What are road traffic infrastructure assets from June 10, 2024 in Vietnam?

What are road traffic infrastructure assets from June 10, 2024 in Vietnam?​ (Image from the Internet)

Regarding this matter, LawNet explains as follows:

On April 24, 2024, the Government of Vietnam issued Decree 44/2024/ND-CP stipulating the management, use, and exploitation of road traffic infrastructure assets.

What are road traffic infrastructure assets from June 10, 2024 in Vietnam?

Road traffic infrastructure assets refer to transportation infrastructure as defined by road traffic laws and the land associated with such infrastructure (if any), including:

- Roads and auxiliary constructions attached to roads.

- Road bridges and auxiliary constructions attached to road bridges.

- Road tunnels and auxiliary constructions attached to road tunnels.

- Road ferries and auxiliary constructions attached to road ferries; pontoon bridges and auxiliary constructions attached to pontoon bridges.

- Vehicle weight inspection stations.

- Road toll stations.

- Bus stations.

- Parking lots.

- Road maintenance huts.

- Rest stops.

- Spare material warehouses.

- Traffic management and monitoring centers (ITS Centers)/Traffic management and control centers.

- Compensated and cleared road safety corridor land.

- Road rescue and emergency centers.

- Information technology systems, machinery, equipment directly serving asset management and road traffic control.

(Clause 1, Article 3 Decree 44/2024/ND-CP)

What are principles for the management, use, and exploitation of road traffic infrastructure assets in Vietnam?

The management, use, and exploitation of road traffic infrastructure assets must comply with the principles stipulated in the Law on Management and Use of Public Assets and the following principles:

- Road traffic infrastructure assets must be fully recorded and accounted for both in terms of physical quantity and value; they must undergo depreciation and maintenance policies according to legal regulations.

- The exploitation of road traffic infrastructure assets through methods including transfer of toll collection rights, lease of exploitation rights, time-limited transfer of exploitation rights, and other methods as prescribed in this Decree must be implemented for either the entire or part of each transportation infrastructure asset.

In the case of partial exploitation, it must not affect the management, use, and exploitation of the remaining parts of the assets.

- When transferring, exploiting, or handling assets according to the provisions of this Decree, if the assets are related to national defense as determined by the legal regulations on the management and protection of national defense works and military zones, the opinion of the Ministry of National Defense must be obtained. For assets listed as important works related to national security determined by the authority under the legal regulations on protecting important works related to national security, assets related to national security do not need the opinion of the Ministry of Public Security; if the assets are unrelated to national defense or national security, the Ministry of Transport, provincial People's Committees, and road management agencies are responsible for determining in the proposal documents to the competent authority for decision-making on the transfer, exploitation, and handling of assets.

- When exploiting or handling road traffic infrastructure assets under Decree 44/2024/ND-CP affects other related infrastructure assets, the opinion of the management entity of the related infrastructure assets must be obtained, and solutions and responsibilities for resolution must be clearly defined.

- The management, use, and exploitation of road traffic infrastructure assets are subject to supervision, inspection, assessment, and auditing according to regulations; any violations of the laws concerning the management, use, and exploitation of road traffic infrastructure assets must be promptly and strictly handled according to legal regulations.

- The management and use of the land associated with road traffic infrastructure assets must comply with the land law, road traffic law, and other relevant laws.

The use of land funds to generate capital for developing road traffic infrastructure assets must comply with land law regulations.

(Article 4 Decree 44/2024/ND-CP)

More details can be found in Decree 44/2024/ND-CP which comes into effect on June 10, 2024.

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