Decree 129: 07 Measures for handling irrigation infrastructure in Vietnam

Decree 129: 07 Measures for handling irrigation infrastructure in Vietnam (Internet image)

Article 24 of Decree 129/2017/ND-CP stipulates 07 forms of handling irrigation infrastructure in Vietnam, including:

1. Asset recovery.

2. Asset transfer.

3. Asset sale.

4. Use of irrigation infrastructure assets to pay investors when implementing construction investment projects in the form of build-transfer contracts.

5. Asset liquidation.

6. Handling assets in case of loss or destruction.

7. Other forms of handling according to the provisions of the law.

Therefore, irrigation infrastructure in Vietnam shall be recovered in the following cases:

- When there is a change in planning or management decentralization;

- Assets are assigned to the wrong subjects or used not in accordance with regulations;

- Assets have been assigned but are no longer needed or their exploitation is ineffective;

- Other cases according to the provisions of the law.

Irrigation infrastructure assets shall be transferred in the following cases:

- When there is a change in the managing agency, management decentralization, asset classification;

- Assets are assigned but are no longer needed or their exploitation is ineffective;

- Other cases according to the decision of the competent authority or person.

The sale of irrigation infrastructure assets shall be applied in the following cases:

- Assets recovered or liquidated according to regulations are handled in the form of asset sale;

- Changing the land use purpose associated with converting the function of using irrigation infrastructure assets according to the planning approved by the competent authority.

Irrigation infrastructure assets shall be liquidated in the following cases:

- Irrigation infrastructure assets are damaged and cannot be used, or repairs are ineffective;

- Demolition of old irrigation infrastructure assets for the investment in constructing new irrigation infrastructure according to the project approved by the competent authority;

- Adjustments to the planning by the competent state agency cause a part or the whole of the irrigation infrastructure assets to be unusable according to the function of the assets;

- Other cases according to the provisions of the law in Vietnam.

More details can be found in Decree 129/2017/ND-CP which takes effect in Vietnam on January 1, 2018.

Ty Na

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