Method of management assignment for urban railway infrastructure assets using state capital in Vietnam from February 3, 2025

Method of management assignment for urban railway infrastructure assets using state capital in Vietnam from February 3, 2025​ (Image from Internet)

On February 03, 2025, the Government of Vietnam issued Decree 15/2025/ND-CP stipulating the management, use, and exploitation of railway infrastructure assets.

Method of management assignment for urban railway infrastructure assets using state capital in Vietnam from February 3, 2025

The scope and form of management allocation for national railway infrastructure assets, as the outcome of projects using state capital, are carried out in accordance with Clause 3, Article 5 of Decree 15/2025/ND-CP as follows:

- In cases where the investment project approved by the competent authority identifies the beneficiary of the assets as the outcome of the project and that beneficiary is a national railway asset management enterprise, after the completion of investment construction, procurement, the project owner, project leader, or project management board is responsible for handing over the assets to the national railway asset management enterprise; it is not required to re-conduct the asset allocation procedures as stipulated in Decree 15/2025/ND-CP.

- In cases where the investment project approved by the competent authority identifies the beneficiary of the assets as the outcome of the project, but the beneficiary is not a national railway asset management enterprise, it is handled as follows:

If the beneficiary is a state agency, public service provider, agency of the Communist Party of Vietnam, Vietnam Fatherland Front, or socio-political organization, after the beneficiary receives the assets, the assets are transferred from the beneficiary to the Ministry of Transport to be assigned to the national railway asset management enterprise; the transfer is conducted in accordance with Clause 4, Article 5 of Decree 15/2025/ND-CP.

If the asset beneficiary as the outcome of the project is not a state agency, public service provider, agency of the Communist Party of Vietnam, Vietnam Fatherland Front, or socio-political organization, the beneficiary manages, uses, and exploits the assets as per the regulations of railway and other relevant laws. In case there is a need to transfer the assets to the Ministry of Transport to be handed over to the national railway asset management enterprise, it is conducted in accordance with Clause 4, Article 5 of Decree 15/2025/ND-CP.

- In cases where the investment project approved by the competent authority does not identify the beneficiary of the assets as the outcome of the project, the authority, procedures, and processes for allocating or transferring national railway infrastructure assets to the Ministry of Transport for assignment to the national railway asset management enterprise are conducted in accordance with the regulations on asset handling outcomes from projects using state capital, in the law on the management and use of public assets; it is not required to re-conduct the asset allocation procedures as stipulated in Decree 15/2025/ND-CP.

More details can be found in Decree 15/2025/ND-CP, effective from February 03, 2025.

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