06 principles for using and exploiting inland waterway infrastructure assets in Vietnam

06 principles for using and exploiting inland waterway infrastructure assets in Vietnam​ (Image from Internet)

On January 20, 2025, the Government of Vietnam promulgated Decree 12/2025/ND-CP stipulating the management, use, and exploitation of inland waterway infrastructure assets.

06 principles for using and exploiting inland waterway infrastructure assets in Vietnam

According to Article 4 of Decree 12/2025/ND-CP, the management, use, and exploitation of inland waterway infrastructure assets must comply with the principles stipulated in the Law on Management and Use of Public Assets 2017, Land Law 2024, and the following principles:

- Inland waterway infrastructure assets must be fully accounted for in terms of both physical assets and value; policies regarding asset depreciation and maintenance of infrastructure works must be implemented according to legal regulations.

- The exploitation of inland waterway infrastructure assets through lease of asset exploitation rights, or time-limited transfer of asset exploitation rights, can be carried out for the whole or a part of each infrastructure asset. In cases of exploiting a part of each asset, it is necessary to ensure uninterrupted, safe inland waterway operations without affecting the management, use, and exploitation of the remaining part of the asset.

- When deciding on the assignment, exploitation, or handling of inland waterway infrastructure assets as stipulated in Decree 12/2025/ND-CP, if the asset relates to national defense, the opinion of the Ministry of National Defense is required; if it relates to national security, the opinion of the Ministry of Public Security is required; if the asset is unrelated to national defense or national security, the Ministry of Transport, provincial people's committees, inland waterway management agencies, and asset management agencies are responsible for determining in the proposal file for competent authorities or individuals to decide on the assignment, exploitation, or handling of assets.

- If the exploitation or handling of inland waterway infrastructure assets, as specified in Decree 12/2025/ND-CP, affects other related infrastructure assets, the opinion of the entities assigned to manage the related infrastructure assets must be obtained, and solutions and responsibilities must be clearly identified to address any impact.

- The management, use, and exploitation of inland waterway infrastructure assets are subject to supervision, inspection, examination, and auditing according to regulations; all legal violations regarding the management, use, and exploitation of inland waterway infrastructure assets must be promptly and strictly addressed according to legal regulations.

- The management and use of land and water surfaces associated with inland waterway infrastructure assets must comply with the laws on land, inland waterway transport, and other related legislation. The transfer, sale, donation, capital contribution, or mortgage of land use rights associated with inland waterway infrastructure works, or the use of a sea area associated with inland waterway infrastructure works, is prohibited. If land associated with inland waterway infrastructure is recovered according to land law, the recovery of land along with the asset, compensation, support, resettlement, and management of land and assets associated with the land after recovery shall be in accordance with land law; it is not subject to the regulations of Decree 12/2025/ND-CP.

The use of land funds to generate capital for the development of inland waterway infrastructure assets is carried out according to the provisions of the land law.

More details can be found in Decree 12/2025/ND-CP effective from January 20, 2025.

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