Vietnam’s regulations on withdrawal of national railway infrastructure

Cases of withdrawal of national railway infrastructure

According to Decree No. 46/2018/NĐ-CP of Vietnam’s Government, the national railway infrastructure shall be withdrawn if:

- There are changes in the plan or in decentralization.

- The infrastructure is handed to improper entities that use it for improper purposes; it is borrowed.

- The infrastructure is sold, leased, given, mortgaged, contributed as capital, and used in joint venture or association against the laws.

- The infrastructure is handed over but no longer needs for use or is operated in an ineffective manner.

- Other cases as prescribed by laws.

The authority to withdraw:

- The Prime Minister is authorized to withdraw the national railway infrastructure which is related to national defense and security in consideration of the request from the Minister of Transport.

- The Minister of Finance shall consider withdrawing the national railway infrastructure which is associated with land, except the infrastructure related to national defense and security; the withdrawal decision shall be made in consideration of the requests from the Minister of Transport and relevant agencies.

- The Minister of Transport shall consider withdrawing the national railway infrastructure which is not under the management of the Prime Minister and the Minister of Finance.

The national railway infrastructure to be withdrawn shall be:

- Transferred in accordance with regulations;

- Sold in accordance with regulation.

Before withdrawing the land associated with the national railway infrastructure as prescribed in the law on land, the competent authority that makes the withdrawal decision shall send a written request to the Ministry of Finance for consultation. The Ministry of Finance shall take charge and cooperate with relevant agencies to provide consultation on the withdrawal plan.

The request for consultation shall specify explanations for the withdrawal, area of land to be withdrawn, proof that the land withdrawal conforms to the land-use plan which is approved by the competent authority and other necessary contents.

View more details at Decree No. 46/2018/NĐ-CP of Vietnam’s Government, effective from March 14, 2018.

-Thao Uyen-

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