Regulation on handover of maritime infrastructure in Vietnam

According to Decree No. 43/2018/NĐ-CP of Vietnam’s Government, handover of maritime infrastructure is specified as follows:

Maritime infrastructure shall be handed over to infrastructure supervisors as follows:

- Maritime infrastructure prescribed in Clause 1, Points c, d, and dd Clause 2 Article 4 of this Decree is handed over to infrastructure supervisors being maritime authorities affiliated to the Ministry of Transport;

- Maritime infrastructure prescribed in Clause 3 Article 4 of this Decree is handed over to coastal communication providers affiliated to the Ministry of Transport in the form of investment of state capital in enterprises in accordance with law on management and use of state capital invested in enterprises;

- Maritime safety infrastructure prescribed in Points a and b Clause 2 Article 4 of this Decree is handed over to maritime safety providers affiliated to the Ministry of Transport in the form of investment of state capital in enterprises in accordance with law on management and use of state capital invested in enterprises.

The power to hand over maritime infrastructure is as follows:

- The Prime Minister shall consider handing over maritime infrastructure in conjunction with national defense and security or property formed from projects subject to the Prime Minister’s decision to competent agencies at the request of the Ministry of Transport and relevant agencies;

- The Minister of Transport shall consider handing over maritime infrastructure not prescribed in Point a of this Clause to competent agencies.

Request for management of maritime infrastructure includes:

- Request form of infrastructure supervisor: 1 original;

- A record of infrastructure classification or dossier of infrastructural facilities being handed over and brought into operation: 1 original;

- A list of infrastructural facilities to be handed over (description, quantity, state, input value, residual value): 1 original;

- Other documents (if any): 1 copy.

Procedures for handing over maritime infrastructure are as follows:

- Within 12 months from the effective date of this Decree (in case of existing maritime infrastructure) or 60 days from the date on which the maritime infrastructure is brought into operation (in case of newly built or procured maritime infrastructure), the Ministry of Transport shall direct infrastructure supervisors to cooperate with entities which are managing or using infrastructure in reviewing, classifying and valuing the facilities, and then send a plan on handing over maritime infrastructure prescribed in Clause 3 hereof to Ministry of Transport. Funding for review and classification of facilities shall be financed from the state budget as prescribed in law on state budget;

- Within 30 days from the date on which a satisfactory application is received, the Minister of Transport shall consider handing over maritime infrastructure within its authority;

- Within 30 days from the date on which a satisfactory application is received, the Ministry of Transport shall send requests for consultation together with copies of the application to relevant agencies in terms of the plan in question within authority of Prime Minister;

Within 30 days from the date on which a satisfactory application is received, the Ministry of Transport and relevant agencies shall give consultations within their competence in terms of the plan in question;

Within 30 days from the date on which all consultations are received, the Ministry of Transport shall send a report on the plan in question (together with copies of the application and consultations made by relevant agencies) to the Prime Minister for consideration.

A decision to hand over maritime infrastructure shall at least contain: Name of infrastructure supervisor; a list of facilities to be handed over (description, quantity, state, input value, and residual value); responsibilities for implementation;

Within 30 days from the competent authority prescribed in Clause 2 of this Article issues a decision, the Ministry of Transport shall entrust maritime infrastructure as prescribed. The entrusting of facilities shall be recorded in writing.

Decree No. 43/2018/NĐ-CP of Vietnam’s Government comes into force from March 12, 2018.

-Thao Uyen-

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