Recently, the Government of Vietnam issued Decree 129/2017/ND-CP on regulations for the management, use, and exploitation of irrigation infrastructure property in Vietnam.
03 cases of irrigation infrastructure property in Vietnam being liquidated in Vietnam (illustrative image)
According to Article 29 Decree 129/2017/ND-CP, irrigation infrastructure property in Vietnam are liquidated in the following cases:
- irrigation infrastructure property in Vietnam are damaged beyond use or repair is ineffective;
- Demolition of old irrigation infrastructure property in Vietnam to invest in the construction of new irrigation infrastructure property in Vietnam according to a project approved by the competent authority;
- The state authority adjusts the planning causing part or the entirety of the irrigation infrastructure property in Vietnam to be unusable according to the asset's functionality;
- Other cases as stipulated by law.
Further, the authority to decide on the liquidation of irrigation infrastructure property in Vietnam includes:
- The Minister of Agriculture and Rural Development decides or decentralizes the authority to decide on the liquidation of irrigation infrastructure property in Vietnam under their management scope;
- The Provincial People's Council decentralizes the authority to decide on the liquidation of irrigation infrastructure property in Vietnam under their management scope.
Additionally, in cases where the irrigation infrastructure property in Vietnam are liquidated by demolition or destruction, the recovered materials are handled as follows:
- Handed over to the unit exploiting the irrigation infrastructure property in Vietnam for continued use if needed. The Ministry of Agriculture and Rural Development of Vietnam, the Provincial People's Committee, or the District People's Committee, according to the decentralization, decides on the usage of recovered materials (type of material, duration of usage). The value of recovered materials brought into use is determined by reassessed value; recorded as revenue and expenditure of the state budget and deducted from the budget estimate of the year the materials are used;
- Transferred;
- Sold.
Details can be found at Decree 129/2017/ND-CP which comes into force in Vietnam from January 01, 2018.
Ty Na
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