Maintenance of infrastructure assets of road traffic works from June 10, 2024 in Vietnam

Maintenance of infrastructure assets of road traffic works from June 10, 2024 in Vietnam ​ (Image from the internet)

Regarding this issue, LawNet provides the following response:

On April 24, 2024, the Government of Vietnam issued Decree 44/2024/ND-CP regulating the management, use, and exploitation of road traffic infrastructure assets.

Maintenance of infrastructure assets of road traffic works from June 10, 2024 in Vietnam 

According to Article 10 of Decree 44/2024/ND-CP, the maintenance of infrastructure assets of road traffic works from June 10, 2024 in Vietnam is regulated as follows:

- Works belonging to road traffic infrastructure assets must be maintained to ensure normal and safe operation when using and exploiting the assets.

- Forms of maintenance for works belonging to road traffic infrastructure assets include maintenance based on performance quality and maintenance based on actual volume.

+ Maintenance based on performance quality involves performing maintenance activities according to specified quality standards, within a certain period with a specified amount of money defined in the Economic Contract. This form of maintenance is only applied for the regular maintenance activities of works belonging to road traffic infrastructure assets.

The criteria for inspection and acceptance of maintenance results for works belonging to road traffic infrastructure assets based on performance quality are stipulated by the Minister of Transport.

+ Maintenance based on actual volume involves carrying out maintenance activities according to the actual volume of work performed.

+ The Minister of Transport (for assets under central management) and the Provincial People's Committees (for assets under local management) decide or issue regulations on the authority to decide the application of maintenance forms based on performance quality or actual volume for regular maintenance activities.

- Other contents regarding the maintenance of works belonging to road traffic infrastructure assets are implemented in accordance with the legal regulations on road traffic, quality management and maintenance of construction works, and other relevant laws.

- During the management and maintenance of works belonging to road traffic infrastructure assets, if materials or supplies are recovered from the maintenance activities, the handling of recovered materials or supplies is carried out according to the provisions of Decree 44/2024/ND-CP.

- In the case of transferring the right to collect fees for using the assets, leasing the right to exploit the assets, or transferring the right to exploit the assets for a limited time, if the contract stipulates the responsibility of the transferee, lessee, or limited-time transferee to perform maintenance of the works belonging to the assets, the transferee/lessee is responsible for performing maintenance in accordance with legal regulations and the signed contract using their own funding.

The handling of recovered materials or supplies (if any) in this case shall be carried out by the transferee of the right to collect fees, the lessee of the right to exploit the assets, and the limited-time transferee according to relevant legal regulations.

Management of assets during the investment in upgrading, renovation, and expansion of road traffic infrastructure assets under a state-funded project in Vietnam

- Current road traffic infrastructure assets that are invested, upgraded, renovated, or expanded under a state-funded project approved by competent authorities (including projects that involve construction, upgrading, renovation, or expansion of other assets but have content related to investments in current road traffic infrastructure assets) shall be carried out in accordance with legal regulations on state budget, public investment, construction, road traffic, and other relevant laws.

- In cases where the project investor for upgrading, renovation, or expansion of assets is not the managing authority of the assets, based on the project approved by the competent authority:

+ The Ministry of Transport (for assets under central management) and the Provincial People's Committees (for assets under local management) are responsible for directing the asset management agency within its management scope to temporarily hand over the assets to the project investor during the project implementation period. The temporary handover of assets shall be documented as per Form No. 01A in the Appendix attached to this Decree.

+ During the temporary handover of road traffic infrastructure assets to the project investor, the asset management agency is responsible for the management and accounting of assets; the project investor is responsible for ensuring smooth and safe traffic during the investment period, including the responsibility for maintaining the works belonging to the assets if the project approved by the competent authority includes funds for maintaining the works; no maintenance funds shall be allocated to the asset management agency during the temporary handover period to the project investor.

+ After the project is completed and handed over for use according to regulations, the project investor is responsible for handing over the assets and the added value of the assets generated by the project to the asset management agency according to the provisions of law to manage, use, and exploit the assets in accordance with Decree 44/2024/ND-CP, road traffic laws, and other relevant laws.

(Article 11 of Decree 44/2024/ND-CP)

Nguyen Ngoc Que Anh

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