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 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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