Rights and obligations of the unit leasing the right to exploit irrigation infrastructure property in Vietnam

Recently, the Government of Vietnam issued Decree 129/2017/ND-CP on regulations for the management, use, and exploitation of irrigation infrastructure property in Vietnam

Rights  and  obligations  of  the  unit  leasing  the  right  to  exploit  water  infrastructure  assets,  Decree  129/2017/ND-CP

Rights and obligations of the unit leasing the right to exploit irrigation infrastructure property in Vietnam (Illustrative image)

Clause 4, Article 18 of Decree 129/2017/ND-CP specifically stipulates the Rights and obligations of the unit leasing the right to exploit irrigation infrastructure property in Vietnam as per the Contract as follows:

Rights of the unit leasing the right to exploit irrigation infrastructure property as per the Contract:

- Exploit irrigation infrastructure property in compliance with the law and the signed Contract;

- Decide on methods and measures to effectively exploit irrigation infrastructure property;

- Be protected by the State regarding lawful rights and interests; including the right to complain and sue in accordance with the law.

- Perform maintenance ensuring compliance with the requirements stipulated in the signed Contract.

Obligations of the unit leasing the right to exploit irrigation infrastructure property as per the Contract in Vietnam:

- Preserve the leased assets for exploitation (including land, water surfaces); avoid any loss, encroachment, and other legal violations;

- Use the leased assets for the right purposes; not allowed to transfer, sell, donate, mortgage, or contribute capital;

- Method and payment term for the lease of irrigation infrastructure property;

- Return the leased assets in cases specified in Clause 6 of this Article;

- Be responsible before the law for violations of the provisions in the signed Contract.

More 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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