized agency under the People's Committee of the district, ward, town, province-level city, or city of central-affiliated city (hereinafter referred to as the district People's Committee) and assists the district People's Committee in managing state road traffic.

+ Commune-level road management agency, which is the People's Committee of the commune, ward, or town.

- Authorized road infrastructure assets management agencies, including:

+ Central-level asset management agency, as specified in point a of Clause 2, Article 2 of this Decree.

+ Provincial-level asset management agency, as specified in point b of this Clause.

+ District-level asset management agency, as specified in point c of Clause 2, Article 2 of this Decree.

+ Commune-level asset management agency, as specified in point d of Clause 2, Article 2 of this Decree.

- Organizations and units directly responsible for accounting, management, file storage, maintenance, reporting, data entry into the database on road infrastructure assets, and other delegated tasks as authorized by the asset management agency.

- Organizations and enterprises receiving the transfer of usage fee collection rights, lease rights for operation, transfer of time-limited operation rights, or other transfer of operation rights concerning road infrastructure assets as specified in this decree.

- Other relevant entities involved in the management, use, and operation of road infrastructure assets.

Decree 44/2024/ND-CP regulating the management, use, and operation of road infrastructure assets in Vietnam - image from the internet

What assets are included in road infrastructure assets in Vietnam?

In Clause 1 of Article 3 of Decree 44/2024/ND-CP, the road infrastructure assets include:

- Road and auxiliary works thereof.

- Road bridges and auxiliary works thereof.

- Road tunnels and auxiliary works thereof.

- Road ferry terminals and auxiliary works thereof; floating bridges and auxiliary works.

- Weigh station.

- Road toll booths.

- Bus stations.

- Parking lots.

- Road work management posts.

- Rest stops.

- Spare supplies storage.

- Traffic Control and Surveillance Centre (ITS Centre).

- The compensated or released land of road safety corridor limits.

- Rescue stations for road traffic.

- Information technology systems, machinery, and equipment used for asset and road traffic management.

- Other road traffic works according to road traffic laws.

Best regards!