Procedures for approving the scheme for leasing the right to exploit irrigation infrastructure property in Vietnam

Procedures for approving the scheme for leasing the right to exploit irrigation infrastructure property in Vietnam (Illustrative Image)

Article 18 of Decree 129/2017/ND-CP stipulates that the leasing of the right to exploit irrigation infrastructure property in Vietnam is applicable to assets which are not large irrigation works, exceptionally important irrigation works combined with serving public duties, national defense, security, and disaster prevention, and is implemented through auction. The Procedures for approving the scheme for leasing the right to exploit irrigation infrastructure property in Vietnam is as follows:

- The agency assigned to manage the assets shall draft the Scheme for leasing the irrigation infrastructure property in Vietnam according to Form No. 07/TSTL-DA issued together with this Decree, and submit it to the Ministry of Agriculture and Rural Development, the provincial People's Committee, or the district People's Committee according to the level of authority. The application for approval of the Scheme for leasing irrigation infrastructure property in Vietnam includes:

• Written request for approval of the Scheme for leasing the right to exploit irrigation infrastructure property in Vietnam: 01 original copy;
• Scheme for leasing the right to exploit irrigation infrastructure property in Vietnam: 01 original copy;
• Other related documents (if any): 01 copy.

- For irrigation infrastructure property in Vietnam under central management, within 30 days from the date of receiving complete and valid dossiers, the Ministry of Agriculture and Rural Development shall review and comment on the Scheme, and solicit opinions from the Ministry of Finance of Vietnamand the provincial People's Committee where the asset is located. The dossier for soliciting opinions includes:

- Written opinion request from the Ministry of Agriculture and Rural Development: 01 original copy;- Scheme for leasing the right to exploit the asset: 01 original copy;- Other related documents (if any): 01 copy.

Within 30 days from the date of receiving complete and valid dossiers, the Ministry of Finance and the provincial People's Committee where the asset is located shall provide opinions regarding: the completeness and validity of the dossier; the necessity and appropriateness of the Scheme with the unit’s functions, duties, and the relevant laws on management and use of public property; the appropriateness of the basis and method for determining the rental price for the right to exploit irrigation infrastructure property in Vietnam; and any required amendments or supplements.

Within 30 days from the date of receiving written opinions from the Ministry of Finance and the provincial People's Committee where the asset is located, the Minister of Agriculture and Rural Development shall direct the drafting agency to absorb, edit, and finalize the Scheme for approval at the ministerial level or provide a written response in cases where the leasing Scheme is inappropriate.

- For irrigation infrastructure property in Vietnam under local management, within 60 days from the date of receiving complete and valid dossiers, the provincial People's Committee or district People's Committee according to the level of authority shall approve the Scheme or provide a written response in cases where the leasing Scheme is inappropriate. The public asset management agency is responsible for appraising the Scheme before the provincial People's Committee or district People's Committee approves it.

- Within 60 days from the date the Scheme is approved, the agency assigned to manage the assets shall organize the selection of a lessee for the right to exploit irrigation infrastructure property in Vietnam according to the provisions of the auction law and specialized laws. In cases where the auction fails, a re-auction shall be organized. After 02 unsuccessful auctions, if only one organization or individual registers to participate in the auction, the managing agency shall report to the competent authority for Scheme approval to decide on leasing the right to exploit irrigation infrastructure property in Vietnam to that organization or individual.

Details can be found in Decree 129/2017/ND-CP, which comes into force in Vietnam from January 1, 2018.

Ty Na

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