Transfer of Management of Inland Waterway Transport Infrastructure Asset

On March 13, 2018, the Government of Vietnam promulgated Decree 45/2018/ND-CP regulating the management, usage, and exploitation of inland waterway transportation infrastructure assets.

In Decree 45, the inland waterway transport infrastructure assets are allocated to the management entities as follows:

- All inland waterway transport infrastructure assets invested and managed by the State (excluding the state capital component in enterprises) are allocated to the agency responsible for managing the assets.- The agency assigned to manage assets at the central level is the agency assisting the Minister of Transport in performing state management functions specialized in inland waterway transport; the agency assigned to manage assets at the local level is the agency assisting the provincial-level People's Committee (hereinafter referred to as the provincial People's Committee) in performing state management functions specialized in inland waterway transport.

Authority to allocate management of inland waterway transport infrastructure assets

Depending on the region, the authority to allocate management will differ. Specifically:

- The Prime Minister of the Government of Vietnam decides on the allocation of management of inland waterway transport infrastructure assets related to national defense, national security, and assets formed from projects decided by the Prime Minister of the Government of Vietnam based on the proposal of the Minister of Transport, the Chairman of the provincial People's Committee, and the opinions of related agencies;- The Minister of Transport decides on the allocation of management of centrally managed inland waterway transport infrastructure assets not within the scope of the Prime Minister of the Government of Vietnam's decision;- The Chairman of the provincial People's Committee decides on the allocation of management of locally managed inland waterway transport infrastructure assets not within the scope of the Prime Minister of the Government of Vietnam.

Documentation for proposing the allocation of management of inland waterway transport infrastructure assets includes:

- Proposal document from the agency managing the assets: 01 original copy;- Review, classification report of assets or asset transfer dossiers put into use: 01 original copy;- List of assets proposed for allocation (name of asset; quantity; condition; original price, remaining value according to accounting books): 01 original copy;- Other related documents (if any): 01 copy.

Authority, procedures, and formalities for allocating inland waterway transport infrastructure assets

- The authority, procedures, and formalities for allocating inland waterway transport infrastructure assets in the form of state capital investment in enterprises shall comply with the provisions of the law on management and use of state capital invested in production and business in enterprises.- The management and use of inland waterway transport infrastructure assets, which have been accounted into the state capital component at enterprises, shall comply with the provisions of the law on management and use of state capital invested in production and business in enterprises, specialized law on inland waterway transport, and related laws.

See additional related regulations at Decree 45/2018/ND-CP effective from March 13, 2018.

- Thao Uyen -

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE

0 lượt xem



  • Address: 19 Nguyen Gia Thieu, Vo Thi Sau Ward, District 3, Ho Chi Minh City
    Phone: (028) 7302 2286
    E-mail: info@lawnet.vn
Parent company: THU VIEN PHAP LUAT Ltd.
Editorial Director: Mr. Bui Tuong Vu - Tel. 028 3935 2079
P.702A , Centre Point, 106 Nguyen Van Troi, Ward 8, Phu Nhuan District, HCM City;