Latest methods for exploiting inland waterway infrastructure assets in Vietnam

Latest methods for exploiting inland waterway infrastructure assets in Vietnam​ (Image from the Internet)

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

Latest methods for exploiting inland waterway infrastructure assets in Vietnam

Article 12 of Decree 12/2025/ND-CP outlines the methods and sources of revenue from exploiting inland waterway infrastructure assets in Vietnam as follows:

- Methods of exploitation:

+ The asset management agency directly organizes the exploitation of inland waterway infrastructure assets.

+ Leasing rights to exploit inland waterway infrastructure assets.

+ Transferring rights to exploit inland waterway infrastructure assets for a limited time.

- In cases where the exploitation methods mentioned in points b and c, clause 1 of Article 12 of Decree 12/2025/ND-CP are applied and require hiring consultants to develop an asset exploitation scheme, the consulting fees shall be advanced from the regular expenditure budget of the asset management agency and deducted from the revenue generated from asset exploitation. The selection of consulting units to develop asset exploitation schemes shall comply with legal regulations.

- Sources of revenue from exploiting inland waterway infrastructure assets include:

+ Fees and charges as prescribed by the law on fees and charges.

+ Revenue from service charges related to the use of inland waterway infrastructure assets and other revenues related to service provision as prescribed by law.

+ Revenue from leasing rights to exploit assets and transferring rights to exploit inland waterway infrastructure assets for a limited time.

+ Other revenues (if any) as prescribed by law.

- In the process of managing, using, and exploiting inland waterway infrastructure assets, if constructing or installing telecommunications works on these assets, the construction or installation shall comply with telecommunications laws without the need to develop or approve an exploitation scheme per the regulations in Decree 12/2025/ND-CP, and the management and use of the revenue generated from constructing or installing telecommunications works on these assets shall comply with the provisions in point b, clause 1 of Article 17 of Decree 12/2025/ND-CP.

- In case of franchising to manage and exploit inland waterway infrastructure assets under a Business - Management (O&M) Contract, during the contract period, the franchising for business and management of these assets shall be conducted according to the regulations on public-private partnership investment; without the need to develop or approve an exploitation scheme as stipulated in Decree 12/2025/ND-CP.

Note: Inland waterway infrastructure assets are defined according to the law on inland waterway traffic and include relevant land and water areas (if any) attached to the inland waterway infrastructure.

- Inland waterway infrastructure assets related to national defense and security are determined as follows:

+ Assets related to national defense are determined according to the regulations on managing and protecting defense projects and military zones.

+ Assets related to national security are determined according to the regulations on protecting critical national security projects.

(According to Article 3 of Decree 12/2025/ND-CP)

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

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