Principles of road infrastructure asset management, use, and utilization in Vietnam from June 10, 2024

Principles of road infrastructure asset management, use, and utilization in Vietnam from June 10, 2024
Nguyễn Thị Diễm My

On April 24, 2024, the Government of Vietnam promulgated Decree No. 44/2024/ND-CP on the management, use, and utilization of road infrastructure assets.

Principles of road infrastructure asset management, use, and utilization in Vietnam from June 10, 2024 

According to the Decree, the management, use, and utilization of road infrastructure assets shall comply with the principles prescribed in the Law on Management and Use of Public Property 2017 and the following principles: 

- Road infrastructure assets shall be subject to adequate statistics and accounting concerning items and values, as well as regulations on the calculation of asset depreciation and maintenance of works as prescribed by the law.

- The utilization of road infrastructure assets under the methods of transferring rights to collect fees for the use of assets, leasing rights to utilize assets, transferring rights to utilize assets for a specific period, and other methods according to this Decree shall be implemented for all or part of each road infrastructure asset.  In the case of utilizing a part of each asset, it is mandatory to ensure that such utilization does not affect the management, use, and utilization of the remaining parts. 

- When assigning, utilizing, and handling assets under this Decree, if assets are relevant to national defense as determined under the law on management and protection of national defense works and military zones, there must be feedback from the Ministry of National Defense of Vietnam; if assets are included in a list of important works relevant to national security promulgated by a competent authority or person under the law on the protection of important works relevant to national security and determined to be assets relevant to national security, feedback from the Ministry of Public Security of Vietnam is not required; if assets are not relevant to national defense or security, the Ministry of Transport of Vietnam, Provincial People's Committees, and road management authorities shall carry out the determination in the applications for competent authorities or persons to issue decisions on asset assignment, utilization, and handling. 

- Where the utilization and handling of road infrastructure assets implemented under this Decree affect other relevant road infrastructure assets, there must be feedback from the assignee in charge of managing such relevant road infrastructure assets and measures to specify remedial responsibilities. 

- The management, use, and utilization of road infrastructure assets shall be supervised, inspected, and audited as per regulation; any violation against the law on the management, use, and utilization of road infrastructure assets shall be promptly and strictly handled as prescribed by the law. 

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

The use of land funds for capital for the development of road infrastructure assets shall comply with the law on land. 

See more details in Decree No. 44/2024/ND-CP, effective as of June 10, 2024. 

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