Procedures for using inland waterway infrastructure assets to participate in the PPP project in Vietnam

Procedures for using inland waterway infrastructure assets to participate in the PPP project in Vietnam​ (Image from the Internet)

Procedures for using inland waterway infrastructure assets to participate in the PPP project in Vietnam

According to Clause 3, Article 25 of Decree 12/2025/ND-CP, the procedures for utilizing existing inland waterway infrastructure assets for participation in investment projects under the public-private partnership model in Vietnam are as follows:

- When there is a need to utilize inland waterway infrastructure assets to participate in investment projects under the public-private partnership model, the asset management agency shall prepare one set of proposal documents and report to the superior management agency (if any) to present to the authority or individual authorized as stipulated in points b and c, Clause 2, Article 25 of Decree 12/2025/ND-CP. The proposal dossier includes:

+ Original document from the asset management agency regarding the proposal to utilize assets for participation in an investment project under the public-private partnership model.

+ Original document from the superior management agency (if any) of the asset management agency regarding the utilization of assets for participation in an investment project under the public-private partnership model.

+ Original document from the provincial inland waterway management agency (in case the asset is under the management of the district-level inland waterway management agency) regarding the utilization of assets for participation in an investment project under the public-private partnership model.

+ Copies of opinions from relevant agencies.

+ Original list of assets proposed for use in investment projects under the public-private partnership model according to Form No. 01B at the Annex issued with Decree 12/2025/ND-CP.

+ Copies of other related documents (if any).

- Within 30 days from the date of receiving the complete dossier as specified in point a, Clause 3, Article 25 of Decree 12/2025/ND-CP, the authority or individual authorized under points b and c, Clause 2, Article 25 of Decree 12/2025/ND-CP shall review and decide on the use of assets for participation in investment projects under the public-private partnership model for cases within their jurisdiction or issue a written response if the proposal is not appropriate.

In cases where the decision is subject to the Prime Minister's authority, the Ministry of Transport (for centrally managed assets) and the Provincial People's Committee (for locally managed assets) shall prepare one set of proposal documents for the Prime Minister of Vietnam to consider, decide on the utilization of assets for participation in investment projects under the public-private partnership model, or provide directives if the proposal is not appropriate. The proposal dossier includes:

+ Original document from the Ministry of Transport (for centrally managed assets) or from the Provincial People's Committee (for locally managed assets) regarding the proposal to utilize assets for participation in investment projects under the public-private partnership model.

+ Copies of opinions from relevant agencies.

+ Copies of dossiers as stipulated in point a, Clause 3, Article 25 of Decree 12/2025/ND-CP.

- The main contents of the Decision to use inland waterway infrastructure assets for participation in investment projects under the public-private partnership model include: the name of the agency having the assets to be used for project participation; the name of the investor receiving the assets; a list of assets participating in the investment project under the public-private partnership model (name of the asset; address; year put into use; basic specifications (volume, length,...); area; original cost, remaining value (if any); asset usage status); responsibility for organizing implementation.

The asset management agency is responsible for organizing the maintenance, protection, and upkeep of the projects under the inland waterway infrastructure assets as prescribed by law until the completion of the handover of the assets to the investor.

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