Guidelines for the maintenance of hydraulic infrastructure assets in Vietnam

Guidelines for the maintenance of hydraulic infrastructure assets in Vietnam​ (Image from the Internet)

On January 09, 2025, the Government of Vietnam issued Decree 08/2025/ND-CP regulating the management, use, and exploitation of irrigation infrastructure assets.

Guidelines for the maintenance of hydraulic infrastructure assets in Vietnam

According to the provisions of Article 12 Decree 08/2025/ND-CP, the maintenance of irrigation infrastructure assets is conducted as follows:

- Irrigation infrastructure assets must be maintained according to processes, standards, and norms to maintain the technical condition of the assets, ensuring normal and safe operation during use and exploitation.

- The determination of maintenance costs for irrigation infrastructure assets is carried out in accordance with the laws on construction maintenance, and irrigation laws.

The cost of maintaining irrigation infrastructure assets is included in the price of irrigation products and services as prescribed by law on pricing of irrigation products and services and state support policies in managing and exploiting irrigation works and other relevant legal regulations, except as provided in Clause 3, Article 12 of Decree 08/2025/ND-CP.

- For irrigation infrastructure assets during the period of leasing exploitation rights, transferring limited exploitation rights to organizations or enterprises that lease exploitation rights or receive limited exploitation rights are obliged to conduct maintenance according to signed contracts. Maintenance of irrigation infrastructure assets is carried out by organizations or enterprises leasing or receiving exploitation rights, according to the laws on irrigation and related regulations.

New provisions on planning and organizing maintenance of irrigation infrastructure assets in Vietnam

The planning and organizing maintenance of irrigation infrastructure assets are conducted in accordance with the provisions of Article 13 Decree 08/2025/ND-CP as follows:

- Annually, agencies, units, and enterprises assigned irrigation infrastructure assets prepare a maintenance plan for assets under management, submit to the competent authority for irrigation appraisal, and present to the Ministry of Agriculture and Rural Development, provincial People's Committees, district People's Committees (as classified by provincial People's Committees) for consideration and approval.

- The implementation of maintenance of irrigation infrastructure assets is carried out in accordance with the laws on construction maintenance; policies and maintenance processes of irrigation infrastructure assets are implemented as prescribed by irrigation laws.

- During the management, exploitation, and maintenance of works under irrigation infrastructure assets, if there are materials and supplies recovered from the maintenance process, the handling of recovered materials and supplies is carried out as prescribed in Clause 3, Article 23 of Decree 08/2025/ND-CP.

“Article 23. Disposal of Irrigation Infrastructure Assets

...

3. The disposal of irrigation infrastructure assets is carried out in the form of demolition or destruction.

a) Recovered materials and supplies, if can be reused, can be utilized by the entity assigned the asset or used for implementing new irrigation infrastructure construction projects as approved by the competent authority.

b) If the entity assigned the asset has no further need for use, it shall be handled in the form of transfer or sale.

For materials and supplies processed by transfer, it is carried out as prescribed in Article 22 of this Decree.

For materials and supplies processed by sale, it is carried out in accordance with Article 31, Decree No. 151/2017/ND-CP dated December 26, 2017, of the Government of Vietnam detailing a number of articles of the Law on Management and Use of Public Assets (as amended and supplemented by Clause 23, Article 1 of Decree No.114/2024/ND-CP dated September 15, 2024, of the Government of Vietnam amending and supplementing a number of articles of Decree No. 151/2017/ND-CP).”

- The Minister of Agriculture and Rural Development develops and promulgates policies and maintenance processes for irrigation infrastructure assets.

More details can be found in Decree 08/2025/ND-CP effective from January 09, 2025.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE